B. D24236 - 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 25, 2021

Re: Cancellation of Escrow and Agreement
TT0612 University Drive (Higley Rd to Power Rd)
D24236, Parcel: 141-61-016
Peter and Alie Neufeld

On August 23, 2021 Peter and Alie Neufeld accepted Maricopa County’s
offer to purchase a portion of their property needed for this project. The
Purchase Agreement was fully executed on October 12, 2021 and escrow
was opened with Security Title Agency, Inc. Mr. and Mrs. Neufeld sold the
property to new owners and it closed on September 29, 2021. Therefore,
Maricopa County Real Estate Department (MCRED) is cancelling escrow
as the ownership has changed. MCRED will make a new offer to the new
owners.

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

and the Mutual Cancellation Agreement to be signed in counterpart by Mr.
and Mrs. Neufeld for the Board of Supervisors approval and signature.

Kimberly oe ro, ee Manager

4722 N. 24th St. Ste. 200
S l Phoenix, AZ 85016
SECURITY Phone: (602) 230-6271

TitTLe AGENCY Fax: (602) 926-0452

MUTUAL CANCELLATION INSTRUCTIONS
October 25, 2021
Escrow Number: 15210466-015-JB6

Property Address: 6357 E University Dr, Mesa, AZ 85205

141-61-016
Portion of Lot 217, of VELDA ROSE ESTATES EAST, Map Book 123, Map Page 47 / APN 141-
61-016

Seller: Peter Neufeld and Alie Nuefeld

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
Signed in Counterpart
By: Peter Neufeld
Its:

Signed in Counterpart

Alie Nuefeld

E1000038 rev. 10/14/13

SED

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions

‘Title Company Security ‘Title Agency, Inc Date August 16, 2021

Address 4722. N 24 Street, Suite 200 Phone 602-230-6271

City Phoenix, AZ85016 Fax 602-926-0452,
JBRYANT@SECURITY

Escrow Officer Jason Bryant Email TITLE.COM

Escrow No. 15210466-015-JB6-SW

Peter Neufeld and Alie Neufeld, husband and wife, as community property with right of

Grantor: Survivorship Phone: | 480-854-8926

Contact Peter Neufeld and Alie Neufeld Phone:
Dreamweaver1956@out

Mailing Address:_| 6357 E University Drive Email look.com.

City, State Zip Mesa, AZ 85205 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 I
Escrow Fees $696.00 [1 Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees $557.00 monetary liens and encumbrances, and leases of any kind.
Title Repost $750.00 Pay in full all due and delinquent real property taxes and
Title Report Credit ($750.00) general and special improvement assessments. Prorate the
Total Escrow & Title Fees $1,253.00 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 N/A the lien of the current year's taxes in full. I
|
K__ 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 N/A 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]_Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges N/A
LJ Other Disbursements: |
Sub Total $1,253.00
Land* $731.00 1
Improvements* $196.00 10 Possession date:
Temporary Construction 12
Easement*** $111.00 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes Nol]
Total Compensation $1,040.00 | (rounded) Exhibit "B"
Total Escrow & Title Costs $1,253.00 14 Entry Agreement Yes [] | No
Total Purchase Price $1,040.00 Addendum attached hereto and made a Yes [_] | No
TOTAL WARRANT** 2,180.00 part hereof

*Escrow and title policy fees based on this amount only.

**Sum of "Total Closing Costs" and "Total Purchase Price" only,

xt P.O,C Paid outside of closing

Project: University Drive ADA Improvement Project PCN: | TT06012
Assessor Parcel No.: 141-61-016 Item No | D24236
Right of Way Agent: Wayne Jones Telephone # | 602-506-4747

Page 1 of 3

C-1B 22-122 CO

The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Hxbibit(s) attached hereto 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 rusts, 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 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 ace 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 ageeed 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 teue and corcect statement of disbursement of funds collected from MARICOPA COUNTY.”

‘The Esccow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Bither 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, Esccow 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 pactial acquisition from a larger parcel, the consideration also includes; fall and complete compensation for all injury or damage to the Grantor’s remaining lands by ceason
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 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 ARS. § 38-511.

It is furthec agceed 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:

Peter Neufeld and Alie Neufeld, husband and
wife, as community property with right of

Survivorship
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
“Pte kau dokd OF TRANSPORTATION SUPERVISORS
Peter Neufeld ? Clouen ina 2 yi
Date__@- 43 -22/f OTUNED TN GOUNTERPART A ay. LE

Date

ro rei pan
CANT" OVO TeV A Real Property Manager Chaighan of the Board
Alie Neufeld _
Date_&/72>/a4 ATTEST:
7 7 Date

Approved as to form within the \ Nudd {U4
powers and authority of the Board of cist of the Board of subdevisors
Supervisors :

Accepted SIGHED IN COUNTERPART

get 12-2024

ESCROW OFFICER,

Deputy County Attorney Date

Date Toou2t

RES/KGR Revised 2/3/2017

Page 2 of 9

DocuSign Envelope ID: 0E2F1BE3-2FA2-4BED-BB21-1495438B9B16

‘The GRANTOR, having executed a conveyance of certain real property cights to the GRANTEE as described in the Hxh/bit(s) attached hereto and made
a part hereof, and having delivered same to the above Title Company ns Esccow Agent, said agent is dicected 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 ficst apply the purchase price on deposit to satisfy such taxes, Deed of ‘rusts, lenschold 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. i

Instructions to Esccow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; promte all |
agcecd items; record such esccowed instcuments ns are necessary or proper in the issuance of title insucance; and pay the balance of the escrowed funds to the party or pacties |
entitled theceto. It is further understood and ageced that the Title Company shall not be responsible for any liens or encumbrances not of record nt 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 reccipt is to be retained in the escrow file.

Macicopa County will pay the costs of the owner's title insurance policy; fees associated with lender sclenses 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/ot title insucance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not applicable.

1€any clement 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 |
fom the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and cecording of the

documents,

Itis understood nnd agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquiced, 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 tands 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 responsible to the extent that damage occucs out of MARICOPA COUNT 's occupation of the Grantor's property caused by MARICOPA |
COUNTY 's negligence, or by the negligent acts or conduct of its agents, employces, or contractors ducing the teem of MARICOPA COUNTY ’s temporary occupancy of the :
property. All claims shall be submitted in accordance with the sequicements of ARS 12-821. |

‘This Agceement is subject to cancelation pursuant to A.R.S. § 38-511.

It is further ageeed settlement is being made in lieu of condemnation, and thecefore 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:
Peter Neufeld and Alice Neufeld, husband and
wife, as community property with right of
Survivorship
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
Pty Laka dokd OF TRANSPQRTATION SUPERVISORS
Date. Se LF. Af RNemteilag, Komevo hd
Iwan of hoy \ BEESASBFE2BG416.
CARTE OV Aa YA Real Property Manager Chairman of the Board
Alie Neufeld, MANY 8/27/2021 —_—_
Date_ 8/72 /a ATTEST:
Date
Approved as to form within the
powers and authority of the Board of Clerk of the Boacd of Supervisors
SuperdiCtihed ny: STONED TH EO
Accepted Date Gp Brute 8/27/2021 UNTERPART
ESCROW OFFICER \ spozegpoRscrage,
Deputy County Attorney Date. Date

==

RES/KGR Revised 2/3/2017

Page 2 of 9

EXHIBIT "B"
RIGHT OF WAY AGREEMENT

Parcel No.: 141-61-016

Project No.: TT0612

Project Name: University Drive ADA Improvement Project
Project Termini: (Higley Rd to Power Rd)

Item No.: D24236 (WJ)

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

B. To pay the Grantors the sum of Seven Hundred Thirty-One and No/100 Dollars ($731.00) as payment in full for
the real property described herein.

C. To pay the Grantors the sum of One Hundted Ninety-Six and No/100 Dollats ($196.00) as payment in full for
the improvements located on the property described herein and broken out as follows:

1-small boulder/rock (30-50 pounds) =$ 6.00
2-Tons of landscape gtavel @ $45.00/ton =$ 90.00
Delivery of boulder/rock and landscape gravel =$100.00
Site Improvements Total =$196.00

D. To pay the Grantors the sum of One Hundred Eleven and No/100 Dollars ($111.00) as payment in full for the
Temporary Construction Easement on the property described herein.

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

F, That no costs relating to construction of roadway improvements on Project No. TT0612 will be charged to the
Grantor.

THE GRANTORS AGREE:

1. To grant a Warranty Deed for the real property desctibed in Exhibit "A" to the County of Maricopa for the general
welfare and benefit of the public.

2. To accept the sum of Seven Hundred Thitty-One and No/100 Dollats ($731.00) as payment in full for the
ptoperty described herein.

3. To accept the sum of One Hundted Ninety-Six and No/100 Dollats ($196.00) as payment in full for the
improvements located on the property described herein and broken out as follows:

1-small boulder/rock (30-50 pounds) =$ 6.00
2-Tons of landscape gravel @ $45.00/ton =$ 90.00
Delivery of boulder/rock and landscape gravel =$100.00
Site Improvements Total =$196.00

4. To accept the sum of One Hundred Eleven and No/100 Dollars ($111.00) as payment in full for the Temporary
Consttuction Easement on the property described herein.

5. 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 "E" above.

Page 3 of 9

Exhibit “A”
Attached to Fee Simple Right of Way
Parcel No. 141-61-016
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24236-FEE

LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY

A parcel of land in Section 24, Township 1 North, Range 6 East of the Gila and Salt River Base and
Meridian, and being more particularly described as follows:

Commencing at the Northwest corner of Lot 217 of Velda Rose Estates East, recorded in Book 123 of
Maps, Page 47, Maricopa County Records;

Thence, along the North line of said Lot 217 and the South line of University Drive, North 89°45'58"
East, for a distance of 80.12 feet to the Point of Beginning; said point being the beginning of tangent
curve concave to the southwest having a radius of 15.00 feet;

thence southeasterly along the arc of said curve through a central angle of 90°23'54", for an are

distance of 23.67 feet;
thence North 45°02'05" West, for a distance of 21.29 feet to the North line of said Lot 217 and the

Point of Beginning.

The above described parcel contains 65 square feet or 0.0015 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 01/20/2021. HP__| Chk: | Appr: AWG 2/16/2021
Rev:

Maricopa County Real Estate Department

GRANTOR (/ i DATE_ 8~ 23-2/
Page | of | Page 4 of _9

Exhibit "B", Attached to Fee Simple Right of Way N

E University Drive

Not to Scale
NO. | RADIUS DELTA | LENGTH | TANGENT
C1 15.00' | 90°23'54" | 23.67! 15.10'
NO. BEARING LENGTH
Li N_89°45'58" E 80.12"
L2 | N45°02'05"W ]| _21.29'
POC POB
EXIST RW _ lt \
Qo,
<
D24236-FEE
D24236
NEUFELD PETER/ALIE
141-61-016
VELDA ROSE ESTATES EAST
MCR 123-47 |
LOT 217

D24236-FEE Area: 65 square feet or 0.0015 acres
Total Req'd. Area: 65 square feet or 0.0015 acres 4 of 1

MARICOPA GOUNTY DEPARTMENT OF TRANSPORTATION

APN 141-61-016 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No, D24236-FEE DATE 01/12/2021 RW W.J. Tech HP Page 5 of 9

Exhibit "B", Attached to Fee Simple Right of Way

PO!

D24236 Afed: 65 K@)
Total Req'd. Area: 65 square feet or 0.0015 acres

MARICOPA GOUNTY DEPARTMENT OF TRANSPORTATION

APN 141-61-016 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No, D24236-FEE

DATE 01/12/2021

RW W.J. Tech HP

Page 6 of 9

Exhibit “A”
Attached to Temporary Construction Easement
Parcel No. 141-61-016
Project No. TT0612
UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD
Item No. D24236-TCE

LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT

A parcel of land in Section 24, Township 1 North, Range 6 East of the Gila and Salt River Base and
Meridian, and being more particularly described as follows:

Commencing at the Northwest corner of Lot 217 of Velda Rose Estates East, recorded in Book 123 of
Maps, Page 47, Maricopa County Records;

thence North 89°45'58" East, for a distance of 73.07 feet to the Point of Beginning;
thence North 89°45'58" East, for a distance of 7.05 feet;

thence South 45°02'05" East, for a distance of 21.29 feet;

thence South 00°09'52" West, for a distance of 7.05 feet;

thence North 45°02'05" West, for a distance of 31.22 feet to the Point of Beginning.

The above described parcel contains 131 square feet or 0.0030 acres, more or less, and is depicted on
the attached Exhibit “B”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 01/20/2021 HP _| Chk: | Appr: AWG 2/18/2021
Rev:

Maricopa County Real Estate Department

GRANTOR Af DATE OfA aa {

Page | of | Page 7 of _9

Exhibit "B", Attached to Temporary Construction Easement N

E University Drive

Not to Scale
NO. |__BEARING | LENGTH
L1_[N89°45'58"E | 73.07"
L2_| Ne9°45'58"E | __7.05"
L3_| $45°0205"E | 21.20"
L4_| $00°0952" Ww | _7.05"
L5_|N45°02'05" W | _31.22"
POG POB
EXIST RW iL \ L2
<3
VELDA ROSE ESTATES EAST
MGR 123-47 D24236-TCE: é5
NX _
BS
D24236
NEUFELD PETER/ALIE
141-61-016
Lot 217 |

D24236-TCE Area: 131 square feet or 0.0030 acres :
Total Req'd. Area: 131 square feet or 0.0030 acres 4 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-61-016 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No. D24236-TCE DATE 01/42/2021 RW W.J. Tech HP Page 8 of 9

Exhibit "B", Attached to Temporary Construction Easement N

gh DA BOSE ESTATI
* MCR 123-4:

: tare feet or0.0030
Total Req'd. Area: 131 square feet or 0.0030 acres 1 of 1

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

APN 141-61-016 UNIVERSITY DRIVE HIGLEY ROAD TO POWER ROAD

PROJECT No. TT0612 ITEM No. D24236-TCE DATE 01/12/2021 RW W.J. Tech HP Page 9 of 9