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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company
Security Title Agency
Date
January 23, 2023
Address
4722 N. 24th Street
Phone
(602) 230-6297
City, State Zip
Phoenix, AZ 85016
Fax
Escrow Officer
Jason Bryant
Email
Jbryant@securitytitle.com
Escrow No.
23200077-023-JB7-SW
Grantor:
City of Phoenix, a municipal corporation
Phone:
(602) 262-6738
Contact
Anita Zubia
Phone:
N/A
Mailing Address:
251 W. Washington St., 8th Floor
Email
Anita.Zubia@phoenix.gov
City, State Zip
Phoenix, AZ 85003
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
Owners Policy Fees
TBD
monetary liens and encumbrances, and leases of any kind.
Title Report Fee
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
Partial Release Fee
the lien of the current year's taxes in full.
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*
$57,350.00
11
Administrative Settlement
$11,750.00
11
Possession date:
Close of escrow:
Date of recording:
Special Conditions Right of Way Contract
Yes
No
Total Compensation
$69,100.00
14
Exhibit "B"
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:
Southern Avenue, 51st Ave to 37th Ave.
PCN:
TT0633
Assessor Parcel No.:
105-89-939
Item No
D23972
Right of Way Agent:
Jordan Ortiz
Telephone #
(602) 675-4191
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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:
City of Phoenix, a municipal corporation
MARICOPA COUNTY DEPARTMENT
MARICOPA COUNTY BOARD OF
OF TRANSPORTATION
SUPERVISORS
Jami R. Schmalz, Deputy Finance Director
_______________________________
_________________________________
_________________________________
Right of Way Supervisor, Interim
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
____
7/13/2023
7/13/2023
GRANTOR
CITY OF PHOENIX, a municipal corporation
Jeffrey J. Barton, City Manager
___________________________
By:
Jami R. Schmalz
Its:
Deputy Finance Director
Date _____________
APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney
___________________________
By:
Paul M. Li
Its:
Assistant Chief Counsel
Date _____________
ATTEST:
___________________________
By:
Denise Archibald
Its:
City Clerk
Date _____________
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Agent J. Rodriguez
Project No. TT0633
Chk:
Tech M.P. (EPS)
Prepaired by: EPS GROUP, INC.
GRANTOR___________DATE__________
Parcel No. 105-89-939
Project No. TT0633
SOUTHERN AVENUE – 51st AVENUE TO 37th LANE
Item No. D23972-FEE
Legal Description for Fee Title
A Fee Title located within a parcel of land described in special warranty deed recorded in document no. 2007-
0322980, official records of Maricopa County Recorder, said easement lying within a portion of Lot 1, 43rd
Avenue and Southern Avenue Basin, according to Book 593 of Maps, Page 42, official records of Maricopa
County Recorder, and lying within a portion of the Northwest Quarter of Section 34, Township 1 North, Range
2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows:
COMMENCING at the northwest corner of said Section 34, said point being marked by a 3-inch Maricopa
County brass cap in hand hole from which the north quarter corner of said Section 33, said point being marked
by a 3-inch Maricopa County brass cap in hand hole, North 89 degrees 51 minutes 43 seconds East, 2,642.32
feet (basis of bearings);
thence along the north line of said Northwest Quarter, North 89 degrees 51 minutes 43 seconds East, 95.38 feet;
thence South 0 degrees 08 minutes 17 seconds East, 55.00 feet to a point on the north line of said parcel, said
point being the POINT OF BEGINNING;
thence South 0 degrees 08 minutes 17 seconds East, 10.00 feet to a point on the south line of the north 65.00 feet
of said Northwest Quarter;
thence along said south line, South 89 degrees 51 minutes 43 seconds West, 12.00 feet;
thence South 45 degrees 16 minutes 01 seconds West, 20.35 feet to a point on the east line of the west 70.00 feet
of said Northwest Quarter;
thence along said east line, South 0 degrees 40 minutes 19 seconds West, 351.13 feet;
thence North 89 degrees 19 minutes 41 seconds West, 15.00 feet to a point on the west line of said parcel;
thence along said west line, North 0 degrees 40 minutes 19 seconds East, 360.26 feet;
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MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Agent J. Rodriguez
Project No. TT0633
Chk:
Tech M.P. (EPS)
Prepaired by: EPS GROUP, INC.
GRANTOR___________DATE__________
thence along said west line, North 45 degrees 24 minutes 14 seconds East, 21.35 feet;
thence along the north line of said parcel, North 89 degrees 51 minutes 43 seconds East, 26.12 feet to the
POINT OF BEGINNING.
The above-described parcel contains 5,882 square feet or 0.1350 acres, more or less, and is depicted on the
attached Exhibit “B”.
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EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 105-89-939
Project No.: TT0633
Project Name: Southern Avenue, 51st Ave to 37th Ave.
Item No.: D23972 (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 Fifty-Seven Thousand Three Hundred Fifty and No/100 DOLLARS
($57,350.00) as payment in full for the real property described herein.
C. To pay the Grantor the sum of Eleven Thousand Seven Hundred Fifty and No/100 Dollars ($11,750.00) as
payment in full for the negotiated Administrative Settlement.
D. 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.
E. With respect to the development/redevelopment of the property prior to construction of project TT0633, 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.
THE GRANTORS AGREE:
To grant a
Warranty 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 To pay the Grantors the sum of Fifty-Seven Thousand Three Hundred Fifty and No/100
DOLLARS ($57,350.00) as payment in full for the real property described herein.
To accept the sum of Eleven Thousand Seven Hundred Fifty and No/100 Dollars ($11,750.00) as payment in
full for the negotiated Administrative Settlement.
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 “ ” above.