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Maricopa County
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency Date August 28, 2023
Address 4722 N. 24 Street, Ste 200 Phone | 602-230-6271°
City Phoenix, Arizona 85016 Fax 602-926-0452
Escrow Officer | Jason Bryant . Email _|_jbryant@securitytitle.com
Escrow No. 15210638-015-JB6-SW
Grantor: PBE, L.L.C., an Arizona limited liability company Phone: | 480-322-3822
Contact John Rose, Director of Real Estate Phone:
Mailing -
Address: 1825 W. Knudsen, Suite 160 Email | johncose@petersonburge.com
City, State Zip Fax:
Phoenix, Arizona 85027
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 Sub- Charges and Disbursements to be paid from Grantor's funds as
deposit with the Title Company if escrowed, the purchase price Object | follows (check all that apply):
plus all lawful costs incidental to closing as follows: Code
Escrow Fees TBD C1 _ 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 Pay in full all due and delinquent real property taxes and
Title Report Credit general and special improvement assessments. Prorate the
Total Escrow & Title Fees 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
Release & Reconveyance the lien of the current year's taxes in full. :
Release of Lease l
K]_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 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)
Consent Fees of Purchase. The current year's taxes shall not be prorated
S.R.V.W.U.A. regardless of the closing date.
Taxes -Prorated
(1 Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
(1 Other Disbursements: |
Sub Total
Land* $13,328.00 11
Improvements* $4,975.00 10 Possession date:
TCE $6,012.00 12 Close of escrow:
Date of recording:
Right of Way Agreement Yes K] | Nol]
Total Purchase Price $24,315.00
Total Escrow & Title Costs TBD 14 Entry Agreement Yes[] | Nok
Total Compensation (minus any
funds paid outside of escrow) $24,315.00 Addendum attached hereto and made a Yes [] | No
TOTAL WARRANT** TBD part hereof
*Escrow and title policy fees based on this amount only.
*** P.O.C Paid outside of closing
**Sum of "Total Closing Costs" and "Total Compensation" only.
Project: Northern Parkway 99% Ave-87% Ave PCN: | TT0372
Assessor Parcel No.: 142-55-508 Item No | .D24442
Right of Way Agent: Tangella Diaz Telephone # | 602-506-4883
Page 1 of 7
'
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 conveyancé 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 thé closing statement as due Grantor. Either a copy of this requést 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 occirrs out of MARICOPA COUNTY’ 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.
GRANTOR: PBE, L.L.C., an Arizona limited
liability company
AL, be G Hq 02 4 MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Date DocuSigned by:
Right of Way Supervisor Chairman of the Board
Maa GER 9/26/2023 .
ITs: ATTEST:
: Date
Approved as to form within the
powers and authority of the Board of
TIpBAPISUERS! by: Clerk of the Board of Supervisors
Wayne Puck 9/26/2023
Deputy County Attomey Date Date
Page 2 of 7
RIGHT OF WAY AGREEMENT
Parcel No.: 142-55-508
_ Project No.: TT0372
Project Name: Northern Parkway
Project Termini: 99" Ave-87" Ave
Item No.: D24442 (TD)
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 real property described and depicted herein for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Thirteen Thousand Three Hundred Twenty-Eight and No/100 Dollars
($13,328.00) as payment in full for the real property described herein.
C. To pay the Grantors the sum of Four Thousand Nine Hundred Seventy-Five and No/100 Dollars ($4,975.00)
as payment in full for the improvements located on the property described hérein and broken out as follows:
Landscaping Gravel : $825.00
Shrubs $2,000.00
Palm Trees $1,400.00
Drip Irrigation System $500.00
Tree/Shrub Delivery fee $250.00
Site Improvements Total =$4,975.00
D. To pay the Grantors thé sum of Six Thousand Twelve and No/100 Dollars ($6,012.00).as payment i in full for the -
Temporary Construction Easement on the property described herein.
E. That, if in the opinion of the Transportation Director it becomes necessary, private structures will be relocated in
kind to the Grantor’s property, clear of the property described herein, at no expense to the Grantor except as may
be herein otherwise agreed.
F. With respect to the development/redevelopment of the property prior to construction of project TT0372, Grantor
will be responsible only for the costs of improvements required by the County or a municipality as part of a
regulatory approval related to development/redevelopment of the property.
THE GRANTORS AGREE:
1. To grant a Special Warranty Deed and Temporary Construction Easement to the County of Maricopa.
2. To accept the sum of Thirteen Thousand Three Hundred Twenty-Fight and No/100 Dollars ($13,328.00) as
payment in full for the property described herein.
3. To accept the sum of Four Thousand Nine Hundred Seventy-Five and No/100 Dollars ($4,975.00) as payment
in full for the improvements located on the property described herein and broken out as follows:
Landscaping Gravel $825.00
Shrubs $2,000.00
Palm Trees $1,400.00
Drip Irrigation System $500.00
Tree/Shrub Delivery fee $250.00
Site Improvements Total =$4,975.00
4. To accept the sum of Six Thousand Twelve and No/100 Dollars ($6,012.00) as payment in full for the
Temporary Construction Easement on the property described herein.
5. 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 "E” above.
Page 3 of 7
Wood, Patel & Associates, Inc. May 11, 2023
602.335.8500 WP# 215248.80
www.woodpatel.com Page 1 of 2
See Exhibit “A”
LEGAL DESCRIPTION
Northern Avenue
Portion of APN 142-55-508
D24442
Public Right-of-Way
A portion of that certain parcel of land described in Document 2012-0677166, Maricopa County
Records (MCR), lying within Section 33, Township.3 North, Range 1 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 33, a 3-inch Maricopa County
Department of Transportation (MCDOT). brass cap in handhole, from which the southeast corner
of said section, a 3-inch MCDOT brass cap in handhole, bears.North 88°40'27" East (basis. of
bearing), a distance of 2661.77 feet;
THENCE along the south line of said section, North 88°40'27" East, a distance of 666.82 feet;
THENCE leaving said south line, North 01°19'33" West, a distance of 65.00 feet, to the
southwest corner of said certain parcel of land and the POINT OF BEGINNING;
THENCE along the west line of said certain parcel of land, North 00°00'00" East, a distance of
9.70 feet;
THENCE leaving said west line, North 88°01'43" East, a distance of 54.43 feet, to the easterly
line of said certain parcel of land;
THENCE along said east line, South 00°00'00" East, a distance of 10.31 feet, to the southeast
corner of said certain parcel of land;
THENCE leaving said east line, along the south line of said certain parcel of land, South
88°40'27" West, a distance of 54.41 feet, to the POINT OF BEGINNING.
Containing 544 square feet or 0.0125 acres, more-or less.
Subject to existing right-of-ways and easements.
This parcel description was prepared without the benefit of survey fieldwork and is based on
client provided information. Any monumentation noted in this parcel description is based on said
information. ;
YAWP'\Parcel Descriptions\2021\215248,.80 Northem Ave. APN 142-55-608 D24442 Public Right-of-Way L51 05-11-23.docx
So
48932
GABRIEL S,
Page 4 of 7
EXPIRES 12-31-23
LINE TABLE
LINE BEARING DISTANCE
L1 - | NO1°49'33"W 65.00"
L2 N00°00'00"E 9.70'
L3 N88°01'43"E 54.43!
L4 $00°00'00"E 40.31"
L5 $88°40'27"°W 54,41!
spo —-
L SOUTH 1/4 CORNER :
SECTION 33, T3N, R1E
3" MARICOPA COUNTY
DEPARTMENT OF
TRANSPORTATION
BRASS CAP IN
HANDHOLE
Poc ~
INLAND WESTERN GLENDALE LLC
DOC 2004-0720219, MCR
APN 142-55-510
PBE LLC
Doc
2012-0677166,
MCR
APN 142-55-508
EXPIRES 12-31-23
Page 5 of 7
SJFT LLC
DOC 20041383191, MCR
APN 142-55-507
SECTION 33, T3N, RIE
3" MARICOPA COUNTY
DEPARTMENT OF
TRANSPORTATION
BRASS CAP IN HANDHOLE
EXHIBIT "A"
NORTHERN AVENUE
PORTION OF APN 142-55-508
PUBLIC RIGHT-OF-WAY
~ 5t4/2023
WP# 215248,80
PAGE 2 OF 2
NOT TO SCALE
Z:\2021\215248\Survey\Legal\5248-L51.dwg
Wood, Patel & Associates, Inc: May 11, 2023
602.335.8500. WP# 215248.80
www.woodpatel.com : Page 1 of 2
See Exhibit “A”
LEGAL DESCRIPTION
» Northern Avenue
Portion of APN 142-55-508
D24442
Temporary Construction Easement
A portion of that certain parcel of land described in Document 2012-0677166, Maricopa County
Records (MCR), lying within Section 33, Township 3 North, Range 1 East, of the Gila and Salt
River Meridian, Maricopa County, Arizona; more.particularly described as follows:
COMMENCING oat the south quarter corner of said Section 33, a 3-inch Maricopa County
Department of Transportation (MCDOT) brass cap in handhole, from which the southeast corner
of said section, a 3-inch MCDOT brass cap in handhole, bears North 88°40'27" East (basis of
bearing), a distance of 2661.77 feet;
THENGE along the south line of said section, North 88°40'27" East, a distance of 667.04 feet;
THENCE leaving said south line, North 01°19'33" West, a distance of 74.69 feet, to the west line
of said certain parcel of land:and the POINT OF BEGINNING;
THENCE along said west line, North 00°00'00" East, a distance of 118.32 feet;
THENCE leaving said west line, North 88°32'14" East, a distance of 3.05 feet;
THENCE South:00°06'56" East, a distance of 98.10 feet;
THENCE North 89°57'23" East, a distance of 51.15 feet, to the east line of said certain parcel of
land;
THENCE along said east line, South 00°00'00" East, a distance of 18.47 feet;
THENCE leaving said east line, South 88°01'43" West, a distance of 54.43 feet, to the POINT
OF BEGINNING.
Containing 1,363. square feet or 0.0313 acres, more or less.
Subject to existing right-of-ways and easements.
This parcel description was prepared without the benefit of survey fieldwork and is based on.
client provided information. Any. monumentation noted in this parcel description is based on said
information.
YAWP\Parcel Descriptions\2021\215248.80 Northem Ave APN 142-55-508 D24442 Temporary Construction Easement L52 05-11 -23.docx
Page 6 of 7
- EXPIRES 12-31-23
LINE TABLE
LINE | BEARING | DISTANCE
ui NO1°19'33"W 74.69 INLAND WESTERN GLENDALE LLC
12 | Noo*oo'00'e | 118.32 meen unssStO
13 | Ne8°3244"E | 3,05"
u4 | sooreesee | 98.10
LS | Neg?57'23"6 | 54.15"
ts | soo°o0'0u'e | 18.47"
u7 | see°otas'w | 54.43"
NORTHERN AVENUE
L
SOUTH 1/4 CORNER
SECTION 33, T3N, RIE
3" MARICOPA COUNTY
DEPARTMENT OF
TRANSPORTATION
BRASS CAP IN
HANDHOLE
EXPIRES 12-31-23
Page 7 of 7
PBE LLC
DOC
MCR
a nr
5
POB
13-NJ 90120677166,
APN 142-55-508
SJFT LLC
DOC 2004-1383191, MCR
APN 142-55-507
SECTION 33, T3N, RIE
3" MARICOPA COUNTY
DEPARTMENT OF
TRANSPORTATION
BRASS CAP IN HANDHOLE
EXHIBIT "A"
NORTHERN AVENUE
PORTION OF APN142-55-508
TEMPORARY CONSTRUCTION EASEMENT
5/11/2023
WP# 215248,80
PAGE 2 OF 2
NOT TO SCALE
242021\215248\Survey\Legal\5248-L.52.dwg