C. D24236 - PURCHASE AGREEMENT.PDF
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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 BRYANT@SECURITY Escrow Officer Jason Bryant Email TITLE.COM Escrow No. 15210466-015-JB6-SW Grantor: ACA Real Estate Group, LLC, an Arizina limited liability company Phone: | 602-370-5133 Contact Craig M Ahlstrom Phone: Mailing Address: _| 2233 S Springfield Blvd. Email craig@fdcaz.com City, State Zip Mesa, AZ_ 85209 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 T 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 Report $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 coca year's taxes in full. | XX 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 L]_Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges N/A (1 Other Disbursements: l Sub Total $1,253.00 Land* $731.00 abl 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 M | NoO Total Compensation $1,040.00 | (rounded) Exhibit "B" Total Escrow & Title Costs $1,253.00 14 Entry Agreement Yes] | NoX Total Purchase Price $1,040.00 Addendum attached hereto and made a Yes L] | 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. #&k 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 7 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. 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 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. Allclaims shall be submitted in accordance with the requirements of ARS 12-821. This Agreement is subject to cancelation pursuant to A.RS. § 38-511. Itis 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: ACA Real Estate Group, LLC, an Arizona limited liability company oD sj 4 MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF aig LA LVCTL- OF TRANSPORTATION SUPERVISORS Craig M Ahlstcom ; Fi 2) Datciaw/ (nas ase 78 PF MEDS MS 5 Real Property Manager Chairman of the Board ATTEST: ras Date (7 77/Z/ Approved as to form within the powers and authority of the Board of ; a Clerk of the Board of Supervisors Supervisors Accepted Date ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 7 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 Hundted 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 Hundred Ninety-Six and No /100 Dollars ($196.00) as payment in full for the improvements located on the property described herein and broken out as follows: 1-small boulder/rock (30-50 pounds) =$ 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 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 necessary, private 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 described 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 Dollars ($731.00) as payment in full for the property described herein. 3. To accept the sum of One Hundred Ninety-Six and No/100 Dollars ($196.00) as payment in full for the improvements located on the property described herein and broken out as follows: 1-small boulder/rock (30-50 pounds) =$ 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 Hundted Eleven and No/100 Dollars ($111.00) as payment in full for the Temporary Construction Easement on the property described herein. 5. 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 "E" above. Page 3 of 7 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 arc 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 2/16/2027 Rev: Maricopa County Real Estate Department GRANTOR (/)_ DATE ee Page | of | Page 4 of 7 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 L1 N.89°45'58" E 80.12' L2 N 45°02'05" W |__21.29" POC POB EXIST RW __ 1 \ QC, SY D24236-FEE D24236 NY 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 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-FEE DATE 01/12/2021 RW W.J. Tech HP Page 5 of 7 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 2/76/2021 Rev: Maricopa County Real Estate Department GRANTOR 2724 _ pate _/U ~27~- 2 Page | of | Page 6 of _7 Exhibit "B", Attached to Temporary Construction Easement N E University Drive Not to Scale NO. BEARING LENGTH uu N_89°45'58" E 73.07' L2 N_89°45'58" E 7.05" L3 S 45°02'05" E 21.29' L4 S$ 00°09'52" W 7.05' L5 N 45°02'05" W | _31.22' POC POB EXIST RW __l1_ \ L2 <3 VELDA ROSE ESTATES EAST MCR 123-47 D24236-TCE S. v1 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 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 WJ. Tech HP Page 7 of 7