HomeMy WebLinkAboutProperty #: P18-002 - 3/22/2018C1 8-0032
THE CITY OF GLENDALE
PURCHASE AGREEMENT P 18-002
Title Company Security Title Agency Date December 6, 2017 T
Address 4722 N. 24th Street, Suite 200 (to be completed by Title Company, if applicable)
City Phoenix Arizona Zip Code 85012
Escrow Officer Bianca Gonzales Phone 602-230-6271
Escrow No. 15160206-015 Fax No. 602-230-6256
Grantor Jimmie M. Huie (a/k/a Jim T. Huie) and John Huie (a/k/a Kaicheng Huie). as Successor Co -Trustees of the Huie Living Trust dated February
20, 1989, as to an undivided 1/3rd interest; and Jack F. Tom, as Successor Trustee of the Tom Living Trust dated August 30, 1989, as to an undivided 1/31
interest; and Chet L. Tam and Gok Kern Tam, Trustees of the Tam Living Trust, created on the 81h day of November, 1989, as to an undivided 1/3 Td interest
Tenant in Possession: Circle K Stores, Inc.
Address 1130 W. Warner Rd., Bldg. B. Tempe AZ 85284
Phone/Fax/Mobile 602-728-4552
Grantee: The City of Glendale, by and through its Transportation Department ("City")
Mailing Address: The City of Glendale, Transportation Department
6210 W. Myrtle Avenue, Glendale, Arizona 85301
The CITY shall pay directly to the Grantor, or deposit with the Title
Company ("Escrow Agent") if escrowed, the purchase price plus all
lawful costs incidental to closing as follows:
Escrow Fees $696.00
Title Policy Fees $600.00
TOTAL ESCROW & TITLE FEES $1,296.00
Recording Fees
Deed $21.00
Easement
Release
TOTAL RECORDING FEES
Other Charges
Release Fees
SRVWUA Fee
Prorated Taxes/Dates
TOTAL OTHER CHARGES
Subtotal Fees
Title Report Credit
Total Closing Costs
Land & Improvements* Landlord
Temporary Construction Easement
Total Purchase Price ESTIMATE
TOTAL WARRANT**
Charges and disbursements to be paid from Grantor's funds as
follows (check all that apply):
❑ Total Acquisition of Grantor's Property: Full release of all
monetary liens and encumbrances, and leases of any kind. Pay in full
all due and delinquent real property taxes and general and special
improvement assessments. Grantor will be charged for any costs
necessary to make the property compliant with the Covenants,
Conditions and Restrictions. Prorate the current year's real property
taxes on closings that occur on or after the 3rd Monday of August each
year. Escrow Agent shall withhold the prorated amounts from each
party and pay the lien of the current year's taxes in full.
® Partial Acguisition of Grantor's Property: Partial release of all
$21.00
monetary liens and encumbrances, and .leases of any kind. At the
discretion of City, pay due and delinquent property taxes and general
and special improvement assessments, including full payment of
taxes and assessments on individual assessor parcels within City's
partial acquisition, and any Certificate(s) of Purchase. The current
year's taxes shall not be prorated regardless of the closing date.
$0.00
❑ Easement(s): Consent to easement(s) by secured party(ies).
$0.00
❑ Other Disbursements:
[I Security Deposits and Prepaid Rents, if Applicable: Grantor
$600.00
agrees to return all security deposits and prepaid rents directly to
$717.00
$18,200.00
lessee(s) outside of escrow.
.*.*****..*...***.**.....*...:.*.........*.......*
$5,540.00
Possession Date: Close of escrow/date of recording.
Special Conditions Right of Way Contract Yes ❑ No
Entry Agreement' Yes ❑. No
*** If yes, City shall pay statutory interest on the "Total Purchase
Price" from _ to the close of escrow/date of recording directly to
$23.740.00
Grantor by separate warrant.
$22M57406= '
❑ Special Instructions/Information:
* Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
THE GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE in a certain conveyance dated November
22, 2017 described in Exhibit "A" 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 the CITY OF GLENDALE; title to said property to pass upon the
acceptance of delivery and possession by the CITY OF GLENDALE.
PROJECT Olive & 591 Ave. Intersection Capacity Improvement PROJECT NO 15TO-265 PARCEL 148-22-001B
The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, mortgage claims, leasehold interests, special assessments, fines, fees or
charges to be paid to the homeowners association and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in
accordance with the terms hereof. If the subject property is encumbered with Covenants, Conditions and Restrictions, the Escrow Agent shall send a Notice of
Pending Sale pursuant to A.R.S. 33-1806.
The Escrow Agent is to withhold $ as a security and/or site -clearance deposit pending satisfactory delivery of the subject property to the City by the Grantor.
Grantor agrees the City may apply the security deposit to payment of any unpaid rents due the City from the Grantor, or to payment for any loss or damage
sustained by the City caused by the Grantor after the date of this agreement. The City will make written authorization to the Escrow Agent for disbursement of the
security deposit in accordance with this agreement, after acceptance of delivery and possession of the subject property.
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 City of Glendale 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 the "City of Glendale."
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 City will pay the costs of any escrow services and/or title insurance desired by it, but 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 this transaction is not handled through a title company, the
conveyance will be delivered direct to the City of Glendale and payment will be made direct from the Grantee to the Grantor and Tenant in Possession after
approval and acceptance by the City of Glendale and the final filing and recording of the documents.
If cost -to -cure moneys have been paid to remove or relocate improvements on the property conveyed, Tenant in Possession agrees to relocate the improvement
not later than 30 days from the date of payment. The Tenant in Possession assumes all liability connected with said removal. It is further agreed that upon
expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of the City of
Glendale, and all rights of the Tenant in Possession to said improvements shall cease and terminate. Tenant in Possession shall be liable for the reasonable costs
incurred in removing said improvements. License is hereby granted to the City of Glendale to enter upon the Grantor's remaining lands where necessary to
accomplish the purpose of this agreement.
If the City is acquiring only a portion of Grantor's property, then Grantor grants to the City, its agents, employees and contractors, the right to enter Grantor's
remaining property as necessary for utility reconnection, driveway reconnection, facilitating removal and replacement of appurtenances where appurtenances are
situated on Grantor's remaining property, and to facilitate sound wall construction on adjacent City -owned right of way, if required. It is further understood and
agreed that this temporary right will expire and terminate thirty (30) days after completion of City's project or one year after the close of escrow whichever occurs
first.
It is understood and agreed the consideration expressed herein is accepted by the Grantor and Tenant in Possession as full and complete compensation for the
interest being acquired, and in settlement for all injury or damage to the Grantor's remaining abutting lands. Further, said consideration shall constitute a waiver of
any and all claims for damages or compensation to said abutting lands that may hereafter arise or result from the establishment and construction of the highway in
the manner proposed by the City, except for the negligence of the City project contractor during the project -construction.
City is acquiring Grantor's property through its right of eminent domain under threat of condemnation; therefore, it is not a voluntary sale in the ordinary course of
real estate negotiation. Further, the settlement herein is in lieu of condemnation and not admissible as evidence of value, nor for any other evidentiary purpose, in
conjunction with any judicial or administrative proceeding.
® Yes ❑ No Addendum attached hereto and made
part hereof
❑ Notice of Pending Sale pursuant to A.R.S 33-1806.
GRANTOR: Jimmie M. Huie (a/k/a Jim T. Huie) and John Huie (a/k/a
Kaicheng Huie), as Successor Co -Trustees of the Huie Living Trust dated
February 20, 1989, as to an undivided 1/31d interest; and Jack F. Tom, as
Successor Trustee of the Tom Living Trust dated August 30, 1989, as to
an undivided 1/3rd interest; and Chet L. Tam and Gok Kem Tam, Trustees
of the Tam Living Trus created on the 81h day of November, 1989, as to
an undivd 1/3rd int st /
te
-7
Date
PROJECT Olive & 591h Ave. Intersection Capacity Improvement
C►4y 04(x-ney
The City of Glendale
By
- - &&_",
Shenique Colight of Way Agent
Approved by: 2�
Its A% 3 CY &,/,:E14 Date / 20 l�
Accepted: City of Glendale l2 12-421 20
BY )cm V b.
DAWD BEARD, CITY ENGINEER
PROJECT NO 15TO-265 PARCEL 148-22-001 B
A T:
City -Clerk
By: Date
�� <- 1 t -
By: Date
Tena session: Circle K Stores Inc., a(Texas corporation
By: 1=k-���-};s P Date
Accepted Date
O FFigER
PROJECT Olive & 591' Ave. Intersection Capacity Improvement PROJECT NO 15TO-265 PARCEL 148-22-001 B
I/'
EXHIBIT "A"
LEGAL DESCRIPTION ION FOR
NEW RIGHT OF WA Y
(Maricopa County Assessor Parcel No. 148-22-001B)
Parcel No. 1
Page b of 3
That part of the Southwest quarter of Section 29, Township 3 North, Range 2 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 29 (brass cap in handhole) from which
the West quarter corner of said Section 29 (brass cap in handhole) bears North 00°39'19" East,
2621.77 feet;
thence North 00°39'19" East, 112.50 feet along the West line of said Section 29;
thence departing said West line of Section 29, South 89°20'41" East, 55.00 feet to the East line of
the West 55.00 feet of said Section 29 and the POINT OF BEGINNING;
thence North 00°39'19" East, 53.10 feet along said East line of the West 55.00 feet of Section 29;
thence departing said East line of the West 55.00 feet of Section 29, South 89°20'41" East, 0.50
feet;
thence South 50°41'06" East, 2.56 feet to the East line of the West 57.50 feet of said Section 29;
thence South 00°39'19" West, 51.50 feet along said East line of the West 57.50 feet of Section
29;
thence departing said East line of the West 57.50 feet of Section 29, North 89°20'41" West, 2.50
feet to the POINT OF BEGINNING.
Said Parcel No. 1 contains 131 square feet or 0.0030 acres more or less.
Parcel No. 2
That part of the Southwest quarter of Section 29, Township 3 North, Range 2 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMJ. ENCT_NG at the Southwest corner of said Section 29 (brass cap in handhole) from which
the West quarter corner of said Section 29 (brass cap in handhole) bears North 00°39'19" East,
2621.77 feet;
thence North 00°39'19" East, 74.50 feet along the West line of said Section 29;
p: resources\survey alpha'59tholimlegals.city of glendale 148-22-001b-row.lgl - mod 171003.docx
Page 2 of 3
thence departing said West line of Section 29, South 89°20'41" East, 55.00 feet to the East line of
the West 55.00 feet of said Section 29 and the POINT OF BEGINNING;
thence departing said East line of the West 55.00 feet of Section 29, South 44120'08" East, 26.89
feet to the North line of the South 55.00 feet of said Section 29;
thence North 89°43'11" West, 19.01 feet along said North line of the South 55.00 feet of Section
29 to said East line of the West 55.00 feet of Section 29;
thence departing said North line of the South 55.00 feet of Section 29, North 00°39'19" East,
19.14 feet along said East line of the West 55.00 feet of Section 29 to the POINT OF
BEGINNING.
Said Parcel No. 2 contains 182 square feet or 0.0042 acres more or less.
Parcel No. 3
That part of the Southwest quarter of Section 29, Township 3 North, Range 2 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 29 (brass cap in handhole) from which
the South quarter corner of said Section 29 (brass cap in handhole) bears South 89°43'11" East,
2636.87 feet;
thence South 89°43'11" East, 107.87 feet along the South line of said Section 29;
thence departing said South line of Section 29, North 0016'49" East, 55.00 feet to the North line
of the South 55.00 feet of said Section 29 and the POINT OF BEGINNING;
thence departing said North line of the South 55.00 feet of Section 29 and continuing North
00°1649" East, 3.00 feet to the North line of the South 58.00 feet of said Section 29;
thence South 89°43'11" East, 64.50 feet along said North line of the South 58.00 feet of Section
29:
thence departing said North line of the South 58.00 feet of Section 29, South 00'16'49" West,
3.00 feet to said North line of the South 55.00 feet of Section 29;
thence North 8943'11" West, 64.50 feet along said North line of the South 55.00 feet of Section
29 to the POINT OF BEGINNING.
Said Parcel No. 3 contains 194 square feet or 0.0044 acres more or less.
pAresounces�survey alphal59tholive.legals city of glendaleA48-22-00Ih-row.lgl -mod 171003.docx
Page 3 of 3
Parcel No. 4
That part of the Southwest quarter of Section 29, Township 3 North, Range 2 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 29 (brass cap in handhole) from which
the South quarter corner of said Section 29 (brass cap in handhole) bears South 89°43'11" East,
2636.87 feet;
thence South 89°43'11" East, 192.37 feet along the South line of said Section 29;
thence departing said South line of Section 29, North 00°16'49" East, 55.00 feet to the North line
of the South 55.00 feet of said Section 29 and the POINT OF BEGINNING;
thence departing said North line of the South 55.00 feet of Section 29 and continuing North
009649" East, 3.00 feet to the North line of the South 58.00 feet of said Section 29;
thence South 89°43'11" East, 13.01 feet along said North line of the South 58.00 feet of Section
29 to the East line of the West 205.00 feet of said Section 29;
thence departing said North line of the South 58.00 feet of Section 29, South 00°39'19" West,
3.00 feet along said East line of the West 205.00 feet of Section 29 to said North line of the
South 55.00 feet of Section 29;
thence departing said East line of the West 205.00 feet of Section 29, North 89°43'11" West,
12.99 feet along said North line of the South 55.00 feet of Section 29 to the POINT OF
BEGINNING.
Said Parcel No. 4 contains 39 square feet or 0.0009 acres more or less.
Said Parcel Nos. 1, 2, 3 and 4 contain a total of 546 square feet or 0.0125 acres more or less.
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DATA
EXHIBIT MAP
LEGAL DESCRIPTION FOR
NEIN RIGHT OF WAY
(Maricopa County Assessor Parcel No. 148-22-001B)
30 29
w
Z
w
a
L
10
13
9
Parcel No. 2-
1 182 sf
30 29
31 32
TABLE
29
21
OLIVE AVENUE \ 32
1
N00039'
19" E
2621. 77'
11
S44020'
08"
E
26. 89'
21
S89043'
1 1" E
192. 37'
2
N00°
39'
19" E
112. 50'
12
N89043'
1 1"
W
19. 01'
22
N00° 16'
49" E
55. 00'
3
S89020'
41" E
55. 00'
13
NOO°
39'
19"
E
19, 14'
23
N00°
l6'
49" E
3. 00'
4
N00039'
19" E
53. 10'
14
S89043'
1 1"
E
2636, 87'
24
S89043'
1 1" E
13. 01'
5
S89020'
4 1" E
0, 50'
15
S89043'
11"
E
107, 87'
25
S00039'
19" W
3, 00'
6
S500
4 P
06" E
2. 56'
16
N00°
16'
49"
E
55. 00'
26
N89043'
11" W
12, 99'
7
SOO"
39'
19" W
5 1, 50'
17
N00°
16'
49"
E
3. 00'
8
N89020'
4 1" W
2. 50'
18
S89043'
1 1"
E
64. 50'
9
N00039'
19" E
74. 50'
19
S00°
16'
49"
W
3. 00'
0
20 40
10
S89020'
4 1" E
55. 00'
20
N89043'
11"
W
64. 50'
Scale
RVICES,Ina
AECO��
59th Ave
& Olive Ave
AAEPhoenix,
SURVEY / RIGHT OF WAV
7720 Nh16thSt,Suitte 00TENICAL
Arizona
602.371. 1100 www.aecom.com
MCR APN
148-22-0018
Sheet
1 of 1
10/3/2017
12:29:42 PM
...\cadd\row\148-22-001b-rcw.dgn
ADDENDUM TO PURCHASE AGREEMENT
The City of Glendale, Arizona ("City") and Jimmie M. Huie (a/k/a Jim T. Huie) and John Huie (a/k/a
Kaicheng Huie), as Successor Co -Trustees of the Huie Living Trust dated February 20, 1989, as to an
undivided 1/3' interest; and Jack F. Tom, as Successor Trustee of the Tom Living Trust dated August 30,
1989, as to an undivided 1/3' interest; and Chet L. Tam and Gok Kern Tam, Trustees of the Tam Living
Trust, created on the 8' day of November, 1989, as to an undivided 1/3' interest ("Grantor") further agree
as follows:
I. Property. Grantor agrees to sell the Property, more particularly described on Exhibit A of the
Purchase Agreement, to City and City agrees to purchase the Property from Grantor.
II. Possession and Risk of Loss. Possession of the Property shall be delivered to City upon the close
of escrow, if escrowed, or upon receipt of payment. The risk of loss or damage to the Property and all
liability to third persons shall be borne by Grantor until the Property has been delivered to City.
III. Grantor's Representations and Warranties. Grantor makes the following representations and
warranties which shall apply to the property, which are agreed to constitute a material part of the
consideration hereunder, which are true and accurate as of the date of this Agreement, will be true and
accurate as of the close of escrow or receipt of payment, and which shall survive closing and this
Agreement:
(a) Title. Fee simple title to the Property is currently vested in Grantor;
(b) Violations: Consents: Defaults. Neither the execution of this Agreement nor the performance
hereof by Grantor will result in any breach or violation of the terms of any law, rule, ordinance,
or regulation or of any decree, judgment or order to which Grantor is a party now in effect from
any court or governmental body. There are no consents, waivers, authorizations or approvals
from any third party necessary to be obtained by Grantor to carry out the transactions
contemplated by this Agreement. The execution and delivery of this Agreement and
performance hereof by Grantor will not conflict with, or result in a breach of, any of the terms,
conditions or provisions of, or constitute a default under or result in the creation of any new, or
the acceleration of any existing, lien, charge, or encumbrance upon the Property, or any
indenture, mortgage, lease, agreement or other instrument to which Grantor is a party or by
which Grantor or any of its assets may be bound;
(c) Litigation. Grantor is not a party to any pending or threatened action, suit, proceeding or
investigation, at law or in equity or otherwise, in, for or by any court or governmental board,
commission, agency, department or officer, arising from or relating to the Property or to the
past or present operations and activities of Grantor upon or relating to the Property;
(d) Leases and Agreements. There are no unrecorded leases, arrangements, agreements,
understandings, options, contracts, or rights of first refusal, or liens on crops affecting or relating
to the Property in any way;
(e) Compliance. To the best of the Grantor's knowledge, Grantor has complied, in all respects,
with all laws, ordinances, rules, regulations, requirements and orders of federal, state, or local
governments and/or their agencies with respect to the Property;
(f) Environmental Matters. Grantor has not been advised that either Grantor or the Property is in
material violation of applicable environmental law, regulation, ordinance or order of any
government entity;
1 04.06.17
(g) Taxes. Grantor does not have any liability for any taxes, or any interest or penalty in respect
thereof, of any nature that may be assessed against City or that are or may become a lien against
the Property; and
(h) Mechanics' Lien. No work has been performed on or about the Property or to any
improvements located thereon within six months prior to the opening of escrow that give rise to
any mechanics' or materialmen's liens whatsoever.
IV. Indemnity. Grantor hereby covenants and agrees to indemnify and hold City harmless for, from,
and against all claims, damages, costs, and expenses (including attorney's fees) relating in any way to the
Property and accruing prior to the close of escrow or receipt of payment, even though now unknown and
unsuspected. These obligations shall survive this Agreement.
V. Dispute Resolution. This Agreement shall be governed by the laws of the State of Arizona. Both
parties hereby waive any right to a jury trial which they may otherwise have in the event of any controversy
or claim arising out of or relating to this Agreement, or the breach thereof, and consent to a trial in a court
of competent jurisdiction in Maricopa County, Arizona.
CITY OF GLENDALE:
3��
By: - `�/� �• fr
Its:
Date
ATTEST:
Julie Ewer
Ci erk
APPROVED AS TO FORM:
.Bailey
City Attorney
GRANTOR:
By: 0,Date
B Date
Date
r� zz -17
By: Date
By: Date
Tenant in Possession:
CircleK St es Inc. Texas corporation
� -sb
By: 00% % ate
04.06.17
Security Title A,gency
WHEN RECORDED RETURN
City of Glendale
6210 W. Myrtle Ave.
Glendale, Arizona 85301
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20180216385 03/22/2018 03:53
ELECTRONIC RECORDING
15160208-6-1-1--
Yorkm
OR � G3 � N A L
C1 8-0032
Cl-fiA 0 1b, IS(VOW1
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3
CITY OF GLENDALE
WARMANTY DEED PN� S
For consideration of Ten and 00/100 Dollars, and other valuable consideration, Jimmie M. Huie
(a/k/a Jim T. Huie) and John Huie (a/k/a Kaicheng Huie), as Successor Co -Trustees of the Huie
Living Trust dated February 20, 1989, as to an undivided 1/31 interest; and Jack F. Tom, as
Successor Trustee of the Tom Living Trust dated August 30, 1989, as to an undivided 1/3'
interest; and Chet L. Tam and Gok Kern Tam, Trustees of the Tam Living Trust, created on the
8t' day of November, 1989, as to an undivided 1/3d interest, ("Grantor"), does hereby convey to
the CITY OF GLENDALE, an Arizona Municipal Corporation ("Grantee"), the following
described real property situated in Maricopa County, Arizona (the "Property"):
SEE EXHIBIT "A" ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF
Pursuant to A.R.S. 33-404 the Name(s) and Address(es) of the Beneficiary(ies) is/are:
Jim Huie, John Huie & Mon S. Yee, 12034 N. 351 Avenue, Phoenix, AZ 85029
Jack F. Tom, 12034 N_ 351h Avenue, Phoenix, AZ 85029
Chet L. Tam & Gok Kem Tam, 12034 N. 35' Avenue, Phoenix, AZ 85029
SUBJECT TO current taxes and assessments, reservations and all easements, rights of way, covenants,
conditions, restrictions, liens and encumbrances of record.
IN WITNESS WHEREOF, this instrument is executed this 0-7— day of V0 -61k 6/r/ , 20,6
By: By:
c � •u�('JtsSo� _
B tcl 0" i'u By: ��
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Sum° NOTARY CERTIFICATION
Capacity claimed by signer(s)
Individual
Corporate
Trustee(s) ✓
Other s _
ouKt L1V1V q T� S± OM WjiylGl TMSki (AM ljVt;Lj i►'`uS�"'
Entity(ies) Represented
>�s+s S a✓
Title of Signer
State Of Aazo rLck )
SS
County Of OVA- t Co P� )
Before me, the undersigned officer/notary
IN WITNESS, my hand and official seal
Personally known —OR- proved to me to be
the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to (Signature of N ry)
me that he/she/they executed the same in - ....."''.'....
his/her/their authorized capacity(ies), and that M
�'IIpL, .;11M�AINl4NA . .
by his/her/their signature(s) on the instrument
the person(s), or the entity on behalf of which
the person(s) acted, executed the instrument.
Approved by the City of Glendale, by and through its Transportation Department
Accepted: City of Glendale bjGWt- 66it, 90 , 20
By
I
EXMIT "Alt
LEGAL DE.SCR[P77ON FOR
NEW RIGHT OF WA Y
(Maricopa County Assessor Parcel No. 148-22-001B)
Parcel No. 1
Page 1 of 3
That part of the Southwest quarter of Section 29, Township 3 North, Range 2 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 29 (brass cap in handhole) from which
the Nest quarter corner of said Section 29 (brass cap in handhole) bears North 00°39'19" East,
2621.77 feet;
thence North 00°39'19" East, 112.50 feet along the West line of said Section 29;
thence departing said Nest line of Section 29, South 89°20'41" East, 55.00 feet to the East line of
the'West 55.00 feet of said Section 29 and the POINT OF BEGINNING;
thence North 00°39'19" East, 53.10 feet along said East line of the West 55.00 feet of Section 29;
thence departing said East line of the Nest 55.00 feet of Section 29, South 89°20'41" East, 0.50
feet;
thence South 50°41'06" East, 2.56 feet to the East line of the West 57.50 feet of said Section 29;
thence South 0039'19" Test, 51.50 feet along said East line of the West 57.50 feet of Section
29;
thence departing said East line of the Nest 57.50 feet of Section 29, North 89°20'41" West, 2.50
feet to the POINT OF BEGINNING.
Said Parcel No. 1 contains 131 square feet or 0.0030 ares more or less.
Parcel No. 2
That part of the Southwest quarter of Section 29, Township 3 North, Range 2 East,.Gila; and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
CO-M—NIIENCING at the Southwest corner of said Section 29 (brass cap in liandrole) frown which
the West quarter corner of said Section 29 (brass cap in handhole) bears North 00°39'19" East,
2621.77 feet;
thence North 00°39'19" East, 74.50 feet along the West line of said Section 29;
p: resourceslsuriey alpha•59tholive+legals•city ofl lendalv-148-22-0016-row.lgi - mod 171003.doc;
Page 2 of 3
thence departing said West line of Section 29, South 89°20'41" East, 55.00 feet to the East line of
the West 55.00 feet of said Section 29 and the POINT OF BEGINNING;
thence departing said East line of the Nest 55.00 feet of Section 29, South 44°20'08" East, 26.89
feet to the North line of the South 55.00 feet of said Section 29;
thence North 89°43'11" West, 19.01 feet along said North line of the South 55.00 feet of Section
29 to said East line of the Nest 55.00 feet of Section 29;
thence departing said North line of the South 55.00 feet of Section 29, North 00°39'19" East,
19.14 feet along said East line of the Nest 55.00 feet of Section 29 to the POINT OF
BEGINNING.
Said Parcel No. 2 contains 182 square feet or 0.0042 acres more or less.
Parcel No. 3
That part of the Southwest quarter of Section 29, Township 3 North, Lange 2 East, Gila and Salt
Diver Meridian, lblaricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 29 (brass cap in handhole) from which
the South quarter corner of said Section 29 (brass cap in handhole) bears South 89°43'11" East,
2535.87 feet;
thence South 89°43'11" East, 107.87 feet along the South line of said Section 29;
thence departing said South line of Section 29, North 00°15'49" East, 55.00 feet to the North line
of the South 55.00 feet of said Section 29 and the POINT OF BEGINNING;
thence departing said North line of the South 55.00 feet of Section 29 and continuing North
00'16'49" Fast, 3.00 feet to the Nortd, line of the South 58.00 feet of said Section 29;
thence South 8943'11" East, 54.50 feet along said North line of the South 58.00 feet of Section
29:
thence departing said North line of the South 58.00 feet of Section 29, South 00'16'49" West,
3.00 feet to said North line of the South 55.00 feet of Section 29;
thence North 89°43'11" West, 54.50 feet along said North line of the South 55.00 feet of Section
29 to the POINT OF BEGINN, ING.
Said Parcel No. 3 contains 1.94 square feet or 0.0044 acres more or less.
pAmsourceslsurvey alpha159tholive.legals city afglendale 143-22-00lb-row.1gl -mod 171903.docx
Page 3 of 3
Parcel No. 4
That part of the Southwest quarter of Section 29, Township 3 North, Range 2 East, Gila and Salt
River Meridian, Maricopa County, Arizona, being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 29 (brass cap in handhole) from which
the South quarter corner of said Section 29 (brass cap in handhole) bears South 89°43'11" East,
2635.87 feet;
thence South 89°43'11" East, 192.37 feet along the South line of said Section 29;
thence departing said South line of Section 29, North 0001614911 East, 55.00 feet to the North line
of the South 55.00 feet of said Section 29 and the POINT OF BEGINNING;
thence departing said North line of the South 55.00 feet of Section 29 and continuing North
00°15'49" East, 3.00 feet to the North line of the South 58.00 feet of said Section 29;
thence South 89°43'11" East, 13,01 feet along said North line of the South 58.00 feet of Section
29 to the. East line of the West 205.00 feet of said Section 29;
thence departing said North line of the South 58.00 feet of Section 29, South 00°39'19" West,
3.00 feet along said East line of the Nest 205.00 feet of Section 29 to said North line of the
South 55.00 feet of Section 29;
thence departing said East line of the 'Nest 205.00 feet of Section 29, North 89°43'11" Nest,
12.99 feet along said forth line of the South 55.00 feet of Section 29 to the POINT OF
BEGINNING.
Said Parcel No. 4 contains 39 square feet or 0.0009 acres more or less.
Said Parcel Nos. 1, 2, 3 and 4 contain a total of 546 square feet or 0.0125 acres more or less.
'F/ CAT
° 30229 �
lI 6JA
KiNEZF410.
pAresourcesksurvey'alpha 59tholive•legais city ofglendale 143-22-00lb-row.igi - mod 171003.docx
EXHIBIT MAP
LEGAL DESCRIPTION FOR
NEW RIGHT OF WAY
(Mar1copa County Assessor Parcel No. 148-22-001B)
30 29
W
z
Lit
Q
M
I—
Ln
-----------
---1- -- ---
13
Parcel No. 2-
1 182 sf
30 1 29
31 32
DATA TABLE
�j
-Parcel No. 1
131 s f
;ICA?t
392'29 o
1LIJA
EZEVIC4
0
z
4--
V
Lrc) Q
f-1
CL - y
25
�-Parcel No. 4
39 sf
22
I
21 �
29
OLIVE AVENUE �� 322
1
N00°
39'
19" E
2621. 77'
11
S44°
20'
08" E
26. 89'
21
S89043'
1 1" E
192. 37'
2
N00°
39'
19" E
112. 50'
12
N89043'
1 1" W
19. 01'
22
N00°
16' 49" E
55. 00'
3
S890
20'
4 1 " E
55. 00'
13
N00°
39'
19" E
19. 14'
23
NOW
16' 49" E
3.0 0'
4
N00°
39'
19" E
53. 10'
14
S89043'
1 1" E
2636. 87'
24
S890431
1 1" E
13.01'
5
S890
20'
4 1" E
0, 50'
15
S89043'
1 1" E
107. 87'
25
S00°
39' 19" W
3.00
6
S500
4 P
06" E
2. 56'
16
N00°
16'
49" E
55. 00'
26
N89°
43' 1 1" W
12.99-
7
S00°
39'
19" W
5 1. 50'
17
N00°
16'
49" E
3. 00'
8
N89°
20'
4 1" W
2. 50'
1.8
S89043'
1 1" E
64. 50'
t
9
N00°
39'
19" E
74. 50'
19
S00'
16'
49"'W
3. 00'
0
20 40
10
S890
20' 4 1" E
55. 00'
20
N89°
43'
1 1" W
64. 50'
Scale
AECOM Inc.
CSt,
59th
59th Ave
�l,{� Olive Ave
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SURVEY / RIGH9' OF UYtiY
77 0 N 16th Suite 100
Phoenix, 1.110Arizona 85020
602.379.9900 www.aecom.cam
MCR PN
Pi t`a
1Q"'G8-22-0018
Sheet
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10/3/2017
12.29:42 PM
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-.r
SECURITY
T I TLE AGENCY
March 23, 2018
Tierra Right of Way Services
Attn: Shenique Colby
2001 W Camelback Rd., #285
Phoenix, AZ 85015
Mailed
Re: Property Address: 5848 W OLIVE -AVE, Glendale, AZ 85302
Parcel: 148-22-001-B
Escrow No.: 15160208 - 015 - BG
4722 N. 24th St. Ste. 200
Phoenix, AZ 85016
Phone: (602) 230-6271
Fax: (602) 926-0452
Enclosed herein please find the following documents in connection with the closing of the above referenced escrow:
0 Closing Funds Receipt
0 Purchase Agreement
0 Original Recorded Warranty Deed
0 Copy of the Fully Executed Settlement Statement
0 Certified copy of the Final Settlement Statement
Thank you for your business! It has been a pleasure working with you. If you should have any questions, please do
not hesitate to contact me.
Sincerely,
c r' itle Agency, Inc.
i nza es
s row ffi r
Agntclo
ESCROW DEPOSIT RECEIPT
Date: 2/7/2018
Received from:
For Credit to:
Property Address:
Type of Transaction:
of Glendale
A..F Jam_ 1 1
Jimmie M Huie (AKA Jim T Hui
5848 W OLIVE AVE Glendale, AZ 85302
Closinq Funds
TOTAL: $24,457.00 US Bank
BY:
ALL CHECKS RECEIVED SUBJECT TO COLLECTION
Payments accepted only if such payment is in accordance with terms of contract
No: 15002267
Escrow No. 15160208 - 015 - BG
Bianca Gonzales
2/7/2018 4:26:19PM
Notice of Closing Protection. Pursuant to A.R.S. §6-841 02, buyers and sellers of a residential dwelling are notified that the title insurer shall offer, on
request, a closing protection letter that provides protection for the loss of escrow monies due to fraud or dishonesty of the escrow agent. For purposes of
this notice, "residential dwelling" means an owner occupied structure or an investment property that is designed for residential use by four or fewer families.
If you do not set up an interest bearing account, as a result, Security Title Agency may receive an array of bank services, accommodations or other
benefits from the depository, which shall accrue to Security Title Agency and its affiliates. Security Title Agency will have no obligation to account to you
the value of such services, accommodations or other benefits.
Notice of Right to Earn Interest. Pursuant to A.R.S. §6-834(D), notice is hereby given of the right to earn interest on escrowed funds. An interest bearing
account may be opened on your behalf, as follows:
1. You must ask your escrow agent to set up an interest bearing account on your behalf
2. You agree to pay the escrow service charge in the amount of $100.00 for establishing such an account.
3. To establish an interest bearing account, ask for an "Interest Bearing Account Authorization" You may also be asked to complete an IRS form W9 and /
or provide your U.S. taxpayer identification number as may be required by the depository to establish such an account. Any forms requested must be
completed and returned to your escrow agent before such an account can be opened with the depository.
4. You may contact your escrow agent at Security Title Agency 4722 N. 24th St. Ste. 200, Phoenix, AZ 85016. Phone (602) 266-3298. Interest earned is
dependent upon the amount of the deposit, the time of deposit and prevailing interest rate at the time.
Pursuant to A.R.S. §6-841.03. Notice is hereby given that the monies deposited into an escrow account are not insured against loss from
fraud or theft by the State of Arizona or the United States government. However, escrowed funds are deposited with depositories that are
insured by the Federal Deposit Insurance Corporation.
Copy of the foregoing provided to the following:
1. Seller
2. Buyer
4722 N. 24th St. Ste. 200, Phoenix, AZ 85016
(602) 230-6271
SECURITY TITLE AGENCY, INC.
4722 N. 24th St. Ste. 200, Phoenix, AZ 85016
Phone: (602) 230-6271 Fax: (602) 928-0452
Combined Settlement Statement
Estimated
Escrow No: 15160208 - 015 BG Close Date: Proration Date: Disbursement Date:
Buyers)/Borrower(s): The City of Glendale, by and through its Transportation Department
Seller(s): _ as Successor Trustee(s) of the Hula Living Trust dated February 20,1989
CHET L. TAM AND GOK KEM TAM, Trustees of the Tam living Trust dated November 8, 1989
JACK F. TOM AND PAULINE TOM, Trustees of Tom Living Trust dated August 30, 1989
Property: 5848 W OLIVE AVE
Glendale, AZ 85302
Brief Legal:
Seller Debi
AS®Ilor'Cradlt';
Description
" `Buyer Deblt
Buyer Ciedlt'
TOTAL CONSIDERATION:
23,740.00
Total Consideration
23,740.00
Title Report
600.00
ESCROW CHARGES:
Escrow Charge to Security Title Agency, Inc.
696.00
TITLE CHARGES:
Title Report to Security Title Agency, Inc.
600.00
,
Owners Policy ($600$600 (PTR CREDIT))
for $18,200.00 to Security Tills Agency,
Inc.
.
RECORDING FEES:
_j
Recording.Fee to Security Title Agency, Inc.
21.00
0.00
23,740.00
Sub Totals - "` "'
25,057.00
', _ 600.00
23,740.00
Proceeds Due Seller Balance Due From Buyer
24,457.00
23,740.00.
23,740.00
Totals
25,057.00
25,057.00'
It Is agreed by the undersigned that the foregoing statement may change if a change in the escrow closing occurs or if other unforeseen
contingencies arise. In the event changes in the statement become necessary, you are nevertheless authorized to close this escrow. It is
understood that we will receive a final statement of account If the above totals are changed.
APPROVED AND ACCEPTED THIS - (AP -,,PAYOF
Printed by Blanca Gonzales on 12/5/2017 - 4:47:08PM Page 1 of 2
r
SECURITY TITLE AGENCY, INC.
4722 N. 24th St. Ste. 200, Phoenix, AZ 85016
Phone: (602) 230-6271 Fax: (602) 926-0452
Combined Settlement Statement
Estimated
Escrow No: 15160208 - 015 BG Close Date: Proration Date: Disbursement Date:
Buyer(s)/Borrower(s):
The City of Glendale, by and through Its Trensponallon Department
Its:
seller(s):
as SuocessorTrustee(s) Df the Hula Living Trust dated February20,1989
By.
its: Successor Trustee
CHET L. TAM AND GOK KEM TAM, Trustees of the Tam living Trust dated November 8, 1989
By:
Its:
JACK F TOM AND PAULINE TOM, Trustees of Tom Living Trust dated August 30,1989
By:
Its:
Settlement Agent:
SecurltyTitle Agency, Inc.
by Blanca Gonzales
Printed by Bienca Gonzales on 12/5/2017 - 4:47:08PM Page 2 of 2
SECURITY TITLE AGENCY, INC.
4722 N. 24th St. Ste. 200, Phoenix, AZ 85016
Phone: (602) 230-6271 Fax: (602) 926-0452
Combined Settlement Statement
Final
Escrow No: 15160208 - 015 BG Close Date: 03/22/2018 Proration Date:
Disbursement Date: 03/22/2018
Buyer(s)/Borrower(s): The City of Glendale, by and through its Transportation Department
I do hereby certify this to be a true and correct copy
Seller(s): Jimmie M. Huie (AKA Jim T. Huie) and John Huie (AKA Kaicheng Huie) as
of the original.
Successor Trustee(s) of the Huie Living
h /7
Trust dated February 20,1989 Security Title Agenc-�11k-1141
CHET L. TAM AND GOK KEM TAM, Trustees of the Tam living Trust dated -November 8,1
Mist -30.1989
JACK F. TOM AND PAULINE TOM, Trustees of Tom Living Trust dated
u
Property: 5848 W OLIVE AVE
Glendale, AZ 85302
Brief Legal:
$eller Debit
4r. Seller Credit
;> Desariptiori `
Btayer°Debit
Biryer Credit'
,
TOTAL CONSIDERATION:
23,740.00
Total Consideration
23,740.00
Title Report
600.00
Closing Funds
24,457.00
ESCROW CHARGES:
Escrow Charge to Security Title Agency, Inc.
696.00
TITLE CHARGES:
Title Report to Security Title Agency, Inc.
600.00
Owners Policy ($600-$600 (PTR CREDIT))
for $18,200.00 to Security Title Agency,
Inc.
RECORDING FEES:
Recording Fee to Security Title Agency, Inc.
21.00
0.00
23,740.00
Sub Totals
25,057.00
25,057.00
23,740 00
Proceeds Due Seller
23,740.00
23,740.00
Totals
25,057.00
25,057.00
It is agreed by the undersigned that the foregoing statement may change if a change in the escrow closing occurs or if other unforeseen
contingencies arise. In the event changes in the statement become necessary, you are nevertheless authorized to close this escrow. It is
understood that we will receive a final statement of account if the above totals are changed.
APPROVED AND ACCEPTED THIS
DAY OF
Printed by Bianca Gonzales on 3/22/2018 - 4:33:46PM Page 1 of 1
SECURITY TITLE AGENCY, INC.
4722 N. 24th St. Ste. 200, Phoenix, AZ 85016
Phone: (602) 230-6271 Fax: (602) 926-0452
Combined Settlement Statement
Estimated
Escrow No: 15160208 - 015 BG Close Date: Proration Date: Disbursement Date:
Buyer(s)/Borrower(s): The City of Glendale, by and through its Transportation Department
Seller(s): Jimmie M. Huie (AKA Jim T. Huie) and John Huie (AKA Kaicheng Huie) as Successor Trustee(s) of the Huie Living
Trust dated February 20,1989
CHET L. TAM AND GOK KEM TAM, Trustees of the Tam living Trust dated November 8, 1989
JACK F. TOM AND PAULINE TOM, Trustees of Tom Living Trust dated August 30,1989
Property: 5848 W OLIVE AVE
Glendale, AZ 85302
Brief Legal:
Seller Debit
Seller Credit
Description
Buyer Debit
Buyer Credit
TOTAL CONSIDERATION:
23,740.00
Total Consideration
23,740.00
Title Report
600.00
Closing Funds
24,457.00
ESCROW CHARGES:
Escrow Charge to Security Title Agency, Inc.
696.00
TITLE CHARGES:
Title Report to Security Title Agency, Inc.
600.00
Owners Policy ($600-$600 (PTR CREDIT))
for $18,200.00 to Security Title Agency,
Inc.
RECORDING FEES:
Recording Fee to Security Title Agency, Inc.
21.00
0.00
23,740.00
Sub Totals
25,057.00
25,057.00
23,740.001
Proceeds Due Seller
23,740.001
23,740.00
1 Totals
25,057.00
25,057.00
It is agreed by the undersigned that the foregoing statement may change if a change in the escrow closing occurs or if other unforeseen
contingencies arise. In the event changes in the statement become necessary, you are nevertheless authorized to close this escrow. It is
understood that we will receive a final "statement ofaccountif the above totals are changed.
APPROVED AND ACCEPTED THIS DAY OF
Buyer(s)/Borrower(s):
The City of Glendale, by and through its Transportation Department
By:
Its:
Seller(s):
Jimmie M. Hu' (A im T. Huie) and John Huie (AKA Kaicheng Huie) as Successor Trustee(s) of the Huie Living Trust dated February
20,1989
JJJZr�
i Hui uccesso o Trustee
s By: JohnHuie, Successor Co -Trustee
CHET L. TAM AND GOK KEM
TAM, Trustees of the_Tam living Trust
Chet L. Tam,
Gok Kem Tam, Trustee
JA
V F. TOM AND PAULINE TOM, Trustees of Tom Living Trust dated August 30,1989
F Tork Successor
Printed by Bianca Gonzales on 2/15/2018 - 2:56:42PM
Page 1 of 2
Escrow No: 15160208 - 015 BG
Settlement Agent:
SECURITY TITLE AGENCY, INC.
4722 N. 24th St. Ste. 200, Phoenix, AZ 85016
Phone: (602) 230-6271 Fax: (602) 926-0452
Combined Settlement Statement
Estimated
Close Date: Proration Date:
Printed by Bianca Gonzales on 2/15/2018 - 2:56:42PM
Disbursement Date:
Page 2 of 2