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Flood Control District of Maricopa County
Purchase Agreement and Escrow Instructions
Title Company: Commonwealth Land Title Insurance Company NCS Date
Address 2390 E Camelback Road, Suite 230 Phone 602-287-3521
City Phoenix, AZ 85016 Fax
Escrow Agent: Daphne Wright Email daphne.wright@cltic.com
Escrow No. 22002393-040-DO-APC
Grantor: The Arizona Humane Society, an Arizona non-profit corporation Phone: 602-395-3852
Contact Matthew Johnson Phone:
Mailing Address: 1521 W Dobbins Road Email mjohnson@azhumane.org
City, State Zip Phoenix, AZ-85041 Fax:
Grantee: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY [“DISTRICT”], a political subdivision of the State of Arizona
Mailing Address: | Real Estate Department,.2801 W. Durango Street, Phoenix, Arizona 85009
The-DISTRICT shall pay deposit with the Title Company the Sub- Charges and Disbursements to be paid from Grantor's funds as follows (check
purchase price plus all lawful costs incidental to closing as follows: Chiest all that apply):
[
Escrow Fees TBD (1 __ Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind.
Title report credit 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
Mortgage Release the lien of the current year's taxes in full.
[1 __ Partial Acquisition of Grantor's Property: Partial release of all
monetary liens and encumbrances, and leases of any kind.
At the discretion of the DISRICT, 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 the
Release Fees DISTRICT’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. I :
Easements: Consent to easements by secured parties.
Total Other Charges TBD [ |
(0 __ Other Disbursements: [
Sub Total TBD
Land* $58,669.00 ll
Improvements* $22,048.00 10 Close of escrow:
“ Temporary Construction 12
Easement * $650.00
Right of Way Agreement Exhibit “A” Yes | No)
Total Escrow & Title Costs TBD | 14 Right of Entry Agreement YesC] | NoX
Total Purchase Price $81,367.00 Addendum attached hereto and made a Yes] | No®
TOTAL WARRANT** part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
POC = Paid Outside of Closing
Project: 19% Avenue and Dobbins Storm Drain Project PCN: | 117.02.32
Assessor Parcel No.: 300-52-014 Item No {| F00451
Right of Way Agent: Wayne Jones Telephone # | 602-506-4747
7753.12.3649632.4
Page 1 of 2
GRANTOR and DISTRICT enter into this Purchase Agreement and Escrow Instructions (“Agreement”) subject to the terms herein, whereby
GRANTOR agrees to grant to the DISTRICT certain easements over Grantor’s real property, as more particularly described in the Right of Way
Agreement attached hereto as Exhibit A (“ROW Agreement”).and made a part hereof. Grantor shall execute, acknowledge, and deliver the ROW
Agreement, including executing, acknowledging, and delivering the easements attached as exhibits thereto (the “Easements”), to the DISTRICT. The
DISTRICT shall execute the ROW Agreement and Easements and shall obtain the acceptance and approval of the FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY BOARD OF DIRECTORS. Upon. the DISTRICT’s delivery of a fully executed, acknowledged (where indicated), and
approved ROW Agreement and Easements by all parties to Grantor and Escrow Agent, the DISTRICT shall deposit and deliver funds equal to the
Total Purchase Price to Escrow Agent.
Instructions to Esctow Agent: Escrow Agent shall issue to the DISTRICT a standard owner’s title insurance policy to insure the Easements granted
herein; open and deposit the funds received by DISTRICT in an escrow account and disburse the funds 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 Title Company’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 ftom
the DISTRICT.”
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.
The DISTRICT will pay the costs of the standard owner’s title insurance policy to insure the Easements; 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.
Upon the closing of Escrow, Escrow Agent shall record the Easements and deliver a copy of all fully executed documents and instruments as required
under this Agreement to Grantor and DISTRICT and deliver the original recorded Easements to the recipient addressed thereon.
It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the Easements granted
by Grantor to the DISTRICT.
The DISTRICT shall be responsible to the extent that damage occurs out of the DISTRICT's occupation of the Grantor’s real property caused by the
DISTRICT’s negligence,.or by the negligent acts or conduct of its agents, employees, or contractors during the DISTRICT’S occupancy of the Grantor’s
real 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.
GRANTOR:
~ > > RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
The Arizona Humane Society, an Arizona
non-profiesyparation FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
Sh pete thats Cote OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF
By: Hee trast MARICOPA COUNTY
CSignaturey 7 DocuSigned by:
Printed Name: Steven R. Hansen, DVM Cratttywt
Its: Chief: Executive Officer OW VOW T/L07 £025
cot Voge Date Chairman of the Board
Date; 11/1572025 Chie PAREN General Manager
< T17177 2023 ATTEST:
Alex Smith Date
Director, Real Estate Department
Approved as to form within the
Pore Rohe authority of the Board of Clerk of the Board
Manns Perk
coabspopEsdcaes 11/147 2023 Date
General Counsel Date
7753.12.3649632.4
Page 2 of 2
EXHIBIT "A"
RIGHT OF WAY AGREEMENT
Parcel No.: 300-52-014
PCN.: 117.02.32
Project Name: 19 Avenue and Dobbins Storm Drain Project
Project Termini: 15" to 19 Avenues and Dobbins to South Mountain
Item No.: F00451 (WJ)
WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between
the Grantor and the DISTRICT. No further consideration is being paid than described in this agreement.
THE DISTRICT AGREES:
A. To use the Easement and TCE (both terms defined below) for the general welfare and benefit of the public.
B. To pay the Grantor the sum of Fifty-Eight Thousand Six Hundred Sixty-Nine and No/100 Dollars
($58,669.00) as payment in full for the Easement.
C. To pay the Grantor the sum of Twenty-Two Thousand Forty-Eight and No/100 Dollars ($22,048.00) as
payment in full for the following improvements located on the Easement Area (as such term is defined in the
Easement):
20,044 SF of River Rock X $1.00/SF X 10% (rounded) =$22,048.00
Site Improvements Total =$22,048.00
D. To pay the Grantor the sum of Six Hundred Fifty and No/100 Dollars ($650.00) as payment in full for the TCE.
THE GRANTOR AGREES:
1. To grant an easement for flood control purposes to the DISTRICT, in the form attached hereto as “Exhibit 1”
(“Easement”) and made a part hereof.
2. To grant a temporary construction easement to the DISTRICT, in the form attached hereto as “Exhibit 2”
(“TCE”) and made a part hereof.
3. To accept the sum of Fifty-Eight Thousand Six Hundred Sixty-Nine and No/100 Dollars ($58,669.00) as
payment in full for granting the Easement to the DISTRICT.
4. To accept the sum of Twenty-Two Thousand Forty-Eight and No/100 Dollars ($22,048.00) as payment in full
for the following improvements located on the Easement Area:
20,044 SF of River Rock X $1.00/SF X 10% (rounded) =$22,048.00
Site Improvements Total =$22,048.00
5. To accept the sum of Six Hundred Fifty and No/100 Dollars ($650.00) as payment in full for granting the TCE
to the DISTRICT.
-- REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBITS FOLLOW
7753.12.3649632.4
Exhibit 1
[Easement for Flood Control Purposes attached]
7753.12.3649632.4
Exhibit 1 to Right of Way Agreement