D. D23636 - CANCELLATION OF ESCROW AND AGREEMENT.PDF

DocuSign Envelope ID: F8BA928B-6CE0-4381-AD8C-DE712538FE3C

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: September 24, 2021

Re: Cancellation of Escrow and Agreement
TT0583 20" Street (Cloud Road to Tamar Road)
D23636, Parcel: 211-20-056X & 211-56-056Y
Charles D. & Marilyne S. Cunningham

On May 13, 2020 Charles D. & Marilyne S. Cunningham accepted
Maricopa County’s offer to purchase a portion of their property needed for
this project. The Purchase Agreement was fully executed on May 20, 2020
and escrow was opened with Security Title Agency, Inc. Because we are
purchasing a portion of their property, we need a partial release from the
owner’s lender. The lender’s requirements to provide the partial release
are difficult, costly and not needed in a court of law. Therefore, in order to
proceed, we are cancelling the escrow with Security Title Agency and
proceeding through condemnation. Mr. and Mrs. Cunningham are in
support of this.

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.

proved by:

uSigned by:

A
Kimberly, Komero
REESASBEF 26416

Kimberly Romero, Real Property Manager

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

T E 3 E >
1TLE AGENCY Fax: (602) 926-0452

MUTUAL CANCELLATION INSTRUCTIONS

September 14, 2021
Escrow Number: 15180244-015-JB6

Property Address: 37922 & 37908 N 20th St, Phoenix, AZ 85086
211-20-056X, 056Y
Portion of Section 27, Township 6N, Range 3E / APN 211-20-056X, 056Y

Seller: Charles D Cunningham and Marilyne S Cunningham, Husband and Wife

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

Chu £2 bere,
By: Charles D ‘unningham

Marilyne S Cunhingham

E1000038 rev. 10/14/13

SED

fe LY
Let

0 -06°AO* S14" 7- OO
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions

‘Title Company Security ‘Title Agency Date April 28, 2020

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

City Phoenix, AZ 85016 Fax

Escrow Officer Jason Bryant Email jbryant@securitytitleccom

Escrow No. 15180244-015

Grantor: Charles D, Cunningham and Marilyne S. Cunningham, Husband and Wife Phone: | 623-465-0624

Contact . Phone: | 480-388-2482
mrclockand

Mailing Address: _| 37922.N 20% Street Email: | key@gmail.com

City, State Zip Phoenix, AZ 85286 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 | Sub- [ Charges and Disbursements to be paid from Grantor's funds as
with the ‘Title Company if escrowed, the purchase price plus all Object | follows (check all that apply):
lawful costs incidental to closing as follows: Codes
I H
Escrow Fee $696.00 [1 Total Acquisition of Grantor's Property: Full release of all
Owners Policy Fee $557.00 monetacy liens and encumbrances, and leases of any kind.
Title Repost Fee $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 cach year, Escrow Agent
Recording Fees: N/A shall withhold the prorated amounts from each party and pay
the lien of the current year's taxes in full.
|
[Xi 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 patcels within
Partial Release Fees $150.00 Maricopa County's partial acquisition, and any Certificate(s)
of Purchase, The current year's taxes shall not be prorated
regardless of ai closing date.
[1 Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges $150.00
C1 Other Disbursements: |
Sub Total $1,403.00
Land* $8,179.00 11 Possession date:
Temporary Driveway 12
Construction Easements***
(OC) $200.00 Close of escrow:
Date of recording:
Total Compensation $8,379.00
Special Conditions Right of Way Contract Yes XJ | Nol]
Exhibit "B"
‘Total Closing Costs $1,403.00 | 14 Entry Agreement Yes Nok
Total Purchase Price $8,179.00 Addendum attached hereto and made a Yes No XK
TOTAL WARRANT#* $9,582.00 part hereof

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

**Sum of "Total Closing Costs!’ and "Total Purchase Price" only.

**k Paid outside of closing

Project: 20' Street (Cloud Road to Tamar Road) PCN: _TT0583
Assessor Parcel No.: 211-20-056X and 211-20-056Y Item No _D23636
Right of Way Agent: Wayne Jones Telephone # (602) 506-4747

Dann t nf 2

C-0le-20- S [4-7-9
The GRANTOR, having executed a conveyance of certain seal property rights to the GRANTEE as described in the Exhibit(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 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 Esccow 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. Itis farther 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 seceipt of the amount shown on the closing statement as due Grantor. Hither a copy of this request or a copy of a
signed receipt is to be retained in the esccow 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 axe 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 agceed 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 Grantoz's property caused by MARICOPA.
COUNTY 's negligence, oz by the negligent acts or conduct of its agents, employees, or contractors duzing 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.

Tt is further agreed settlement is being made in lien of condernnation, and therefore not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction
with any judicial or administrative proceeding.

GRANTOR: Charles D. Cunningham and RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Matilyne S$, Cunningham, Husband and Wife
a 4 MARICOPA COUNTY DEPARTMENT: MARICOPA COUNTY BOARD OF
Phinda bd Cetdacr, Mormns OF TRANSPORTATION SUPERVISORS
Charles D. Cunningham ‘ Pi aa
Date B/13 /2.0 2O Lit ep a Pee eh Naor LT! ple /4e
4 aD p owe UN CUUT IAFL | Aw FP
han baas ttn ne Real Property Manager ~_| Chrisman of the Board
Marilyne S, Cunifingham id
Date 5/3 7 XO ATTEST: ©
Date at ny Ly
Vale AD ypLLALASAA
Approved as to form within the YVUWL Was CP OAIMAZ ME
Security Title Agency Eawerd! and authority of the Board of I Clerk of the Board of Supervisors 4
|. Supecvisoss
Accepted Date Lap ew tet fi eer? pte MAY 20 2020
ESCROW OFFICER JIDNED PN CUU MICRA
Deputy County Attorney Date Date

RES/KGR Revised 2/3/2017

Page 2 of 3

DacuSign Envelope ID: 3F22C2E8-1C3D-4F97-8CA8-5E44D0D515A2

The GRANTOR, having executed a conveyance of cextain real propesty rights to the GRANTEE as described in the Zxhfbii(s) attached hereto aad 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 es may
be suthorized for payment, and the balance thereof shall be paid in accordance with the terms herein.

Instructions to Escrow Agent: Deposit all escrowed fonds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all
agreed items; xecord such escrowed instruments as are necessary ox proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party ox parties
entitled thereto. Itis farther understood and agreed that the Title Company shall nat be xesponsible for any liens or encumbrances not of record at the closing of escrow.

‘The Right of Way Agent or MARICOPA COUNTY Real Estate Depaxtment 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 tue and correct statement of disbursement of funds collected from MARICOPA COUNTY.”

‘The Escrow Agent is to cequest the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor, Hither a copy of this request ora 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 seleases or Joan pay-offs, including endorsements, document preparation,
and other expenses celated thereto; escrow fees and other chacges 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, Esccow Agent and title insucance herein are not applicable,

Ifany element of this transaction is not handled though a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will be made direct
from the Grantee to the Grantor aftec approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and xecording 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 Jargec parcel, the considecation also includes; full and complete compensation for all injucy or damage to the Grantor's remaining lands by reason
of their severance fcom the part being acquired and the construction of the improvements in the mannec 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, ox by the negligent acts or conduct of its agents, employees, ox contractors duzing 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 further agreed 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: Charles D, Cunningham and RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:

Marilyne $. Cunningham, Husband aad Wife

an ee MARICOPA COUNTY DEPARTMENT. MARICOPA COUNTY BOARD OF
Chote fe) Cots Mle OF TRANSPORTATION SUPERVISORS
ChatlesD. Cunninghan 7 {_.. menrye
Date 47 73 £2,022 Kimberly, Konwero
a LY) p \_peraasarroness:
TNidtuvuas cerrg A- Real Propecty Manager «| Chaicman of the Board
Marilyne S, Cuningham id 5/13/2020
Date B73 7 Xe ORD ATTEST:
Date

Approved as to form within the

powers and authority of the Board of Clerk of the Board of Supervisors

Security Title Agency . Supecvisors
~——tpocusignettby:
Accepted Date 22 wa WrBtude
ESCROW OFFICER [ DAZRADORAGEARE
| Deputy County Attorney Date Date
RES/KGR Revised 2/3/2017

Page 2 of 3

>

EXHIBIT "B"
RIGHT OF WAY AGREEMENT

Parcel No.: 211-20-056-X and 211-20-056-Y
Project No.: TT0583

Project Name: 20 Street

Project Termini: (Cloud Road to Tamar Road)
Item No.; D23636 (WJ)

WHEREAS in considetation hereinafter set forth, it is agreed that this instrument contains the entice agreement between
the Grantor and Maticopa County. No further consideration is being paid than desctibed in this agreement.

THE COUNTY OF MARICOPA AGREES:

‘To use the teal property described herein for the genetal welfate and benefit of the public.

To pay the Grantors the sum of Eight Thousand One Hundted Seventy-Nine and No /100 Dollats ($8,179.00)
as payment in full for the real property desctibed hetein.

To pay the Grantors the sum of ‘I'wo Hundred and No/100 Dollars ($200.00) as payment in full for the two
‘Tempotaty Driveway Construction Easements on the property described hetein.

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

‘That no costs telating to construction of roadway imptovements on Project No. TT0583 will be charged to the
Grantor.

‘THE GRANTORS AGREE:

1. To gtant a Watranty 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 Hight Thousand One Hundred Seventy-Nine and. No/100 Dollars ($8,179.00) as payment
in full for the property described herein.

3. To accept the sum of Two Hundred and No/100 Dollars ($200.00) as payment in full for the two Temporaty
Dtiveway Construction Easements on the property desctibed herein.

4. ‘That the County, or its agents, is hereby granted the right to enter upon the remaining propetty of the Grantor for the

purpose of accomplishing "D" above.

CL MZ—

Tnitials Tnitials

Pape 3 of 3

Parcel No. 211-20-056%, 056%
Project No. TL0S83
207% STREET
(CLOUD ROAD TO TAMAR RD)
Ttem No, 023636

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

A patoel of land in the Southwost Quarter of Section Twenty Seven, Township Six North, Range ‘Three
East of the Gila and Salt River Base and Meridian, and being more particularly desctibed as follows:

Commencing at the South Quatter corner of said Section 27, being a brass cap in a handhole, from
which the Southwest corner of sdid Sectlon 27, a brass cap flush, bears North 89°58'07" West, for a
distance of 2648.58 feet, and from which the Center of said Section 27, & 1” von pipe, bears North

00°07'32" Bast, for a distance of 2638.52 feet;

thence along the midsection line of sald Séotion 27 Noith 00°07'32" Hast, for a distance of 327.79 feet
to the Point of Beginning;

thence departing sald midseotion line North 89°55'26" West, for a distance of 15,00 feet to a point on. a
ne parallel with and 15,00 feet westerly of said midsection line; :

fhence along said parallel line Noxth 00°07'32" Kast, for a distance of 330.00 feet; ;

thence departing said payallel Hing South 89°55'26" East, for a distande of 15,00 feet to a polnt‘on said
snidsection line;

thence along said midséction line South 00°07'32" West, for a distance, of 330.00 feet to the Point of
Beginning. . :

The above destrlbed patel contains 4,950 square feet ot 0.1136 acres, more of less,

; MARICOPA COUNTY
Prelim: 09/01/2019 _| Chis JA [ appr: py 72-27-2014]
Rev:

. Maricopa County Real Estate Department
GRANTOR. 7.2. WC_DATE 5-13-2640)
EXMIBIT “A”
Page 1 of 1

2
a
Q NTS,
| 211-20-464 yy) |S
ii
be
NO. [BEARING [LENGTH npaeae b
bh NOONE ene CHARLES D CUNNINGHAM / 5
2 |Nserss26e"Ww| 45.00 S|
MARILYNE S CUNNINGHAM
L3__|N00°07'32"E | 330,00! 244.20-066X Zz
[4 [8 89°5526"E | 15.00"
L518 00°07'32"W} 330.00" x
7 ai 3
Zz —T &
23636 Plow
CHARLES D CUNNINGHAM/ |]
MARILYNE S CUNNINGHAM iS
241-20-056Y &
2
\ POB
L2
2414-20147
ag
E JOY RANCH RD yageseo7y
\r SEC LN 2648.58"
ae) ~e
RBG RIG

Total Req'd. R/W Area: 4,950 square foot or 0.1136 acres

MARICOPA COUNTY REAL ESTATE DEPARTMENT

TT0583 20th Street - Cloud Road to Tamar Rd

PROJECT No, TT0883 | ITEM No, 023636 | DATE 09/01/2019 | MARIGOPA COUNTY RIW AGENT Wal.

R3E
N.T.S.
NB9°58'07"W E JOY RANCH RD
2648,58'
ZA
211-69-145
DWTCE STA 55+70.00 J KR
«oO
40°X36" gL
SETH STARKS / 360.00" NO
NIGOLLE STARKS sec
211-69-002U 10°X34' +8
340.007 “4 | 8 z
DWICE STA 54+47.00 B
3
211-69-002T s
a
Q
S
{8H
aN a
CY,
R3E

Total Reg’d. RAW Area: 700 square foot or 0.0161 acres

MARICOPA COUNTY REAL ESTATE DEPARTMENT

TT0583 20th Street - Cloud Road to Tamar Rd

PROJECT No. TT0583 | ITEM No. D23644 | DATE 09/01/2019 | MARICOPA COUNTY RIW AGENT W.J.

Total Req'd. R/W Area: 700 square foot or 0.0161 acres

MARICOPA COUNTY REAL ESTATE DEPARTMENT

TT0583 20th Street - Cloud Road to Tamar Rd

PROJECT No. TT0583 | ITEM No. D23644 | DATE 09/01/2019 | MARICOPA COUNTY RW AGENT W.J.