A. D23657 - CANCELLATION OF ESCROW AND AGREEMENT.PDF

Maricopa County

Real Estate Department

Memo

To: Maricopa County Board of Supervisors

From: Wayne Jones, Senior Right of Way Agent
Maricopa County Real Estate Department

Date: October 20, 2021

Re: Cancellation of Escrow and Agreement
TT0583 20" Street (Cloud Road to Tamar Road)
D23657, Parcel: 211-69-052B
Jonathan Nance and Michelle Nance

On June 26, 2020 Jonathan Nance and Michelle Nance accepted Maricopa
County’s offer to purchase the underlying fee within the existing 50-foot
patent easement area. The Purchase Agreement was fully executed, and
escrow was opened with Security Title Agency, Inc. Due to the owner's
lenders unreasonable requirements for the needed partial release the
owners are in support of the decision to cancel the agreement and escrow.
Mr. and Mrs. Nance are supportive of the project and understand the project
will continue to move forward as Maricopa County has the rights needed via
the existing 50-foot patent easement and that their participation was
voluntary.

Attached is a copy of the fully executed purchase agreement for reference

and the Mutual Cancellation Agreement signed by Mr. and Mrs. Cunningham
for the Board of Supervisors approval and signature.

Kimberly Romero/ Real Property Manager

4722 N. 24th St. Ste. 200

T Phoenix, AZ 85016
E Phone: (602) 230-6271
Titre AGEncy Fax: (602) 926-0452

MUTUAL CANCELLATION INSTRUCTIONS

October 11, 2021
Escrow Number: 15180270-015-JB6

Property Address; 2007 E CARRIAGE DR, Phoenix, AZ 85086
211-69-052B
Portion of Section 34, Township 6N, Range 3E APN 211-69-052B

Seller: Jonathan Nance and Michelle Nance
Buyer: Maricopa County, a political subdivision of the State of Arizona
IT IS MUTUALLY AGREED BY AND BETWEEN THE UNDERSIGNED to cancel the above referenced escrow. By the

signing of these mutual instructions, the undersigned relieve each other and Security Title Agency, Inc. from any obligations
and liability created under the original Escrow Instructions and/or purchase contract.

BUYER: SELLERS:
Maricopa County, a political subdivision of the State

of Arizona

By: Jonafhan Nance
Its:

Tictile Pivee

Michelle Nance if

E1000038 rev. 10/14/13

C-7B-A- 001- KOU E
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions

‘Title Company Security Title Agency Date May 22, 2020

Address 4722.N 24t Street, Ste. 200 Phone 602-230-6297

City Phoenix, AZ 85016 Fax

Escrow Officer Jason Bryant Email jbryant@securitytitle.com

Escrow No. 15180270-015

Jonathan Nance and Michelle Nance, husband and wife, as community property with

Grantor: right of survivorship Phone:

Contact Jonathan and Michelle Nance Phone: | 360-607-8731

Mailing Address: | 2007 East Carriage Drive Email Jsnance54@yahoo.com
City, State Zip Phoenix, Arizona 85086 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 deposit
with the Title Company if escrowed, the purchase price plus all lawful
costs incidental to closing as follows:

Charges and Disbursements to be paid from Grantor's funds as follows
(check all that apply):

I I
[1 Total Acquisition of Grantor's Property: Full release of all

Escrow Fees TBD
Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind.
Pay in full all due and delinquent real property taxes and
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
Deed the lien of the current year's taxes in full.
Easement |
Mortgage Release D1 Partial Acquisition of Grantor's Property: Partial release of all

Release of Lease

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 Cextificate(s)
S.R.V.W.ULA. of Purchase. The current year's taxes shall not be prorated

Taxes - Prorated

repardless of the closing date.

[1 Easement(s): Consent to easement(s) by secured party(ies).

Total Other Charges TBD
LI Other Disbursements: _ |
Sub Total
Title Report Credit
Land* $4,060.00 Possession date:

Temporary Driveway
Construction Easement***

(@Oc) $100.00 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes No[]
Exhibit "B"
Total Closing Costs TBD Entry Agreement Yes L] | No
Total Purchase Price $4,160.00 Addendum attached hereto and made a Yes [] | No
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.

#** Paid outside of closing (POC).

Project: 20' Street (Cloud Road to Tamar Road) PCN: _‘TT0583
Assessor Parcel No.: 211-69-052B Item No _D23657
Right of Way Agent: Wayne Jones Telephone # (602) 506-4747

Page 1 of 3

C- 18 Aje 00|- Yoo

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.
COUNTLY, 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, Decd 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 ageecd 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.

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.

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 COUNTTY's temporary occupancy of the
property. All claims shall be submitted in accordance with the requirements of ARS 12-821.

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.

GRANTORS: Jonathan Nance and Michelle
Nance, husband and wife, as community RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
property with right of survivorship
A 14 N MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
hare pad = OF TRANSPORTATION SUPERVISORS
Jonathdn Nance_ Cipyen th POUNTERP ART 434) VA
Dat: ()- 26: 2O ott aee Y Li TS#,
Aa i 4 a LAE LF
KL pple Flarer Real Property Manager ‘Chairman of the Board
Michelle Nance
Date (p- R- RC ATTEST: c
Date A N\. a)
(Aad tiled —
Approved as to form within the HA.
Security Title Agency SNcaaons authority of the Board of Clerk of the Board of Supervisors 919-220
TGNED
Accepted pate § IN COUNTERPART JUL 28 2020
ESCROW OFFICER
Deputy County Attorney _ Date Date

RES/KGR Revised 2/3/2017

Page 2 of 3

DocuSign Envelope ID: DB5C14B7-1 5EE-4457-8BB0-6505BFC03A62
‘ d «
C- 18 -aJ- 00] -y- 0

The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) attached hercto and made
a pact 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, leaschold 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 esccowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; porate all
agcced items; record such escrowed instruments as are necessary oc peoper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties
entitled thereto. It is fucther 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 esccow. 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 clement of this teansaction 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 fom 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 theic severance from the part being acquired and the construction of the improvements in the manner proposed by MARICOPA COUNTY.

MARICOPA COUNTY shall be sesponsible to the extent that damage occurs out of MARICOPA COUNT'Y'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.

Itis farther agreed settlement is being made in lieu of condemnation, and thecefore not admissible as evidence of value, nox for any other evidentiary purpose, in conjunction
with any judicial or administrative proceeding,

GRANTORS: Jonathan Nance and Michelle
Nance, husband and wife, as community RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:

property with right of survivorship

4 je MA MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
Lat EOL OF TRANSPORTATION SUPERVISORS
Jonathdn Nance (availa SiGNED 1h COUNTERPART
Date (y- 26%: 2O Kimbaly, Komero pin
A. fy 4, ¥ S
KL VM Ole? —! Lael Real Property Manager Chairman of the Board
Michelle Nance 7/2/2020
Date (9- Qf 2re ATTEST:
Date N Ya Lh
Approved as to form within the ( VELM
7 7
Security Title Agency ane authority of the Board of | 7 Clerk of the Board of Supervisors
. PovUSTaTET Ty’ SIGNED TN COUNTERPART
Accepted Date (cpt YuBude 7/6/2020
ESCROW OFFICER (
Deputy County Attorney Date Date

RES/KGR Revised 2/3/2017

Page 2 of 3

o>

EXHIBIT "B"
RIGHT OF WAY AGREEMENT

Parcel No.: 211-69-052B

Project No.: TT0583

Project Name: 20% Street

Project Termini: (Cloud Road to Tamat Road)
Item No.: D23657 (WJ)

WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between
the Grantot and Maricopa County. No further consideration is being paid than described in this agreement.

THE COUNTY OF MARICOPA AGREES:

To use the teal property described herein for the general welfare and benefit of the public.

To pay the Grantors the sum of Four Thousand One Hundted Sixty No /100 Dollars ($4,160.00) as payment in
full for the real propetty described herein.

To pay the Grantors the sum of One Hundred and No/100 Dollats ($100.00) as payment in full for the Tempotaty
Driveway Construction Easement on the property desctibed herein. (paid outside of closing)

That, if in the opinion of the Transportation Director it becomes necessary, private structures will be relocated in kind
to the Grantor’s property, clear of the property desctibed herein, at no expense to the Grantor except as may be
hetein otherwise agreed.

That no costs relating to construction of roadway improvements on Project No. TT0583 will be charged to the
Grantor.

THE GRANTORS AGREE:

1. To grant a Wattanty Deed fot the teal property described in Exhibit "A" to the County of Maricopa for the general
welfare and benefit of the public.

2. To accept the sum of Four Thousand One Hundred Sixty No/100 Dollars ($4,160.00) as payment in full for the
ptoperty described herein.

3. To accept the sum of One Hundted and No/100 Dollars ($100.00) as payment in full for the Temporary Driveway
Construction Easement on the property described herein. (paid outside of closing)

4, That the County, ot 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 3

Parcel No. 211-69-052B
Project No. TT0583
20™ STREET
(CLOUD ROAD TO TAMAR RD)
Item No, D23657

EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY

A parcel of land in the Southeast Quarter of Section Thirty-Four, Township Six North, Range Three
East of the Gila and Salt River Base and Meridian, and being more particularly described as follows:

Commencing at the South Quarter corner of said Section 34, being a brass cap in a handhole, from
which the Southeast corner of said Section 34, a brass cap in a handhole, bears South 89°53'54" East,
for a distance of 2650.63 feet, and from which the Center of said Section 34, a 3/4” forming pin, bears
North 00°03'40" East, for a distance of 2605.93 feet;

thence along the midsection line of said Section 34 North 00°03'40" East, for a distance of 957.91 feet
to the Point of Beginning;

thence continuing along said midsection line North 00°03'40" East, for a distance of 329.61 feet;
thence departing said midsection line South 89°53'45" East, for a distance of 60.00 feet to a point on a
line parallel with and 60.00 feet easterly of said midsection line;

thence along said parallel line South 00°03'40" West, for a distance of 50.00 feet;

thence departing said parallel line North 89°53'45" West, for a distance of 10.00 feet to a point on n line
parallel with and 50.00 easterly of said midsection line;

thence along said parallel line South 00°03'40" West, for a distance of 279.61 feet;

thence departing said parallel line North 89°53'59" West, for a distance of 50.00 feet to the Point of
Beginning. ,

The above described parcel contains 16,980 square feet or 0.3898 acres, more or less.

MARICOPA COUNTY

Prelim: 09/01/2019 | Chk:JA_, | Appr: LV /2-27-204

Rev:

Maricopa County Real Estate Department

GRANTORZ4 Nh DATE G- 26-20
EXHIBIT “A”
Page | of |

16

Zo R3¢
NTS. | 211-69-051
&
&
ire}
8
N CARRIAGE DR (ALIGNMENT)
w {_L3
S
8 Si
NO. [BEARING [LENGTH 8
sOa'qgF 7 oOo L5
LT |NOOOS40"E | 5797} fF
L2  |N00°03'40"E | 329.61' -
[3 |S 80%346"E | 60.00" S
L4__|soor03s40"w] 50.00] > ko
L5_|Nasess'45"w| 10.00" Ao
Lé _|soovos4o"w| 279.61"
L7__[N89°53'59"W| 50.00" 3 | JONATHAN NANCE!
a | MICHELLE NANCE
i
a 211-69-052B
Q
s
L7
POB
211-69-054D
ia
aS
R3B8E
$89°53'54°E
SEC LN 2650.63"

E CLOUD RD

Total Req'd. R/W Area: 16,980 square foot or 0.3898 acres

MARICOPA COUNTY REAL ESTATE DEPARTMENT

TT0583 20th Street - Cloud Road to Tamar Rd

PROJECT No. TT0583

ITEM No. D23657

DATE 09/01/2019

MARICOPA COUNTY

RIW AGENT W.J.

211-69-051

[

CARRIAGE DR (ALIGNMENT)

N.T.S.

N00°03'40"E 2605.93"
N 20TH ST

40'X60'
Hs

DWTCE STA

21+84.50

JONATHAN NANCE/
MICHELLE NANCE
| 211-69-0528

\ MID SEC LN

\

211-69-054D

S89°53'54"E

SEC LN

2650,63'

E CLOUD RD

Total Req'd. R/W Area: 16,980 square foot or 0.3898 acres

MARICOPA COUNTY REAL ESTATE DEPARTMENT

TT0583 20th Street - Cloud Road to Tamar Rd

PROJECT No. TT0583

ITEM No, D23657

DATE 09/01/2019

MARICOPA COUNTY

RW AGENT W.J.