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Page 1 of 9
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company
Pioneer Title Agency
Date
April 25, 2023
Address
1550 E. Missouri Avenue
Phone
(602) 328-8925
City
Phoenix, AZ 85014
Fax
(855) 487-3551
Escrow Officer
Jennifer Siverio
Email
Jennifer.Siverio@ptaaz.com
Escrow No.
72501613-025-JS1
Grantor:
Creo RE LLC, an Arizona Limited Liability Company
Phone:
(602) 743-8493
Contact
Annalee Abelson
Phone:
(978) 886-2752
Mailing
Address:
133 N. Ski Ct.
Email
aabelson@icloud.com
City, State Zip
Gilbert, AZ 85233
Fax:
N/A
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 with the Title Company if escrowed, the purchase price
plus all lawful costs incidental to closing as follows:
Sub-
Object
Code
Charges and Disbursements to be paid from Grantor's funds as
follows (check all that apply):
Escrow Fees
TBD
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
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
Release & Reconveyance
the lien of the current year's taxes in full.
Release of Lease
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
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)
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
Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges
TBD
Other Disbursements:
Sub Total
TBD
Land*
$84,269.00
11
Improvements
$16,704.00
10
Possession date:
TCE
$2,950.00
12
Close of escrow:
Administrative Settlement
$54,000.00
11
Date of recording:
Special Conditions Right of Way Contract
Yes
No
Exhibit "B"
Total Compensation
$157,923.00
14
Total Escrow & Title Costs
TBD
Entry Agreement
Yes
No
Total Purchase Price
TBD
Addendum attached hereto and made a
Yes
No
TOTAL WARRANT**
TBD
part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
*** P.O.C Paid outside of closing
Project:
Lindsay Road from Spur Road to Layton Lakes
PCN:
TT0630
Assessor Parcel No.:
304-72-025G
Item No
D24576
Right of Way Agent:
Jordan Ortiz
Telephone #
(602) 675-4191
Page 2 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.
GRANTOR:
RECOMMENDED FOR APPROVAL:
ACCEPTED AND APPROVED:
Creo RE LLC, an Arizona Limited Liability
Company
By: The Mark Abelson 2007 Irrevocable
Trust, Manager
MARICOPA COUNTY DEPARTMENT
MARICOPA COUNTY BOARD OF
OF TRANSPORTATION
SUPERVISORS
_________________________________
Annalee Abelson, Trustee
Right of Way Supervisor
Chairman of the Board
_________________________________
Date
_________________________________
ATTEST:
Date
Approved as to form within the
powers and authority of the Board of
Supervisors
Clerk of the Board of Supervisors
_______________________________
Deputy County Attorney Date
Date
8/30/2023
8/30/2023
8/30/2023
Page 3 of 9
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-72-025G
Project No.: TT0630
Project Name: Lindsay Road (Spur Road to Layton Lakes Blvd)
Item No.: D24576 (JR)
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 herein for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Eighty-Four Thousand Two Hundred Sixty-Nine and No/100 Dollars
($84,269.00) as payment in full for the real property described herein.
C. To pay the Grantors the sum of Sixteen Thousand Seven Hundred Four and No/100 Dollars ($16,704.00) as
payment in full for the improvements located on the property described herein and broken out as follows:
6 large palm trees
=$9,000.00
150 LF of vinyl fence
=$2,250.00
6,700 SF of grass
=$3,350.00
704 SF of small river rock
=$3,350.00
320 Sq. Ft. of aggregate at driveway
=$ 704.00
1 mailbox
=$1,000.00
Remove and Reattach CREO Lettering
=$ 400.00
Site Improvements Total
=$16,704.00
D. To pay the Grantors the sum of Two Thousand Nine Hundred Fifty and No/100 Dollars ($2,950.00) as
payment in full for the Temporary Construction Easement on the property described herein.
E. To pay the Grantors the sum of Fifty-Four Thousand and No/100 Dollars ($54,000.00) as payment in full for
the administrative settlement.
F.
As part of the TT0630 Project, there will be an added manhole and sewer stub as shown in the final plans to the
parcel line for future use. All Town of Gilbert sewer customers must be annexed in the Town of Gilbert.
G. As part of the TT0630 Project, a smooth stucco wall will be replaced in between the columns as depicted in the
attached Exhibit by Dibble dated June 28, 2023.
H. As part of the TT0630 Project, the columns will be replaced in kind to match the current frequency of the columns
and current fence as depicted in the attached Exhibit by Dibble dated June 28, 2023.
I.
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.
J.
With respect to the development/redevelopment of the property prior to construction of project TT0630, Grantors
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.
K. Grantee acknowledges that a business and school exists on the property owned by Grantor and agrees that all
construction activities will be conducted in a reasonable manner to not unduly interfere with the operations of the
business and school, including refraining from making excessive noise and permitting reasonable access to the
property at all times. The easement shall automatically terminate 12 months from the initial written notification
of the pending start of construction or completion of the project, whichever occurs first.
THE GRANTORS AGREE:
1.
To grant a Special Warranty Deed for the real 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 Eighty-Four Thousand Two Hundred Sixty-Nine and No/100 Dollars ($84,269.00) as
payment in full for the real property described herein.
3.
To accept the sum of Sixteen Thousand Seven Hundred Four and No/100 Dollars ($16,704.00) as payment in
full for the improvements located on the property described herein and broken out as follows:
6 large Palm trees
=$9,000.00
150 LF of vinyl fence
=$2,250.00
Page 4 of 9
6,700 SF of grass
=$3,350.00
704 SF of small river rock
=$3,350.00
320 Sq. Ft. of Aggregate at Driveway
=$ 704.00
1 mailbox
=$1,000.00
Remove and Reattach CREO Lettering
=$ 400.00
Site Improvements Total
=$16,704.00
4. To accept the sum of Two Thousand Nine Hundred Fifty and No/100 Dollars ($2,950.00) as payment in full
for the Temporary Construction Easement on the property described herein.
5. To accept the sum of Fifty-Four Thousand and No/100 Dollars ($54,000.00) as payment in full for the
administrative settlement.
6. To accept the added manhole and sewer stub as shown in the final plans to the parcel line for future use. Grantor
must annex Grantor’s Property into the Town of Gilbert prior to connecting to the Town of Gilbert sewer system.
7. 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 “I” above.
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
RIGHT OF WAY
OVER A PORTION OF APN 304-72-025G
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, FROM WHICH THE
SOUTHWEST CORNER OF SAID SECTION 17, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;
THENCE UPON AND WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 360.88 FEET;
THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A
DISTANCE OF 33.00 FEET TO THE EAST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO 2017-0606756,
MARICOPA COUNTY RECORDS, ALSO BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, UPON AND WITH THE NORTHERLY LINE OF
SAID PARCEL, SOUTH 89 DEGREES 28 MINUTES 12 SECONDS EAST, A DISTANCE OF 32.00 FEET;
THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST,
A DISTANCE OF 309.63 FEET TO THE SOUTHERLY LINE OF SAID PARCEL;
THENCE UPON AND WITH SAID SOUTHERLY LINE, SOUTH 89 DEGREES 51 MINUTES 41 SECONDS
WEST, A DISTANCE OF 32.00 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE;
THENCE DEPARTING SAID SOUTHERLY LINE, UPON AND WITH SAID EAST RIGHT OF WAY LINE,
NORTH 00 DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE OF 310.01 FEET TO THE POINT
OF BEGINNING AND CONTAINING A COMPUTED AREA OF 9,914 SQUARE FEET OR 0.228 ACRES OF
LAND, MORE OF LESS.
Page 5 of 9
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POINT OF
BEGINNING
33'
FD TOWN OF GILBERT BRASS CAP FLUSH
W 1 / 4 COR SECTION 17, T2S, R6E
POINT OF COMMENCEMENT
co
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32
1
ROW
APN 304-72-025G
INSTR 2017-0606756
EXST
R/W
LINE
L1
L2
L3
L4
L5
L6
LINE DATA TABLE
BEARING
DISTANCE
soo·o8' 19"E
360.88'
N89
°51'41"E
33.00'
S89
°28' 12"E
32.00'
soo·o8' 19"E
309.63'
S89
°s1•41"w
32.00'
NOQ
°08' 19"W
310.01'
NTS
PARCEL AREA:
9,914 SF OR
0.228 ACRES
Page 6 of 9
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
TEMPORARY CONSTRUCTION EASEMENT
OVER A PORTION OF APN 304-72-025G
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, FROM WHICH THE
SOUTHWEST CORNER OF SAID SECTION 17, BEARS SOUTH 00 DEGREES 08 MINUTES 19 SECONDS
EAST, A DISTANCE OF 2633.38 FEET;
THENCE UPON AND WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17,
SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 360.88 FEET;
THENCE DEPARTING SAID WEST LINE, NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A
DISTANCE OF 33.00 FEET TO THE EAST RIGHT OF WAY LINE OF LINDSAY ROAD AND BEING THE
NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN INSTRUMENT NO 2017-0606756,
MARICOPA COUNTY RECORDS;
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, UPON AND WITH THE NORTHERLY LINE OF
SAID PARCEL, SOUTH 89 DEGREES 28 MINUTES 12 SECONDS EAST, A DISTANCE OF 32.00 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 28 MINUTES 12 SECONDS EAST, A DISTANCE OF 10.00
FEET;
THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST,
A DISTANCE OF 122.01 FEET;
THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 5.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 75.00 FEET;
THENCE SOUTH 89 DEGREES 51 MINUTES 41 SECONDS WEST, A DISTANCE OF 5.00 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 19 SECONDS EAST, A DISTANCE OF 112.51 FEET TO THE
SOUTHERLY LINE OF THE AFORESAID PARCEL;
THENCE UPON AND WITH SAID SOUTHERLY LINE, SOUTH 89 DEGREES
51 MINUTES 41 SECONDS WEST, A DISTANCE OF 10.00 FEET;
THENCE DEPARTING SAID SOUTHERLY LINE, NORTH 00
DEGREES 08 MINUTES 19 SECONDS WEST, A DISTANCE
OF 309.63 FEET TO THE POINT OF BEGINNING AND
CONTAINING A COMPUTED AREA OF 3,470 SQUARE
FEET OR 0.080 ACRES OF LAND, MORE OF LESS.
Page 7 of 9
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FD TOWN OF GILBERT BRASS CAP FLUSH
W 1 / 4 COR SECTION 17, T2S, R6E
POINT OF COMMENCEMENT
POINT OF
BEGINNING
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L4
L5
L6
L7
L8
L9
L10
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LINE DATA TABLE
BEARING
DISTANCE
S00-08'19"E
360.88'
N89"51'41"E
33.00'
S89"28'12"E
32.00'
S89"28'12"E
1 o.oo·
soo·os·19"E
122.01'
N89"51 '41 "E
5.00'
S00-08'19"E
75.00'
S89"51 '41 "W
5.00'
soo·os·19"E
112.51'
S89"51 '41 "W
10.00'
N00
°08'19"W
309.63'
NTS
PARCEL AREA:
3,470 SF OR
0.080 ACRES
Page 8 of 9
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LEGEND:
• • • • STORM DRAIN --- WATER LINE
=== WALL
o--3=z STREET LIGHT
R/W
RIGHT -OF-WAY
TCE
TEMPORARY CONSTRUCTION EASEMENT
z
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1 "=20'
LINDSAY ROAD
DIBBLE
FOR SETTLEMENT
PURPOSES ONLY
CREO RE LLC
2 1 31 1 S LINDSAY RD
304-72-025G
NEW RIGHT TURN LANE
REMOVE FENCE & COLUMNS
,,___,.TYP)
181
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gilbert
6/28/23
Page 9 of 9