HomeMy WebLinkAboutProperty #: C17-0049 - 1/18/2017C 17-0049
CITY OF GLENDALE
PURCHASE AGREEMENT
Title Company u Title PURCHASE
Address 3800 N Central Avenue 3'd Floor
City Phoenix
(to be completed by Title Company, If applicable)
Arizona
Escrow Officer Jason nt
Zip Code 85012
Phone
Escrow No.
Grantor WS, Ma IIM
47
Fax No.
no
Address 1051. Phoenix. Adzm
Phone/Fax/Mobile/Email
Grantee: The City of Glendale, by and through its Transportation Department
Mailing Address: City of Glendale, Transporledon Department
5290 West Myrtle Avenue, Building S. Glendale, Arizona 85301
The CITY shall pay directly to the Grantm or deposit with the
Title Company ("Escrow A fpnt"j if escrowed, the
Charges and disburse nrenta to be paid from es fonds as
purchase price
pini all lawful costs incidental to dosing as follows:
follows (chem* an that apply):
�'
Escrow Fees
Title Policy Fees '""—
Full release of all
monetary liens and ems, and leases of any ldnd. Pay in full
TOTAL ESCROW & TITLE FEES $0.00
all due and delinquent real property taxer and general and special
Improvement assessments. Grantor will be charged for any coats
Recording Fees
Deed
necessary to make the property compliant with the Covenants,
Conditions and Restrictions. Prorate the current year's real property
Easement
Release
taxes on dosings that occur on or after the aro Monday of August
each year. Escrow Agent shall withhold the prorated amounts from
each party and pay the Nen of the current year's fazes In full.
TOTAL RECORDING FEES0 g0
® Partial release of all
monetary hens and encumbrances, and leaser of any ldnd. At the
Other Charges
discration of City, pay due and delinquent property taxes and general
Release Fees
SRVWUA Fee —
and special improvement assesemente, Including full payment of
taxes and assessments on Indlvidusl assessor parcels within City's
Prorated Taxes/Dates
partial requisition; and any CertificaN(s) of Purchase. The current
year's hum shall W be prorated regardless of the dosing
data.
TOTAL OTHER CHARG 30.00 ._.�
❑ : Consent to easement(s) by secured party(ies).
Subtotal Fees 30.00
❑ Qther DisburremKriae;
We Report Credit
Total Closing Costs --- t)
: Grantor
agrees to mtum all security deposits and prepaid rents directly to
Land & Improvements"9'! 335.
16s"6(s) outside of escrow.
Administrative settlement0
Possession pate: Close of escroavldate of recording.
Special Conditions Right of Way Contract Yes ❑ No
Entry Agreement— yes Q No
"" If yes, Cky shall pay statutory Interest on the "Total Purehass
Total Purchase Price (rounded) 181 0 .
Price°' from to the doss of escrowtdste of recording
directly to Grantor by separate warren.
TOTAL WARRANT'"* =2,400,000.00
"title policy fess based on this amount only.
"`Sum of "Total Clearing Costs" and "Total Purchase Pries" only.
THE GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE in a certain oonveyance dated 9015118
described In Exhibit W and depicted In Exhibit `B' 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 b
Trensportation,_TZia seller est b r a letter of lease #WrWnnBnn
and through its Department of
� 44,E Y . g I�
MIS EuBrdiffiE,AG SERVE AS THE ESCR _
STRUCTrDMg
The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, mortgage claims, leasehold irdwsats, s
cMadanceharges to be paid to the homeowners association and other encumtmancee as may be arttlrorited for payment, and Medal oa hail be pefa h�
H Seale PwithHBUUBM to A.Rthe larms R..8�33!1�5� to encumbered vuAh Covenants, Conditions and ResbWOne, the Effc" Agent Shelr send a notice of
The Grantor agrees that should further encumbrances
monetary Aeras, leases, be attached to this property aub)ect to this transaction during lite escrow period, including but not AmRed to,
essamente and Permits, Grantor shall remain responsible for any damages in the event of non mmpkance.
The Escrow Agent Is to withhold jQ as a seaurily and/or ane-clearancoe deposit pending arta
Grantor agrees the City may apply the seecuiRy deposit b payment of any, unpaid renis due delivery of the subject Property lo the Litt, by the Grantor.
sustained by the City caused by the Gmntor attar the date of this �y from the Grantor, or to payment for any loses or damage
security deposit In accordance with this Samement. The City will make wrtNen authorbx ton to the Escrow Agent for dfeburssment of the
agresranerrt, after Boos of delivery end possession of the eubjed property.
The Grantor is to notify the City of Glendale. of the data Grantor intends to VYcete the subject property.
ow Agent
IProrate o�naag� to fItems: record such blescrowed Instrumentsl ftwmwad firds in eerrow aeacocaY and diabase serve by d Pay eneurnbrances In acorndanoe wNh N>ja agreement;
hinds to the party Or parties entitled thereto. it is further uarderslooa amd o omary or Proper In the issuance of ride Insrrance; and pay the balance or ire eswNffld
not of record at the closing of escrow, agreed that the Title Company shag not be responsible for any Aeras or encumbranoes
The qty and/or Its int will be hnniehed a copy of the Grantor'e closing statement with the following cwf Gtfon Waned by an augw&ed oRlcer
certify this is a true and correct estatemant of disbureament of funds collected from Ma City of Glendale." : 'This is to
The Escrow Agent Is to request the Grantor acknowiedgO recaeipt of the amount shown an the dost
COPY of a signed receipt Is to be retained in the escrow tits. ng statement � due Orentor. Either a copy of this request or a
fiverThe City WIN PRY Nes costs of any escrow servkm andfor title insurance desired by ft, but may, at ISS Option, waive escrow a dlor title Insurance. Upon such
, the refarenoss to Title Company, Escrow Agent, and title Insurance herein are not applicable. If this trenesotion is not handled through a Ntle company.
conveyance M final
l lingdeliand condiirect g the city end payment whit las made direct from the Grerfte to the Grantor alter approval and acceptance by the City of
Glendale end the Mal filing and recording of the dodxrhanta.
N cost -to -cure moneys have been paid to remove or retacate imprcvsmerrte on the
Including fences. fioore Other than concrete, pksnbing Area above comk conveyed,er Grantor noler as to remove sit taus 010 and Payment.
The
Grantor asaanea all grade, end all oombuetlbie material not later then 30 days from the date of payment The
Grantor
or connected with am removal. It Is further agreed that upon expiration of the time provided for removal, all improvemenla hems ina
terminate. Grantor dW be liable reasonable costa In ands conveyed ONO become the WOO" of the removing
City ofd imP fe, and � righks d the Grarhtor to sold knPiaments shag CeaBe and
upon the Grantor's remaining lands where neceesery to SWOMPgsh tha removing Belo Ml ante. Lioanm Is hereby Med to the Clly of Ghanian to eater
phrpoes of this agreement.
City
t the p party las n Grantor grafi to the lily. Na agents, employese and cattrac lom the right to creme's
pro
remaining Property saPartveway reconr>aafron, f"AltetIng removal of
buildings or appurtenances are situated on Granwe ramalnhg property, and to IWIttata sound wag carhsinr non � � done of aoquhnd
>t bl fur#w understood and agreed that this temporary right will expire and terminate thirty (30) days after completion on �s Project� Of way, N required.
It Is understood and agreed the Consideration expre� herein Is accepted by the Grantor as full and complete IN seit)anant for all fojtay or damage to the Grantors remaining abutting lands. Further, said consideration shelf ret a� being the Interest � and
for
damages or compensation to said abutting lands that may hereafter arise or result kern the establishment and construction of the highway in Mchftse member
Proposed by the City.
City is acquiring Grantor's property through ft right of eminent domain under threat of condemnation; therefore, it is not a voluntary Sale in the ordinary corse of
red O atom. Further, the satilemerd herein is In Neu of condemnation and not admiealbla evidence of value. nor for any other evidentiary pwpose, in
any judicial a adminletrative proceeding.
® yes ❑ No Addendum attached hereto and made
parthereof.
❑ Notloe of Pending Sale pursuant to A.R.S 33-1808.
GRANTOR: PDS REALTY, an Arizona limited liability
nmrid�aa.
The City of Glendale
By
David Op n, Tierra Right of Way Service,
Agent for the City of Glendale
Approved by the City of Glendale
C y- 201-7�A-tt-o-rn�e s Office 20
ACCepted: G of Glendale _i d' 20iz,..,
8y:_ �.
City Clerk
ADDENDUM TO PURCHASE AGREEMENT
RECITALS
1. The Property to be acquired is generally located on the west side of the Loop 101
frontage road and the nom side of Union Hills Drive, City of Glendale, Maricopa
County, State of Arizona, and listed as Mancopa County Assessor Parcel Number 200-
30-983B. This entire unimproved parcels needed for a City of Glendale Park `n' Ride
consisting of approximately 575,869 square feet or 13.2201 acres, as fully described in
Exhibits "A" and depicted in Exhibit "B" ("Property"). The fee area to be acquired is
described fully in Exhibit A and by greater illustration in Exhibit B.
AGREEMENT
1. FURTHER )OCL STATION.
PDS Realty agrees to furnish a formal letter of lease termination from Outf tont Media,
which releases any interest Outfront Media may have had in the seller's property This
document must be famished before the transaction can be completed, and before title is
transferred. The City of Glendale has the right to reject any document it deems to be
unsatisfactory, or does not release the City of Glendale from all liability associated with
the above described property. Each party agrees in good faith to execute such further or
additional documents as may be reasonably necessary, or appropriate to full carry
the intent and purpose of this Yout
Agreement. This obligation survives close of escrow.
GOR: PDS REALTY, AN ARIZONA LIMITED LIABILITY PARTNERSHIP
,�j ,
Its: ! �"�j It r r 1 Zd /^1
GRANTEE: CITY OF GLENDALE
Its:
CITY OF GLENDALE
SUMMARY STATEMENT OF OFFER TO PURCHASE
AND
IMPROVEMENT REPORT
This statement accompanies our letter of October 5, 2016 and shows the basis on which the offer is made,
including arty settlement amount.
A. IDENTIFICATION OF THE PROPERTY
A portion of one parcel of land situated In the SW Quarter of Section 26, Township 4 North, Range 1 East of Gila
and Salt River Meridian, Markmpa County Arizona.
also known as Assessor Parcel No(s). 200-30-983B
B. THE ESTATE OR INTEREST NEEDED
The estate(s) or Interest(s) needed Were as follows (indicated by an "X'):
® Fee interest 575,869 Square Feet
❑ Underlying fee interest (existing rights-of-way)
❑ Easement (new right-of-way)
■®
Easement
❑ Temporary Construction Easement
C. THE OFFER AS JUST COMPENSATION, AND BREAKDOWN
Square Feel
Square Feet
Square Feet
Square Feet
Square Feet
The amount offered represents just compensation, and is the result of a review and analysis of an appraisal made
by a certified real estate appraiser. If only part of the property is needed, full consideration has been given to the
value of the remaining property, including Items requiring compensation on a 'cost to -cure" basis, 9 any. The
analysis of the remaining property takes into account the effect of the acquisition of the land needed, and the
establishment and construction of the project. A breakdown of the offer Is as follows:
Land (Including Improvements) $ 1,911,000.00
Severance Damages to remaining property $
(possible on partial acquisitions only)
'Cost -to -Cure" compensation involving a facility or $
component on the remaining property
Administrative Settlement $ 489,000.00
Total Just Compensation (rounded) $ 2,400,000.00
Project: City of Glendale Park & hide Section:_ imp_101 —North 5ido Union Hills Drive Parcel: 200-30-983B
1-2
D. THE IMPROVEMENTS
THE IMPROVEMENTS ASSOCIATED WITH THE PURCHASE ARE DESCRIBED AS FOLLOWS:
No siWAcent improverrier ts.
It is hereby acknowledged that all buildings and other Improvements listed above that are situated entirely within or
partially within the Right of Way take limits are conveyed to City of Glendale with Rights of Entry upon the Grantors
remaining land for the purpose of building removal and other improvements as noted.
E. COST TO CURE
THE COST TO CURE ASSOCIATED WITH THE PURCHASE ARE DESCRIBED AS FOLLOWS: NIA
COMMENTS AND/OR EXCLUSIONS: N/A
PERSONAL PROPERTY NOT ACQUIRED (INCLUDES ITEMS NOT PERMANENTLY ATTACHED):
N/A
F. THE DOCUMENTS NEEDED
Following Is a summary of the documents requiring signature (indicated by "X'):
® Purchase Agreement (this document shows the terms of the transaction, and the attached Exhibit "A"
provides the exact legal description)
® General Warranty Deed (to be notarized)
❑ Extended Occupancy Agreement
❑ Right of Way Contract (to be notarized)
❑ Manufactured Home/RVIVehicie Title
(to be notarized)
❑ Easement (to be notarized)
❑ Temporary Construction Easement ❑ Arizona Substitute W-9 Form
® Summary Stetemerrt of Offer to Purchase and Improvement Report (M below)
G. SECURITY DEPOSIT INFORMATION AND ACKNOWLEDGMENT
City of Glendale shall withhold $0.00 in escrow, as a security deposit, in accordance with the terms of the
Purchase Agreement
H. SUBSURFACE IMPROVEMENT STATEMENT
1. 1 Clam ❑ am not aware of the presence of any subsurface improvements (e.g., septic systems,
storm cellars, ground wells) within the area of City of Glendale's acquisition'
2. weli(S) []Yes []No well Registration No(s);
3. Irrigation Water Rights []Yes ❑No IGR Number:,_
4. well Is located ❑ within the acquisition area. ❑ outside the acquisition area.
(NOTE: If you answered fres regarding wster rights, please provide a copy of the appropriate certificate ff
a k"s)
*If aware of such Improvements, please provide any information that may assist in locating same.
GRANTOR: PDS /REALTY, AN ARIZONA LIMITED LIABILITY PARTNERSHIP
' �o Vt• . Dane
Project: C_ -y of Glendale Park & bode Section L20 101 —No S>C Un,k Hills Drive Parcel: 20430-98313
2-2
SECUIuy TnU AGENCY
WHEN RECORDED RETURN
City of Glendale
6210 West Myrtle Avenue, Building S
Glendale, Arizona 85301
CITY OF GLENDALE
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20170075774 01/31/2017 01:10
ELECTRONIC RECORDING
15140461-7-1-1--
morenoa
Escrow No. 15 ) y Ur -1v I ' 867
Exempt From Affidavit
By A.R.S. 11-1134-A 3
For consideration of Ten and 00/100 Dollars, and other valuable consideration, PDS REALTY, an
Arizona limited liability partnership, ("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
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 %% day of J/ -p t of 20 % 7
Signature of Q_ran_toIj) (Signature of Grantor)
N t'I �I A��t
Individual
Corporate
Trustee(s)
Other
NOTARY C£RTII" ICATION
Capacity claimed by signer(s)
Entity(ies) Represented
Title of Signer
State Of A vLlic#.* )
)SS
County Of MPj*4 C.o pA )
Before me, _ /Y!/ fh4&x 9&%46 OUGif , the undersigned officer/notary
(Name of Notary)
On ZA y %1,' 20 VA- personally appeared Spr,ne& Sgt ,,
IN WITNESS, my hand and official seal
Personally known —OR- proved to me to be
the person(s) whose name(s) is/are subscribed QC
to the within instrument and acknowledged to (Signature of NotV)
me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that
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
My Commission Expires:
t►•OZ-Zo11
Accepted: City of Glendale _ ;jay, m4-py '50 , 20 P7
By
MICHAEL SCARBROUGH
Notary Public - Arizona
Maricopa County
My Comm. Expires Nov 2, 2017
EXHIBIT A
LEGAL DESCRIPTION
FOR
APN 200-30-9836
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 NORTH,
RANGE 1 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND BEING A
PORTION OF THAT CERTAIN PROPERTY DESCRIBED IN INSTRUMENT NO. 2004-0303221, OFFICIAL
RECORDS OF MARICOPA COUNTY, ARIZONA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 26 FROM WHICH THE SOUTHWEST
CORNER BEARS SOUTH 00 DEGREES 15 MINUTES 00 SECONDS EAST, 2628.01 FEET;
THENCE SOUTH 89 DEGREES 43 MINUTES 46 SECONDS EAST, ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER, 888.17 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89 DEGREES 43 MINUTES46
SECONDS EAST, 575.19 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE
417 AND A POINT ON A NON -TANGENT CURVETO THE LEFT WHOSE CENTER BEARS SOUTH 82 DEGREES
14 MINUTES 38 SECONDS EAST, 1788.66 FEET;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG SAID CURVE HAVING A CHORD
BEARING OF SOUTH 03 DEGREES 09 MINUTES 06 SECONDS WEST, THROUGH A CENTRAL ANGLE OF
09 DEGREES 12 MINUTES 31 SECONDS, AN ARC LENGTH OF 287.48 FEET TO A POINT OF TANGENCY;
THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 01 DEGREES 27 MINUTES
09 SECONDS EAST, 256.93 FEET;
THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 08 DEGREES 31
MINUTES 46 SECONDS WEST, 331.71 FEET TO A POINT ON THE COMMON EAST CORNER OF THAT
PARCEL DESCRIBED IN INSTRUMENT NUMBER 90-477021, RECORDS OF MARICOPA COUNTY,
ARIZONA AND THE AFORESAID INSTRUMENT NO. 2004-0303221;
THENCE ALONG AND WITH THE COMMON LINE BETWEEN SAID PARCELS, SOUTH 89 DEGREES 58 MINUTES
58 SECONDS WEST, 732.96 FEET;
THENCE DEPARTING SAID COMMON LINE, NORTH 11 DEGREES S9 MINUTES 56 SECONDS EAST, 270.74
FEET;
THENCE NORTH 18 DEGREES 40 MINUTES 59 SECONDS EAST, 327.73;
APN200-30-9838 DIBBLE ENGINEERING
Page 1 of 5 PROJECT NO. 101436
THENCE NORTH 10 DEGREES 24 MINUTES 33 SECONDS EAST, 304.28 FEET TO THE POINT OF
BEGINNING AND CONTAINING A COMPUTED AREA OF 575,869 SQUARE FEET OR 13.220 ACRES OF
LAND, MORE OR LESS.
THE ATTACHED EXHIBIT W IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
31019
C. STEM
DURYEA, JI
60
APN200-30-9838 DIBBLE ENGINEERING
Page 2 of 5 PROJECT NO. 101436
POINT OF COMMENCEMENT
WEST 1/4 CORNER
POINT OF
SECTION 26
BEGINNING
T.
4 N., R. 1 E.
L1
L2
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APN 200-30-9838
m
c�
PDS REALTY
,
jC14W
w
w
2
INSTR 2004-0303221
00
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M
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APN 200-30-005Q
CITY OF GLENDALE
I
z
INSTR 1990-477021
z a
UNION HILLS DRIVE
SW
COR OF SEC 26
T.
4 N., R. 1 E.
NTS
PARCEL AREA:
575,869 SF
OR
THIS IS NOT A
PROPERTY
13.220 ACRES
BOUNDARY SURVEY.
EXHIBIT „A"
Dibble
APN 200-30-983B
9
A PORTION OF THE SW QUARTER
SECTION 26,
Et1 (fin
g
C3tos
STI
T4N, RIE, GILA & SALT RIVER
MERIDIAN,
DC.
JTt.y
MARICOPA COUNTY, ARIZONA
N!
rotroa
ter,
„ e„C
,.
3 3A}
!
Ia
LINE DATA TABLE
LINE
L1
BEARING
S89°43'46"E
DISTANCE
888.17'
L2
S89'43'46"E
575.19'
L3
S01°27'09"E
256.93'
L4
S08°31'46"W
331.71'
L5
S89'58'58"W
732.96'
L6
N11'59'56"E
270.74'
L7
N18'40'59"E
327.73'
L8
N 10°24'38"E
304.28'
CURVE DATA TABLE
CURVE LENGTH RADIUS
DELTA
C1 287.48' 1788.66'
9'12'31 "
PARCEL AREA:
575,869 SF OR THIS IS NOT A PROPERTY
13.220 ACRES BOUNDARY SURVEY.
EXHIBIT "Alp
i X*bWAPN
200-30-9838
!' Ett � �
C31019
A PORTION OF THE SW QUARTER SECTION 26,
T4N, R1E, GILA & SALT RIVER MERIDIAN,
DURYEA, JRy
MARICOPA COUNTY, ARIZONA
UIk3blo � ngiCIt (,,rin
Project No U014_'56
�"A,.G 3
APN:200-30-983B CLOSURE
Course: N10'24'38"E Length: 304.28'
Course: S89°43'46"E Length: 575.19'
Length: 287.48' Radius: 1788,66'
Delta: 009"12'31" Tangent: 144.05'
Chord: 287.17' Course: S03°09'06"W
Course In: S82"14'38"E Course Out: S88°32'51"W
Course:501'27'09"E Length: 256.93'
Course: S08031'46"W length: 331.71'
Course: S89'58'58"W Length: 732.96'
Course: N11'59'56"E Length: 270.74'
Course: N18'40'59"E Length: 327.73'
North: 2314.2690' East: -1793.7156'
Perimeter: 3087.03' Area: 575870 Sq. Ft.
Error Closure: 0.0047 Course: S06°53'11"E
Error North: -0.00465 East: 0.00056
Precision 1:656746.81
APN200-30-9836 DIBBLE ENGINEERING
Page 5 of 5 PROJECT NO. 101436