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4722 N. 24th St. Ste. 200
S Phoenix, AZ 85016
SECURITY Phone: (602) 230-6271
T AG
1TLE GENCY Fax: (602) 926-0452
MUTUAL CANCELLATION INSTRUCTIONS
September 13, 2021
Escrow Number: 15180251-015-JB6
Property Address: 37608 N 20th St, Phoenix, AZ 85086
211-69-145
Portion of Section 34, Township 6N, Range 3E / APN 211-69-145
Seller: Matthew J Chapman and Heidi E Chapman
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: Matthew J Chapman
Its:
Heidi E Chapman
E1000038 rev. 10/14/13
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 14, 2021
Re: Cancellation of Escrow and Agreement
TT0583 20" Street (Cloud Road to Tamar Road)
D23643, Parcel: 211-69-145, Matthew & Heidi Chapman
On May 8, 2020 Matthew and Heidi Chapman 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. Chapman 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. Chapman
for the Board of Supervisors approval and signature.
Approved by:
eal Property Manager
C-0le- 2O- & I4-7]-v0
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency Date 4/30/20
Address 4722 N. 24% St. Ste 200 Phone 602-230-6297
City Phoenix, Arizona 85016 Fax
Escrow Officer Jason Bryant Email jbryant@securitytitle.com
Escrow No. 15180251-015
Grantor: Matthew J. & Heidi E. Chapman, husband and wife Phone: | 602-373-4480
Contact Matthew Chapman Phone:
Mailing Address: _| 37608 N. 20" St. Email hec381053143@aol.com
City, State Zip Phoenix, AZ _ 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 Charges and Disbursements to be paid from Grantor's funds as follows
with the Title Company if escrowed, the purchase price plus all lawful (check all that apply):
costs incidental to closing as follows: : :
Escrow Fees TBD []_ Total Acquisition of Grantor's Property: Pull release of all
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 Bd 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 Certificate(s)
S.R.V.W.U.A. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
l
[J Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
LJ Other Disbursements: |
Sub Total TBD
Title Report Credit
Land* $13,644.00 Possession date:
Driveway Temporary
Construction Easement ***
(POC) $100.00 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes KX] | No[]
Exhibit "B"
Total Closing Costs TBD Entry Agreement Yes] | Nok
Total Purchase Price $13,744.00 Addendum attached hereto and made a Yes] | No
TOTAL WARRANT** TBD pact 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: 20t St, Cloud Rd — Tamar Rd PCN: | TT0583
Assessor Parcel No.: 211-69-145 Item No | D23643
Right of Way Agent: Wayne Jones Telephone # | 602-506-4747
ae
Page 1 of 3
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, 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 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. 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.
Tf 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 COUNTY '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.
ip ic me 2 ieee RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
. Chapmap, husband pad rife
Pd 22 AC MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
“ef OF TRANSPORTATION SUPERVISORS Z
Matthew J. Chapman Lp Lil 1 L
Date, & LAY LFC_
Wiens (yf sy C a7
CAUDWUL Anata Real Property Manager Chairman of the Board
Heidi E,,Chapman
Date:_t|Y\ZOZO ATTEST: ba. a
Date YH LA
Security Title Agency Approved as to form within the {| 2 ; Z A v ¢ Lely {
F q
ace and authority of the Board of Clerk of the Board of Supervisors rd
Supervisors
es a such a) ate MAY 20 2020
ESCROW OFFICER \
Deputy County Attorney Date Date
RES/KGR Revised 2/3/2017
v
Page 2 of 3
DacuSign Envelope ID: 4CBCE9CC-79CE-4DCB-887F-C86E40463D07
The GRANTOR, having executed a conveyance of cettain ceal property rights to the GRANTEE as described in the Exhibit(s) attached hereto and made
a pact heceof, and having delivered same to the above Title Company as Escrow Agent, said agent js directed to deliver said conveyance to MARICOPA
COUNTY, title to said property to be teansferred upon execation of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS.
‘The Esccow 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.
Insteuctions 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 esccowed instruments 1s 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 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 cestification signed
by an authorized officer: “This is to certify this is a tcue 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 or a copy of a
signed receipt is to be xetained in the escrow file.
Maxicopa 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 deliveced 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 pactial 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 teem 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 therefore not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction
with any judicial or administrative proceeding,
GRANTOR: Matthew J. Chapman and Heidi RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
E. Chapmag, husbgnd and yife
BPR) ff, Ag — :
"By poad MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
adil OF TRANSPORTATION SUPERVISORS
Matthew J. Chapman (_ Decusigned By:
Date: Kimberly, Komero
Wes ff acesasoreze
OMA Z AY WOT Real Property Manager Chairman of the Board
Heidi B.. Chapman 5/12/2020
Date (7 YA\7OZO ATTEST:
Date
Security Title Agency Approved as to form within the
powers and authotity of the Board of Clerk of the Board of Supervisors
Supervisors
a LS
Accepted Jd a Get HeBtule 5/12/2020
ESCROW OFFICER
Neon 981
Deputy County Attorney Date Date
RES/KGR Revised 2/3/2017
\\
Pane 9 nf 9
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 211-69-145
Project No.: TT0583
Project Name: 20% St; Cloud Rd —'Tamar Rd
Item No.: D23643 (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 teal property described herein for the genetal welfare and benefit of the public.
B. To pay the Grantots the sum of Thirteen Thousand Six Hundted Forty Four and No/100 Dollats ($13,644.00)
as payment in full for the real property described herein.
C. To pay the Grantors the sum of One Hundred and No/100 Dollars ($100.00) as payment in full for the Driveway
Temporaty Construction Easement on the property described herein.
D. That, if in the opinion of the Transportation Director it becomes necessaty, 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.
E. That no costs relating to construction of roadway improvements on Project No. TI0583 will be charged to the
Grantor.
THE GRANTORS AGREE:
1. To grant a Warranty Deed for 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 Thirteen Thousand Six Hundted Forty Fout and No/100 Dollats ($13,644.00) as payment
in full for the property described herein.
3. To accept the sum of One Hundted and No/100 Dollats ($100.00) as payment in full for the Driveway Temporaty
Construction Easement on the propetty described herein.
4, That the County, ot its agents, is hereby granted the tight to enter upon the remaining property of the Grantor for the
putpose of accomplishing "D” above.
(le
Initials Initials
Page 3 of 3
Parcel No. 211-69-145
Project No. TT0583
20! STREET
(CLOUD ROAD TO TAMAR RD)
Item No. D23643
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
A parcel of land in the Northwest 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 North Quarter corner of said Section 34, being a brass cap in a handhole, from
which the Northwest corner of said Section 34, 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 34, a 3/4” forming pin, bears South
00°03'44" West, for a distance of 2643.87 feet;
thence along the midsection line of said Section 34 South 00°03'44" West, for a distance of 330.76 feet -
to the Point of Beginning;
thence continuing along said midsection line South 00°03'44" West, for a distance of 330.21 feet;
thence departing said midsection line North 89°56'47" West, for a distance of 20.00 feet to a point on a
line parallel with and 20.00 feet westerly of said midsection line;
thence along said parallel line North 00°03'44" East, for a distance of 330.22 feet;
thence departing said parallel line South 89°54'35" East, for a distance of 20.00 feet to the Point of
Beginning.
The above described parcel contains 6,604 square feet or 0.1516 acres, more or less.
MARICOPA COUNTY
Prelim: 09/01/2019 | Chk JA | Appr: } 12-27-24
Rev:
Maricopa County Real Estate Departmen
4h.
GRANTOR, DATE 5797 dado
EXHIBIT “A”
Page J of
e
R3G
N89°58'07"W SEC LN NTS,
2648.58" E JOY RANCH RD
aA
211-69-132B |
MATTHEW J CHAPMAN / | R
HEIDI E CHAPMAN | %
211-69-145 | S 5
11: =
+a
J |82
DWTCE STA 56+84.00 3
10'X48'
480.00!
211-69-002U S
{6H o
Q
R3 a
Total Req'd. R/W Area: 480 square foot or 0.0110 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT
TT0583 20th Street - Cloud Road to Tamar Rd
DATE 09/01/2019 | MARICOPA COUNTY RIW AGENT W.J.
PROJECT No. TT0583 | ITEM No. D23643
N.T.S.
Total Req'd. R/W Area: 480 square foot or 0.0110 acres
MARICOPA COUNTY REAL ESTATE DEPARTMENT
TT0583 20th Street - Cloud Road to Tamar Rd
PROJECT No. TT0583 | ITEM No. D23643 | DATE 09/01/2019 | MARICOPA COUNTY RW AGENT W.J.