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RESOLUTION NO. 5566
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, APPROVING THE ACQUISITION OF A FACILITIES EASEMENT
FOR THE INSTALLATION OF BUS SHELTER AND AMERICANS WITH
DISABILITY ACT IMPROVEMENTS AT THE NORTHWEST CORNER OF
CHANDLER BOULEVARD AND HAMILTON STREET IN THE AMOUNT OF
$4000 PLUS CLOSING AND ASSOCIATED COSTS.
WHEREAS, the City of Chandler is seeking to acquire a 168 square foot facilities easement from
the owner of property located at the northwest corner of Chandler Boulevard and Hamilton Street,
as legally described and depicted in the attached Exhibit “A”; and
WHEREAS, the easement will enable the City to install a bus shelter at this location and make
improvements that comply with the Americans with Disabilities Act, improving service and access
to a bus route with one of the highest ridership volumes in Chandler; and
WHEREAS, the property owner is willing to grant the facilities easement to the City of Chandler
for the purchase price of $4,000 plus closing and associated costs under the terms and conditions of
the purchase agreement attached as Exhibit “B”.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chandler, Arizona, as
follows:
Section 1. That the City Council of the City of Chandler, Arizona, authorizes and approves the
acquisition of a facilities easement on that certain property legally described and
depicted in the attached Exhibit “A” for the purchase price of $4,000 plus closing
and associated costs.
Section 2. That the facilities easement shall be in a form approved by the City Attorney.
Section 3. That the City’s Real Estate Manager, or any City real estate officer acting on the
Manager’s behalf, is authorized to execute, deliver, and deposit into escrow the
purchase agreement attached to this Resolution as Exhibit “B” along with any other
documents and instructions necessary to consummate the purchase of said facilities
easement.
Section 4. That the Mayor of the City of Chandler, Arizona, is hereby authorized to execute this
Resolution on behalf of the City.
Resolution 5566
Page 2
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this day of
, 2022.
ATTEST:
CITY CLERK MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Resolution No. 5566 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
day of , 2022, and that and that a quorum was present thereat.
CITY CLERK
APPROVED AS TO FORM:
im
CITY ATTORNEY “YY
EXHIBIT “A”
(Legal Description and Drawing)
EXHIBIT A
Legal Description
That portion.of the Southwest Quarter of Section 27, Township | South, Range 5 East of ht Gila
and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows:
Commencing at the South Quarter comer of said Section 27, from which the Southwest comer of
said Section 27 bears $89°47’57W, a distance of 2635.50 feet;
THENCE along the South line of the Southwest Quarter of said Section 21, $89°47’ sPW, a
distance of 178.51 feet;
THENCE leaving said South line, NO0°12’03”W, a distance of 40.00 feet to the Northerly
Right-of-Way line of Chandler Blvd. and tlie POINT OF BEGINNING;
THENCE along said Right-of-Way line, $89°47°57"W, a distance of 15.00 feet; . ,
THENCE leaving said Right-of: Way line, N00°12’03”W, a distance of 7.00 feet;
THENCE N89°47'57°E, a distance of 15.00 feet;
THENCE S00°12’03”E, a distance of 7,00 feet to the POINT OF BEGINNING.
Said patcel contains 105 sq, ‘B. more or less.
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EXHIBIT A
Legal Description
That portion of the Southwest Quarter of Section 27, Township 1 South, Range 5 Bast of the Gila
and Salt River Meridian, Maricopa County, Arizona, more particulatly described as follows:
Commencing at the South Quarter comer of said Section 27, from which the Southwest comer of
said Section 27 bears $89°47'57”"W, a distance of 2635.50 feet;
THENCE along the South line of the Southwest Quarter of said Section 27, $89°47°57"W, a
distance of 169,51 feet;
THENCE leaving said South line, NO0°12’03"W, a distance of 40.00 feet to the Northerly
Right-of-Way line of Chandler Blvd. and the POINT OF BEGINNING;
THENCE along said Right-of-Way line, $89°47°57°W, a distance of 9,00 feet;
‘THENCE leaving said Right-of-Way line, N00°12’03"W, a distance of 7.00 feet;
THENCE N89°47'57"E, a distance of 9.00 feet;
THENCE $00°12’03”E, a distance of 7.00 feet to the POINT OF BEGINNING,
Said parcel contains 63 sq. ft. more or less.
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EXHIBIT “B”
Purchase Agreement
PURCHASE AGREEMENT
SELLER: Alejandro Perez-Flores, an unmarried man, who acquired title as
Alejandro Perez-Flores, a married man
. §98 E. Chandler Blyd
Chandler, Az 85225
_ Phone: (480) -798-9884
BUYER: City of Chandler, an Arizona municipal corporation
Mail Stop 407
P.O. Box 4008
Chandler, Arizona 85244-4008
Attn: Erich Kuntze, Real Estate Manager
Phone: (480) 782-3397
Fax: (480) 782-3365
Escrow Agent: Fidelity National Title Agency
14000 North Pima Road, Suite 100
Scottsdale, Az 85260
Attn: Holly Stapley, Branch Manager
Phone: (480) 214-4545
Fax: (480) 546-3581
hstapley@fnf.com
Escrow No.: Date:
1. Agreement. This Purchase Agreement, together with Escrow Agent's printed form
Escrow Instructions, constitutes a binding agreement for the purchase and sale of the Property
(defined below) and defines the terms of escrow with Escrow Agent, who shall also serve as title
* insurer, If there is any conflict or inconsistency between the printed form escrow instructions and ~
this Purchase Agreement, this Purchase Agreement shall prevail.
2. Property Included in Sale. Collectively, all of the following comprises the ~
“Property”: the “Real Property”, which includes a facilities easement over, under, through and
across that certain land described in attached Exhibit “A”.
FOUR fA \?
3. Purchase Price. The “Purchase Price” shall be in the total amount of “FRIREE
THOUSAND DOLLARS AND NOH) DOFEARS ($3,900-00)5 payable at Close of Escrow.
“Thousand Dollars dnd NG/ioo DALLAR Cs 4ovo.0d)
4. Escrow. Escrow shall open upon receipt by Escrow, Agent of a fully executed and
approved copy of this Purchase Agreement and shall close at Escrow Agent's office at the above-
stated address no later than ten (10) days after all title requirements and Buyer's contingencies have
been met, or at such other place, date or time as may be agreed in writing by the parties.
5. Escrow Documents. Within five (5) days after Buyer delivers a fully executed copy ,
Form 4 - Roadway Purchase Agreement (1/03)
of this Purchase Agreement to the Escrow Agent, Seller shall deliver to Escrow Agent the general
warranty deed and/or easements required to grant or convey the Real Property to Buyer, each of
which shall be in form and substance as provided to Seller with the written offer to purchase or as
otherwise deemed satisfactory to Buyer. At least one (1) business day prior to Close of Escrow,
Seller shall provide a non-foreign certificate, estoppel certificate, IRS Form W-9, and other
documents satisfactory to Buyer and/or Escrow Agent and sufficient to allow title insurance to issue
and to allow Buyer unimpeded use of the Property for its intended public use. «
6. Closing Items. At Closing, Escrow Agent shall deliver to Buyer or record, as
appropriate, (i) all deeds and easements to convey or grant the Real Property to Buyer; (ii) all
documents necessary to satisfy requirements for this escrow; and (iii) a closing or settlement
statement indicating a true and correct disbursement of funds collected from the Seller and Buyer in
connection with the escrow. Escrow Agent shall also disburse funds in accordance with the terms of
this Purchase Agreement and shall issue in favor of Buyer a standard owner's policy of title
insuéance in an amount equal to the Purchase Price to be paid by Buyer, subject to (i) usual
exceptions, conditions, and stipulations contained in the printed form of such a policy, and (ii) those
title defects or exceptions as are deemed acceptable to Buyer per paragraph 7 below.
ve Buyer's Contingencies. Buyer's obligation to close is contingent upon: (i) Buyer’s
authorized representative or counsel advising Escrow Agent that the status of title is acceptable or
that Buyer will waive any objections thereto; (ii) Seller not encumbering the Property in any way
from date of this agreement through close of escrow; (iii) Seller providing consents to easements,
lease releases or estoppels regarding tenants where deemed necessary by Buyer for its protection;
(iv) completion of the Review Period (defined below).
8. Review Period. Buyer shall have until 5:00 p.m., Arizona time, sixty (60) days after
Escrow opens (the "Review Period"), in which to review title matters, investigate environmental
issues, survey, inspect, and examine the Property at any time with any persons who it shall
designate, including engineers and soil testing personnel. Seller shall permit access to the Property
by Buyer and its agents for these purposes. In the event Buyer, after conducting such inspections,
investigations, and tests, in its Sole discretion, determines that the Property is not ‘suitable for its
purposes, it may elect at any time prior to the end of the Review Period to cancel this Agreement by
written notice to Seller and Escrow Agent, who shall, without further instruction from either party or
any other person, promptly return any documents deposited hereunder to the appropriate party, and
this Agreement shall thereafter have no further force or effect. If Buyer does not elect to cancel
under this paragraph within the Review Period, then the Closing shall occur on the date specified
above, provided that all contingencies, including status of title requirements, are met.
9&9. Seller’s Representations and Warranties. Seller represents and warrants to Buyer that
Seller has the full power, authority and legal capacity to execute, deliver, and perform this
. Agreement and all related documents or instruments. No work has been performed or is in progress
at the Property and no materials have been furnished to the Property, which might give rise to a
mechanic’s or materialman’s lien against the property. Seller is not aware of the presence of any
subsurface improvements (e.g., septic systems, storm cellars, wells, storage tanks) within the area
that comprises the Real Property, except for such improvements as Seller has specifically disclosed
to Buyer or about which Seller has provided information to, Buyer to assist in locating same. These
Form 4 - Roadway Purchase Agreement (1/03)
representations and warranties shall be true as of the date of this Agreement and at Closing.
10. Costs:and Prorations, Risk of Loss, Further Assurances, Buyer shall pay all escrow
fees, title policy premiums and recording fees. All other expenses shall be split as is customary.
Risk of loss is on Seller until close of escrow. Each party shall take any further acts and shall
execute further documents as reasonably necessary to carry out the intent and purpose of this
Purchase Agreement.
11. Waivers, Title Insurance Option. Buyer may waive escrow and/or title insurance, and
in such event the conveyance or grant will be direct to Buyer and payment will be made concurrently
direct to Seller. Buyer, at its option and cost, may obtain extended coverage title insurance.
12. Notices, All notices, consents, approvals, and waivers required or permitted
hereunder shall be given in writing and shall be effective upon personal delivery or direct facsimile
transmission, or two (2) business days after being deposited with the U.S. Postal Service, registered
or certified, return receipt requested, postage prepaid, or one (1) business day after being deposited
with any commercial air courier or express service to the parties at their addresses noted above.
13. Removal of Improvements: The parties hereby acknowledge and agree that the
- Purchase Price does not include certain improvements, including without limitation, private signs,
lights, and irrigation/sprinkler facilities, that are capable of being removed and relocated by the
Seller (the “Relocatable Improvements”), but does include an amount for the reasonable cost of
removal and relocation of such Relocatable Improvements. Seller shall remove and relocate any
such Relocatable Improvements from the Real Property, including from the area of any permanent
easements being acquired, together with any of Seller’s equipment or personal property located
thereon, on or before the date on which the Buyer acquires title or easement rights in the Real
Property or within thirty (30) days after the date on which Buyer obtain an Order of Immediate
Possession in a court of law for the Real Property, whichever date first occurs. Seller shall be
responsible for obtaining any permits necessary to accomplish such relocation. If Seller does not
remove the Relocatable Improvements from the Real Property within the required thirty (30) day
period, and Buyer desires to remove the Relocatable Improvements, Buyer will either: (a) acquire
and pay for the value of the Relocatable Improvements as required by law; or (b) remove the
Relocatable Improvements and place them on other land owned by Seller or in storage, provided
Seller, in writing, (i) requests such action, (ii) authorizes Buyer to enter Seller’s land for such
purpose or to store the Relocatable Improvements, (iii) expressly holds Buyer harmless from any
damages for injury to persons or property arising from this activity, and(iv) agrees to a reduction in
the compensation equal to the cost incurred by Buyer in performing such activity.
14. Modification. This Agreement may not be modified unless it is in writing and signed
by all parties hereto.
15. Timeof Essence, Council Approval. Time is of the essence. Approval of Buyer’s
governing body, i.e. City Council, is required for this Purchase Agreement and is a contingency to
closing. Said-approval shall be indicated by the signature of the Mayor of the City of Chandler, or
official acting in said capacity, on this Purchase Agreement, or by a Resolution of the City Council
ratifying the execution of this Purchase Agreement by the agent of the Buyer signing below.,
Form 4 - Roadway Purchase Agreement (1/03)
. Form 4 - Roadway Purchase Agreement (1/03)
16. Exhibits, The Exhibits referred to herein and attached hereto are incorporated herein
by this reference.
17. Litigation Expenses and Attorneys’ Fees. In the event of litigation involving this
Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its costs
and expenses incurred in such action from the other party, including reasonable attorney’s fees as
determined by the judge of the court.
18. - Entire Agreement. ‘This Agreement constitutes the entire agreement between the
parties written and verbal.
19. Severability. Whenever possible, each provision of this: Agreement shall be
interpreted in such a manner as-to be valid under applicable law, but if any provision shall be
deemed invalid or prohibited thereunder, such provision shall be deemed severed from this
Agreement and this Agreement shall otherwise remain in full force and effect.
20. Applicable Law. This Agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Arizona.
21. ‘Counterparts. This Agreement may be executed by ‘the signing in counterparts, The
execution of this instrument by each of the parties signing a counterpart hereof shall constitute a
valid execution, and this instrument and all of its counterparts so executed shall be deemed for all
purposes to be a single instrument.
22, Possession, Upon Closing, possession of the property shall be transferred to Buyer.
23. Full Compensation. The consideration expressed herein is accepted by Seller as full
compensation for the Real Property being acquired by Buyer, and in settlement of all injury or
damage to Seller’s remaining abutting property arising as a consequence of this acquisition by
~ Buyer.
24. This Agreement is subject to cancellation for conflict of interest under A.R.S, 38-511.
Seller: Alejandro Perez-Flores, an” Buyer: City of Chandler, an Arizona
unmarried man, who acquired title as miunicipal corporation.
Alejandro Perez-Flores, a married man ‘
wAled/A h AC? PCr Cay,
Alejandro Perez-Flores
Its:
Accepted this day of , 2022.
Escrow Agent: Fidelity National Title
By:
~ Its:
APPROVAL AS TO FORM
Cr IRNEY
- Form 4 - Roadway Purchase Agreement (1/03)
EXHIBIT A
Legal Description
That portion of the Southwest Quarter of Section 27, Township 1 South, Range 5 East of the Gila
and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows:
Commencing at the South Quarter comer of said Section 27, from which the Southwest comer of
said Section 27 bears $89°47°57”W, a distance of 2635.50 feet;
THENCE along the South line of the Southwest Quarter of said Section 27, $89°47°57°W, a
distance of 178.51 feet; ~ .
THENCE leaving said South line, NO0°12°03”W, a distance of 40.00 feet to the Northerly
Right-of-Way line of Chandler Blvd. and the POINT OF BEGINNING; oe
THENCE along said Right-of-Way line; S89°47°57°W, a distance of 15.00 feet;
THENCE leaving said Right-of-Way line, N00°12’03"W, a distance of 7.00. feet;
THENCE N89°47’ 57”E, a distance of 15.00 feet;
THENCE S00°12’03”E, a distance of 7.00 feet to the POINT OF BEGINNING, .
Said parcel contains 105 sq. ft. more or less. .
Expires: 9/30/2018
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EXHIBIT A
Legal Description
That portion of the Southwest Quarter of Section 27, Township 1 South, Range 5 East of the Gila
and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows:
Commencing at the South Quarter corner of said Section 27, from which the Southwest corner of
said Section 27 bears $89°47'°57°W, a distance of 2635.50 feet;
THENCE along the South line of the Southwest Quarter of said Section 27, $89°47°57°W, a
distance of 169.51 feet;
THENCE leaving said South line, NO0°12’03"W, a distance of 40.00 feet to the Northerly
Right-of-Way line of Chandler Bivd. and the POINT OF BEGINNING;
THENCE along said Right-of-Way line, S89°47’57°W, a distance of 9.00 feet;
‘THENCE leaving said Right-of-Way line, NO0°12'03"W, a distance of 7.00 feet;
THENCE N89°47'57°E, a distance of 9.00 feet;
THENCE $00°12’03"E, a distance of 7.00 feet to the POINT OF BEGINNING,
Said parcel contains 63 sq. ft, more or less.
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