PARTIALLY EXECUTED _PA TT0562.PDF
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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company N/A (In-House Recording) Date January 6, 2021 Address Phone City Fax Escrow Officer N/A Email Escrow No. N/A Flood Control District of Maricopa County, a political subdivision of the State of Grantor: Arizona Phone: | 602-506-4708 Contact Michael Fulton Michael.fulton@maricopa. Mailing Address: | 2801 West Durango Street Email gov City, State Zip Phoenix, AZ 85009 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 follows with the Title Company if escrowed, the purchase price plus all lawful | Object | (check all that apply): costs incidental to closing as follows: Code i I Title Report $750.00 [1 Total Acquisition of Grantor's Property: Full release of all Title Report Credit 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 $0.00 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 the lien of the one year's taxes in full. Dd 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 $0.00 property taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within Maricopa County's partial acquisition, and any Certificate(s) of Purchase. The current year's taxes shall not be prorated regardless of the closing date. | LX Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges $0.00 (1 Other Disbursements: [ Sub Total $0.00 Land* $16,000.00 Drainage Easement* $1,100.00 Possession date: Improvements* Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes K] | No] Total Compensation $17,100.00 Exhibit "B" Entry Agreement Yes C] | No Total Purchase Price $17,100.00 Addendum attached hereto and made a Yes] | NoX TOTAL WARRANT** $17,100.00 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: Olive Avenue (Sarival Avenue to Reems Road) PCN: | TT0562 Assessor Parcel No.: 501-48-004V Item No | D23503 Right of Way Agent: Wayne Jones Telephone # | 602-506-4747 Page 1 of 9 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. 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. ‘This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. 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. Remainder of this page left intentionally blank. Page 2 of 9 GRANTOR: Reems Road Channel and Basin FCD Parcel #: A022-006 Assessor Parcel No.: 501-48-004V ptn. FCD Permit No.; 2018P125 RECOMMENDED FOR APPROVAL: APPROVED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY SIGNED IN COUNTERPART Michael A. Fulton, Director Date Jack Sellers, Chairman of the Board Date AR’ SIGNED IN COUNTERPART ATTEST: Alex Smith, Director Date Maricopa County Real Estate Department : Clerk of the Board Date APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. SIGNED IN COUNTERPART Flood Control District General Counsel FCD QCD w Reservation Date — Page 3 of 9 \ Approved 12/10/2020 W Peck, MCAO Reems Road Channel and Basin FCD Parcel #: A022-006 Assessor Parcel No.: 501-48-004V ptn. FCD Permit No.: 2018P125 GRANTOR: RECOMMENDED FOR APPROVAL: APPROVED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY SIGNED IN COUNTERPART N Avpit S, 2621 Michael A. Fulton, Director Date Jack Sellers, Chairman of the Board Date SIGNED IN COUNTERPART ATTEST: Alex Smith, Director Date SIGNED IN COUNTERPART Maricopa County Real Estate Department Clerk of the Board Date APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. SIGNED IN COUNTERPART Flood Control District General Counsel Page 3 of 9 FCD QCD w Reservation Approved 12/10/2020 W Peck, MCAO Reems Road Channel and Basin FCD Parcel #: A022-006 Assessor Parcel No.: 501-48-004V ptn. FCD Permit No.: 2018P125 GRANTOR: RECOMMENDED FOR APPROVAL: APPROVED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY SIGNED IN COUNTERPART SIGNED IN COUNTERPART Michael A. Fulton, Director Date Jack Sellers, Chairman of the Board Date DocuSigned by: ( 8/5/2021 Ala. Swill 7 ATTEST; Alex Smith, Director Date SIGNED IN COUNTERPART Maricopa County Real Estate Department Clerk of the Board Date APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona. AA _August 4, 2021 Flood Control District General Counsel FCD QCD w Reservation Page 3 of 9 Approved 12/10/2020 W Peck, MCAO Reems Road Channel and Basin FCB Parcel #; A022-006 Assessor Parcel No.: 501-48-004V ptn. FCD Permit No.: 2018P125 RECOMMENDED FOR APPROVAL: SIGNED IN COUNTERPART SIGNED IN COUNTERPART Senior Right-of-Way Agent Real Property Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By. Chairman of the Board ATTEST: Date Clerk of the Board of Supervisor Approved as to form and within the powers and authority of the Board of Supervisors SIGNED IN COUNTERPART Deputy County Attorney Date Ml Ml Ml Ml I) I) MM MM Page 4 of 9 FCD QCD w Reservation Approved 12/10/2020 W Peck, MCAO Reems Road Channel and Basin FCB Parcel #: A022-006 Assessor Parcel No.: 501-48-004V ptn, FCD Permit No.: 2018P125 RECOMMENDED FOR APPROVAL: SIGNED IN COUNTERPART SIGNED IN COUNTERPART Senior Right-of Way Agent Real Property Manager ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: By SIGNED IN COUNTERPART Chairman of the Board ATTEST: SIGNED IN COUNTERPART Date Clerk of the Board of Supervisor Approved as to form and within the powers and authority of the Board of Supervisors DocuSigned by: D. Cpl HpBudbe 8/5/2021 Deputy County Attorney Date Ml MI /Il Ml II) MI MI MI Page 4 of 9 FCD QCD w Reservation Approved 12/10/2020 W Peck, MCAO RECOMMENDED FOR APPROVAL: bd ata Reems Road Channel and Basin FCB Parcel #; A022-006 Assessor Parcel No.: 501-48-004V ptn. FCD Permit No.: 2018P125 Senior Bhght-of WV ay Agent ACCEPTED: MARICOPA COUNTY BOARD OF SUPERVISORS: B SIGNED IN COUNTERPART Y. Chairman of the Board ATTEST: SIGNED IN COUNTERPART Date Clerk of the Board of Supervisor Approved as to form and within the powers and authority of the Board of Supervisors SIGNED IN COUNTERPART = eal wad Manager Deputy County Attorney Date MM MI Ml M/ MI) UT MM Ml Page 4 of 9 FCD QCD w Reservation Approved 12/10/2020 W Peck, MCAO EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 501-48-004V Project No.: TT0562 Project Name: Olive Avenue (Sativa Avenue to Reems Road) Item No.: D23503 (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. B. Cc. To use the real property described herein for the general welfare and benefit of the public. To pay the Grantors the sum of Sixteen Thousand and No/100 Dollars ($16,000.00) as payment in full for the real property described herein. To pay the Grantors the sum of One Thousand One Hundred and No/100 Dollats ($1,100.00) as payment in full for the Drainage Easement on the property described herein. That, if in the opinion of the Transportation Director it becomes necessary, 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. That no costs relating to construction of roadway improvements on Project No. TT0562 will be charged to the Grantor. ‘THE GRANTORS AGREE: 1. 2. 3. To grant a Quit Claim Deed for the real property described in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. To accept the sum of Sixteen Thousand and No/100 Dollars ($16,000.00) as payment in full for the property described herein. To accept the sum of One Thousand One Hundred and No/100 Dollars ($1,100.00) as payment in full for the Drainage Easement on the property described herein. 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 "D" above. Page 5 of 9 Parcel No. 501-48-004 V(A Portion of) Project No. TT0562 OLIVE AVENUE (SARIVAL AVENUE TO REEMS ROAD) Item No. D23503-2 EXHIBIT “A” LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land lying within a portion of that property as described in Document 2007-0797434, Maricopa County Records, lying within the Northeast Quarter of Section Thirty One, Township Three North, Range One West of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the Northeast corner of said Section 31, being a brass cap in handhole, from which the East Quarter corner of said Section 31, a brass cap in handhole, bears South 00°00'58" West, for a distance of 2632.18 feet; thence along the East line of said Section 31 South 00°00'S8" West, for a distance of 370.98 feet; thence departing said East section line North 89°59'02" West, for a distance of 65.00 feet to a point on a line parallel with and 65.00 feet westerly of the East line of said Northeast Quarter to the Point of Beginning; Thence along the said parallel line South 00°00'58" West, for a distance of 20.00 feet; thence departing said parallel line North 89°02'26" West, for a distance of 105.01 feet to a point ona line parallel with and 170.01 feet westerly of the East line of said Northeast Quarter; thence along said parallel line North 00°00'58" East, for a distance of 20.00 feet; thence departing said parallel line South 89°02'26" East, for a distance of 105.01 feet to the Point of Beginning. The above described parcel contains 2,100 square feet or 0.0482 Acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: OL-9/16/19 __| Chk: [ Appr: ¢ Vv 09-16-2014 Rev: Maricopa County Public Works - Real Estate Department Ful GRANTOR_ |W pate__2/*/| EXHIBIT “A” " Page 6 of 9 EXIST _ EXIST RWW __ a | | | SEC LN N89°02'26"W 2635.66" 8 _ Olive Avenue = EXIST RW POC [—— = ~ © 501-48-004T ! a | so) . 7s a foe) x 25 » St S| § & i o NO. | BEARING LENGTH 501-48-004V 3 | L1_ | N89°59'02" Ww 65.00" P/D 2007-0797434 = L2 | $00°00'58" W 20.00" & | L3 | N89°02'26" W 4105.01" 8 L4 | N00°00'58" E 20.00' + POB 8 : L5 | $89°02'26"E 105.01" — he aA SO | L2 3 L3 x 65' | 40' D23503-2 ZA DRAINAGE A ESMT = CERS EXPIRES 12/31 / 2020 D23503-2 Drainage Easement: 2,100 square feet or 0.0482 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0562 Olive Ave - Sarival Ave to Reems Rd Page 7 of 9 R/W Agent: J.Rod. DATE 9-11-19 EOL PROJECT No. TT0562 ITEM No, D23503-2 M.C,D.O.T, Parcel No. 501-48-004 V (A portion of) Project No. TT0562 OLIVE AVENUE (SARIVAL AVENUE TO REEMS ROAD) Item No. D23503 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2007-0797434, Maricopa County Records, lying within the Northeast Quarter of Section Thirty One, Township Three North, Range One West of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the Northeast corner of said Section 31, being a brass cap in handhole, from which the East Quarter corner of said Section 31, a brass cap in handhole, bears South 00°00'58" West, for a distance of 2632.18 feet; thence along the East line of said Section 31 South 00°00'58" West, for a distance of 311.98 feet; thence departing said East section line North 89°59'02" West, for a distance of 65.00 feet to the Point of Beginning; thence continuing North 89°02'26" West, for a distance of 200.00 feet to a point on a line parallel with and 265.00 feet westerly of the East line of said Northeast Quarter; thence along said parallel line North 00°00'58" East, for a distance of 160.02 feet; thence departing said parallel line South 89°02'26" East, for a distance of 200.00 feet to a point on a line parallel with and 65.00 feet westerly of the East line of said Northeast Quarter; thence along said parallel line South 00°00'58" West, for a distance of 160.02 feet to the Point of Beginning. The above described parcel contains 32,000 square feet or 0.7346 Acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: OL- 9/16/19 | Chk: | Appr:LV 09-16-2014 Rev: Maricopa County Public Works - Real Estate/Department 2 GRANTOR_|| paTe_ 4/5 [vl WXHIBIT “A” : Page 8 of 9 AEN Olive Avenue we, N.T.S. EXIST R/W 8 1 | SEC LN N89°02'26"W 2635.66" Re a -poc & EXIST R/W _ [— 2 ~ i 501-48-004T Row a! _L_ -|. 18 L4 gx 1g E18 D23503 I ee to (Aportion of) wb $ i> — 501-48-004V a“ oe NO. BEARING LENGTH POR I Lt | N89°59'02" Ww 65.00" L2 | $89°02'26"E 200.00" L2 L1 | = | L3_ | N00°00'58" E 160.02" Se my eS | L4 [| s89°0226"E | 200.00" NS SIS L5 | S00°00'58" W 160.02" 2 B & 501-48-004V 0 L P/D 2007-0797434 2 H it, x 65 40’ ZA D23503: A Portion of 501-48-004V: 32,000 square feet or 0.7346 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0562 Olive Ave - Sarival Ave to Reems Rd PROJECT No. TT0562 ITEM No, D23503 DATE 9-11-19 M.C.D.0.T, R/W Agent: J.Rod. Page 9 of 9