G. D24098 - PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS.PDF
Extracted text (via ocr_local)
23674 characters
Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc Date October 12, 2021 Address 4722 N 24 Street, Suite 200 Phone 602-230-6271 City Phoenix, AZ85016 Fax 602-926-0452 Escrow Officer _| Jason Bryant Email JBRYANT@SECURITYTITLE.COM Escrow No. 23200230-023-JB7-SW Recreation Centers of Sun City West, Inc., an Arizona non-profit Grantor: corporation Phone: 623-544-6127 Contact Russ Boston Phone: Mailing Address: | 19803 RH Johnson Boulevard, #D2 Email Russ.boston@suncitywest.com City, State Zip Sun City West, AZ 85375 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: | Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or Sub- Charges and Disbursements to be paid from Grantor's funds as follows deposit with the Title Company if escrowed, the purchase price Object (check all that apply): plus all lawful costs incidental to closing as follows: Code : i Escrow Fees TBD [1 Total Acquisition of Grantor's Property: Full release of all Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind. Title Report Pay in full all due and delinquent real property taxes and Title Report Credit general and special improvement assessments. Prorate the Total Escrow & Title Fees TBD current year's real property taxes on closings that occur on or after the 3rd Monday of August each year. Escrow Agent Recording Fees: shall withhold the prorated amounts from each party and pay Release & Reconveyance the lien of the current year's taxes in full. Release of Lease | [ EX Partial Acquisition of Grantor's Property: Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent Total Recording Fees TBD property taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within Release Fees Maricopa County's partial acquisition, and any Certificate(s) Consent Fees of Purchase. The current year's taxes shall not be prorated S.R.V.W.U.A. regardless of the closing date. Taxes -Prorated l [x] Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD [1 Other Disbursements: _| Sub Total TBD Drainage Easements* $1,339.00 11 Temporary Construction 12 Easement $194.00 Possession date: Close of escrow: Total Compensation $1,535.00 Date of recording: Special Conditions Right of Way Contract Yes K] | NoL] Exhibit "B" Total Escrow & Title Costs TBD 14 Entry Agreement YesC] | NoX Total Purchase Price Addendum attached hereto and made a YesL] | NoX TOTAL WARRANT** TBD part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. *#* P.O.C Paid outside of closing Project: Meeker Boulevard and Granite Valley Drive PCN: | TT0602 Assessor Parcel No.: 232-15-933 Item No | D24098 Right of Way Agent: Sandy Ojeda Telephone # | 602-506-5248 Page 1 of 12 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow. The Right of Way Agent or MARICOPA COUNTY Real Estate Department will be furnished a copy of the Grantor’s closing statement with the following certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from MARICOPA COUNTY.” The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a copy of this request or a copy of a signed receipt is to be retained in the escrow file. Maricopa County will pay the costs of the owner’s title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow. In the alternative, Maricopa County may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not applicable. Ifany element of this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and recording of the documents. It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration also includes; full and complete compensation for all injury or damage to the Grantor's remaining lands by reason of their severance from the part being acquired and the construction of the improvements in the manner proposed by MARICOPA COUNTY. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY’s occupation of the Grantor's property caused by MARICOPA COUNTY 's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARICOPA COUNTY 's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821. This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. It is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding. GRANTOR: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Recreation Centers of Sun City West, Inc., an Arizona non-profit corporation . MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF By Stiesan C. Fr FQ sie es OF TRANSPORTATION SUPERVISORS 7D STGNED—1W-COUNTERPART OMbe C- 7 gerwnd “ eC. Real Property Manager Chairman of the Board Its: Hpesrden? -— KESCw ———___—-- CzeoveRvi4s FReoSsrd ATTEST: Date Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Date f/O+1 2O-2T Supervisors SIGNED JN COUNTERPART t Deputy County Attorney _ Date Date Accepted ESCROW OFFICER DATE RES/KGR Revised 2/3/2017 Page 2 of 12 DocuSign Envelope ID: 653187BC-3E95-4AAB-821F-B1FBB36933F9 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. ‘The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow. ‘The Right of Way Agent or MARICOPA COUNTY Real Estate Department will be furnished a copy of the Grantor's closing statement with the following certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from MARICOPA COUNTY.” The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a copy of this request or a copy of a signed receipt is to be retained in the escrow file. Maricopa County will pay the costs of the owner's title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by esccow companies incidental to the closing of escrow, In the alternative, Maricopa County may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not applicable. If any element of this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and recording of the documents. Itis understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration also includes; full and complete compensation for all injury or damage to the Grantor’s remaining lands by reason of their severance from the pact being acquired and the construction of the improvements in the manner proposed by MARICOPA COUNTY. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY 's occupation of the Grantor's property caused by MARICOPA COUNTY’'s negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARICOPA COUNTY 's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821. This Agreement is subject to cancelation pursuant to A.R.S, § 38-511. It is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding, GRANTOR: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Recreation Centers of Sun City West, Inc., MARICOPA COUNTY BOARD OF an Arizona non-profit corporation . MARICOPA COUNTY DEPARTMENT BwSisan C- PtFZ si MPs OF TRANSPORTATION SUPERVISORS py Remterlg, Kometo TONED HG OUNTERPART—§ Ay < Sia. Ya V Tad Ss BEESASSFE2B8416 = Real Property Manager Chairman of the Board ts: APesiden? .— KESTW 11/3/2021 Cae Vern uF BeSsrd ATTEST: Date SIGNED JW COUNTERPARF—— Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Date J/O*7 RO-2T Supervisors 7 DOCUSIOMED bY: Wauyue Pro 11/3/2021 Deputy County Attorney __ Date Date Accepted ESCROW OFFICER DATE RES/KGR Revised 2/3/2017 Page 2 of 12 EXHIBIT "B" RIGHT OF WAY AGREEMENT Patcel No.: 232-15-933 Project No.: TT0602 Project Name: Meeker Boulevard and Granite Valley Drive Item No.: 1D24098 (SO) WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between the Grantor and Maricopa County. No further consideration is being paid than described in this agreement. THE COUNTY OF MARICOPA AGREES: A. B. C. To use the real property described herein for the general welfare and benefit of the public. To pay the Grantors the sum of One Thousand Three Hundred Thirty-Nine and No/100 Dollars ($1,339.00) as payment in full for the Drainage Easement on the property described herein. To pay the Grantors the sum of One Hundred Ninety-Four and No/100 Dollars ($194.00) as payment in full for the Temporary Construction Easement on the property described herein. That, if in the opinion of the Transportation Director it becomes necessary, private structures will be relocated in kind to the Grantot’s property, clear of the property described herein, at no expense to the Grantor except as may be herein otherwise agreed. That no costs relating to construction of roadway improvements on Project No. TT0602 will be charged to the Grantor. THE GRANTORS AGREE: 1. 2. To grant a Drainage Easement and Temporaty Construction Easement for the real property described in Exhibit "A" to the County of Maricopa for the genetal welfare and benefit of the public. To accept the sum of One Thousand Three Hundted Thitty-Nine and No/100 Dollats ($1,339.00) as payment in full for the Drainage Easement on the property described herein. To accept the sum of One Hundred Ninety-Four and No/100 Dollats ($194.00) as payment in full for the Temporary Construction Easement on the property described herein. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing "D" above. Page 3 of 12 Exhibit “A” Attached to Drainage Easement Parcel No. 232-15-933 Project No. TT0602 MEEKER BOULEVARD AT GRANITE VALLEY DRIVE Item No. D24098-DE LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land in the Southwest Quarter of Section Twenty Eight, Township Four North, Range One West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at the centerline intersection of Meeker Boulevard and Granite Valley Drive as shown on Sun City West Unit 24 plat recorded in Book 293 of Maps, Page 38 of Maricopa County Records; thence, from a radial line bearing North 15°59'38" West, easterly along the centerline of said Meeker Boulevard, the arc of a curve concave to the south having a radius of 1500.00 feet and a central angle of 01°00'L1", for an arc distance of 26.26 feet to the beginning of a non-tangent line; thence departing said centerline, South 14°59'32" East, for a distance of 55.00 feet to a point on the southerly Right of Way line of said Meeker Boulevard, said point being the Point of Beginning; thence departing said Right of Way line, South 14°59'32" East, for a distance of 21.50 feet to the beginning of a non-tangent curve; thence, from a radial line bearing North 14°59'32" West, westerly along the arc of a curve concave to the south having a radius of 1423.50 feet and a central angle of 02°00'37", for an arc distance of 49.95 feet to the beginning of a non-tangent line; thence North 17°00'09" West, for a distance of 21.50 feet to a point on said southerly Right of Way, said point being radial to the next described curve; thence along said Right of Way line, from a radial line bearing North 17°00'09" West, easterly along the arc of a curve concave to the south having a radius of 1445.00 feet and a central angle of 02°00'37", for an arc distance of 50.70 feet to the Point of Beginning. The above described parcel contains 1,082 square feet or 0.0248 acres, more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 05/06/2021 KH __| Chk: | Appr: AWG 5/7/2021 Rev: Maricopa County Real Estate Department GRANTOR St DATE faba) Page 4 of 12 Exhibit "B", Attached to Drainage Easement Not to Scale Q 2 e BEARING < N_15°59'38" W = N 14°59'32" W < N 17°00'09" W Q _— _— pid a : \ wets NO BEARING LENGTH pal U4 S 14°59'32"E | 55,00" \ L2 S$ 14°59'32"E | 21.50! \ L3 N17°00'09" W_| 21,50! \ NO. |RADIUS | DELTA _|LENGTH | TANGENT \ C1 | 1500.00' | 07°00'44" | 26.26 [| 13.13" C2 | 1423.50' | 02°00'37" | 49.95' [| 24.98" C3 | 1445.00' | 02°00'37" | 50.70' | 25.35" 3 \ D24098-DE \ _ a & \ _ _ P L- D24098 RECREATION CENTERS OF SUN CITY WEST 232-15-933 Tract "J", Sun City West, Unit 22 D24098-DE Area: 1,082 square feet or 0.0248 acres Total Req'd. Area: 1,082 square feet or 0.0248 acres 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MEEKER BOULEVARD AT GRANITE VALLEY DRIVE PROJECT No. TT0602 ITEM No. D24098-DE DATE 05/06/2021 RW S.0O. Tech K.H. Page 5 of 12 Exhibit "B", Attached to Drainage Easement 1224098 REGREAMGNIGENTERS OF SUN GITY WEST Vest, “Unit 22 D24098-DE Area: 1,082 square feet or 0.0248 acres Total Req'd. Area: 1,082 square feet or 0.0248 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MEEKER BOULEVARD AT GRANITE VALLEY DRIVE PROJECT No. TT0602 ITEM No. D24098-DE DATE 05/06/2021 RW S.0. Tech K.H. Page 6 of 12 Exhibit “A” Attached to Temporary Construction Easement Parcel No. 232-15-933 Project No. TT0602 MEEKER BOULEVARD AT GRANITE VALLEY DRIVE Item No. D24098-TCE1 LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land in the Southwest Quarter of Section Twenty Eight, Township Four North, Range One West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at a point on the southwesterly property line of Tract “J” as shown on Sun City West Unit 22 plat recorded in Book 275 of Maps, Page 17 of Maricopa County Records, said point also being a point of curve on the northerly Right of Way of Summerstar Drive, and to which point a radial line bears South 32°29'55" West, having a radius of 370.00 feet; Thence northwesterly along said Right of Way and arc of said curve having a central angle of 17°58'26", for an arc distance of 116.07 feet to the Point of Beginning, and to which point a radial line bears South 50°27'30" West, having a radius of 370.00 feet; Thence northwesterly along the arc of a curve concave to the northeast, having a central angle of 02°44'22", for an arc distance of 17.69 feet to a point of beginning of a non-tangent curve concave to the east, and to which point a radial line bears South 52°39'59" West, having a radius of 15.00 feet; Thence northerly along the arc of said curve having a central angle of 92°14'46", for an are distance of 24.15 feet to a point on the southeasterly Right of Way Line of Meeker Boulevard, and to which point a radial line bears North 35°05'14" West, having a radius of 1,445.00 feet; Thence northeasterly along the arc of said curve having a central angle of 00°35'01", for an are distance of 14.72 feet to the beginning of a non-tangent line; Thence departing said Right of Way, South 39°09'31" East, for a distance of 8.15 feet; Thence South 11°01'15" West, for a distance of 35.72 feet; Thence South 50°28'19" West, for a distance of 3.61 feet to the Point of Beginning. The above described parcel contains 623 square feet or 0.0143 acres, more or less, and is depicted on attached Exhibit “B”. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/23/2020 KH ___| Chk: | Appr: AWG 4/16/2021 Rev: Maricopa County Real Estate Department GRANTOR S+._DATE [020 [aI Page 7 of 12 Exhibit "B", Attached to Temporary Construction Easement N NO. BEARING LENGTH Lt $ 39°09'31"E | 8.15" L2 S11°01'15"W | 35,72" L3 $50°28'19"W | 3.61 NO. | RADIUS DELTA _| LENGTH] TANGENT C1 | 370.00" 17°5826" | 116.07' | 58.52 Not to Scale C2 | 370.00" 02°44'22" | 17.69 8.85" C3 | 15.00" 92°1446" | 24.15" 15,60" wo C4 | 1445.00] _00°35'01" | 14.72' 7.36" a NO. BEARING we RB1 $ 32°29'55" W N RB2 | __$ 50°27'30" W RB3 | __$ 52°39'5" W RB4 | _N35°0514" W D24098 RECREATION CENTERS OF SUN CITY WEST \ 232-15-933 Tract "J", Sun City West, Unit 22 D24098-TCE1 Area: 623 square feet or 0.0143 acres Total Req'd. Area: 623 square feet or 0.0143 acres 1 off MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MEEKER BOULEVARD AT GRANITE VALLEY DRIVE PROJECT No. TT0602 | ITEM No, D24098-TCE1 DATE 04/07/2021 RW S.0. Tech K.H. Page 8 of 12 Exhibit "B", Attached to Temporary Construction Easement | NO. [BEARING | LENGTH] | ts | ssozeo"w] 3.611 _| |_NO. | RADIUS A (Laer: EF. A I eo | 24098 TKo@NeAaON CEN @aig5 OF SUN GiRaiaS Per 15-933 Jract "J", Sun Giaaiieesen eign ees D24098-TCE1 Area: 623 square feet or 0.0143 acres Total Req'd. Area: 623 square feet or 0.0143 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MEEKER BOULEVARD AT GRANITE VALLEY DRIVE PROJECT No. TT0602 | ITEMNo. D24098-TCE1 DATE 03/19/2021 RW S.0. Tech K.H. Page 9 of 12 Exhibit “A” Attached to Temporary Construction Easement Parcel No. 232-15-933 Project No. TT0602 MEEKER BOULEVARD AT GRANITE VALLEY DRIVE Item No. D24098-TCE2 LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land in the Southwest Quarter of Section Twenty Eight, Township Four North, Range One West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at a point on the southerly Right of Way line of Meeker Boulevard at the Northeast corner of Tract “J” of Sun City West Unit 22 plat recorded in Book 275 of Maps, Page 17 of Maricopa County Records; Thence along said Right of Way Line, North 84°11'05" West, for a distance of 358.89 feet to the Point of Beginning; Thence, leaving said Right of Way, South 05°52'02" West, for a distance of 10.00 feet; Thence North 84°11'05" West, for a distance of 31.94 feet; Thence North 05°42'59" East, for a distance of 10.00 feet to said Right of Way line; Thence, along said Right of Way Line, South 84°11'05" East, for a distance of 31.96 feet to the Point of Beginning. The above described parcel contains 319 square feet or 0.0073 acres, more or less, and is depicted on attached Exhibit “B”. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/23/2020 KH__| Chk: | Appr: AWG 4/16/2021 Rev: Maricopa County Real Estate Department GRANTOR 37 pATE_10/20 /a) j pt Page 10 of 12 Exhibit "B", Attached to Temporary Construction Easement N NO. | BEARING LENGTH 1 N 84°11'05" W 358.89! L2 | S 05°52'02" W 10.00' L3_ | N 84°11'05" W 31.94! L4 | N05°42'59" E 10,00' L5 | S84°11'05"E 31.96' Not to Scale ee W Meeker Bivq POB y Ls \ m POC ! Le — a L3 D24098-TCE2 D24098 RECREATION CENTERS OF SUN CITY WEST 232-15-933 Tract "J", Sun City West, Unit 22 John & Nancy Brown Living Trust 232-15-254 D24098-TCE2 Area: 319 square feet or 0.0073 acres Total Req'd. Area: 319 square feet or 0.0073 acres 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MEEKER BOULEVARD AT GRANITE VALLEY DRIVE PROJECT No. TT0602 | ITEM No. D24098-TCE2 DATE 04/07/2021 RW S.0. Tech K.H. Page 11 of 12 Exhibit "B", Attached to Temporary Construction Easement D24098- Rais DP4 00s) REGREATIGN@CENTERS OF PMG fo Bren SUN CITRWEST wen ye EIN Browe 939-15-433 feng Lust ne, ee ER ie Tract ¥”, Sun City West, Unit 22 Pons D24098-TCE2 Area: 319 square feet or 0.0073 acres Total Req'd. Area: 319 square feet or 0.0073 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION APN 232-15-933 MEEKER BOULEVAR GRANITE VALLEY DRIVE