HomeMy WebLinkAboutProperty #: P17-012 - 5/23/2017C17-0424
05/23/2017
CITY OF GLENDALE
PURCHASE AGREEMENT
Title Company Security Title Agency Date I I I
Address 3636 N. Central Avenue, Suite 140 (to be completed by Title Company, if applicable)
City Phoenix Arizona Zip Code 85012
Escrow Officer Jason B ant Phone 602-230-6247
Escrow No. 151 SU 14 1 1 Fax No. 602-294-6947
Grantor Marshall C. Downen & Linda K. Downen
Address 12020 North 55 th Avenue Glendale AZ 85304
Phone/Fax/Mobile/Email
Grantee: The CITY OF GLENDALE (CITY)
Mailing Address: City of Glendale
6210 W Myrtle, Suite 111, Glendale, AZ 85301
The CITY shall pay directly to the Grantor, or deposit with the
Charges and disbursements to be paid from Grantor's funds as
Title Company ("Escrow Agent") if escrowed, the purchase price
follows (check all that apply):
plus all lawful costs incidental to closing as follows:
❑ Total Acquisition of Grantor's Property: Full release of all
Escrow Fees
monetary liens and encumbrances, and leases of any kind. Pay in full
Title Policy Fees
all due and delinquent real property taxes and general and special
TOTAL ESCROW & TITLE FEES To be determined
improvement assessments. Grantor will be charged for any costs
necessary to make the property compliant with the Covenants,
Recording Fees
Conditions and Restrictions. Prorate the current year's real property
Deed
taxes on closings that occur on or after the 3rd Monday of August
Easement
each year. Escrow Agent shall withhold the prorated amounts from
Release
each party and pay the lien of the current year's taxes in full.
® Partial Acquisition of Grantor's Property: Partial release of all
TOTAL RECORDING FEES To be determined
monetary liens and encumbrances, and leases of any kind. At the
discretion of City, pay due and delinquent property taxes and general
Other Charges
and special improvement assessments, including full payment of
Release Fees
taxes and assessments on individual assessor parcels within City's
Prorated Taxes/Dates
partial acquisition, and any Certificate(s) of Purchase. The current
year's taxes shall not be prorated regardless of the closing date.
TOTAL OTHER CHARGES To be determined
❑ Easement(s): Consent to easement(s) by secured party(ies).
Subtotal Fees To be determined
❑ Other Disbursements:
Title Report Credit (-)
❑ Security Deposits and Prepaid Rents, if Applicable: Grantor
Total Closing Costs To be determined
agrees to return all security deposits and prepaid rents directly to
lessee(s) outside of escrow.
Land and Improvements" $48,400.00************************************
Utility Easement*
Possession Date: Close of escrow/date of recording.
Temporary Construction Easement $1,099.00
& Right of Way Contract
Special Conditions Right of Way Contract Yes ❑ No ED
Administrative Settlement 13,750.00
Entry Agreement*** Yes ❑ No ED
*** If yes, City shall pay statutory interest on the "Total Purchase
Price" from to the close of escrow/date of recording
Total Purchase Price $63,249.00
directly to Grantor by separate warrant.
TOTAL WARRANT** To be determined
❑ Special Instructions/Information:
*Title policy fees based on these amounts 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
described in Exhibit "A" attached hereto and made a part hereof, and having delivered same to Security Title Agency, Jason Bryant,
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: OOOOMA000 SZ106 01C Section: 55th Avenue Riviera Dr. — Cactus Rd. Parcel: 148-28-001G
THIS PURCHASE AGREEMENT SHALL SERVE AS THE ESCROW INSTRUCTIONS
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 Grantor agrees that should further encumbrances be attached to this property subject to this transaction during the escrow period, including but not limited to,
monetary liens, leases, easements and permits, Grantor shall remain responsible for any damages in the event of non-compliance.
The Escrow Agent is to withhold $ _0. 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.
The Grantor is to notify the City of Glendale of the date Grantor intends to vacate 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 after approval and acceptance by
the Director of 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, Grantor agrees to remove all buildings and appurtenances
including fences, floors other than concrete, plumbing lines above grade, and all combustible material not later than 30 days from the date of payment. The
Grantor 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 Grantor to said improvements shall cease and
terminate. Grantor 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 of buildings or appurtenances where portions of acquired
buildings or appurtenances are situated on Grantors 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.
Grantor agrees to allow the City entry to Grantor's remaining property on a temporary basis as reasonably required to move and construct Grantor's private
irrigation ditch/pipe on Grantor's property. Such entry and construction shall be done in a manner to cause as little disruption to Grantor's property as reasonably
possible. The City, at its sole cost and expense, will remove that portion of Grantor's existing irrigation ditch/pipe adjacent to the 55th Avenue roadway right of
way and replace it with a similar irrigation ditch/pipe on Grantors property. Upon commencement of the project, the City shall promptly and diligently complete
construction of the irrigation ditch/pipe and install four turn out valves, subject to force majeure events and ADOT funding.
Grantor understands that they are solely responsible for all future maintenance of the irrigation ditch/pipe. Upon completion of the construction, Grantor, its
successors and assigns, shall indemnify, release and hold harmless the City, and its directors, officers, employees, and agents, against and from any damage,
loss or liability arising out of, resulting from or caused by the Grantor's use, operation or maintenance of the irrigation ditch/pipe. This Agreement shall be binding
upon and inure to the benefit of the parties and their respective successors -in -interest, assigns, and lessees. If Grantor's property is leased to a third party,
lessee's concurrence with the terms and conditions of this Agreement is required. Further, Grantor, and Grantor's successors, shall advise all successor lessees,
if any, of the rights and obligations of the parties hereunder.
It is understood and agreed the consideration expressed herein is accepted by the Grantor 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 street in the manner proposed
by the City.
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
❑ Notice of Pending Sale pursuant to A.R.S 33-1806.
GRANTOR: Marshall C Downen & Linda K. Downen
ZV�"-,
S3 -i7
M shall C. bownen DATE
Linda K. Downen
DATE
Accepted Date �I
S OW ICER
By: l aOAI�
Mona Cervantes, SR/WA
Right of Way Agent, CEI
CITY OF GLENDALE
By X—
Kevin R. Phelps
City Manager
S. 70— 2017
LEGAL DESCRIPTION
FOR
RIGHT OF WAY
PORTION OF APN 148-28-001G
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3
NORTH, RANGE 2 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND
BEING THE EAST 40 FEET OF THAT CERTAIN PROPERTY DESCRIBED IN INSTRUMENT NO. 1983-
0483960, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
THE SOUTH 330 FEET OF THE EAST 198 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20;
SAID RIGHT OF WAY CONTAINING A COMPUTED AREA OF 13,200 SQUARE FEET OR 0.303 ACRES
MORE OR LESS.
THE ATTACHED EXHIBIT W IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
APN 148-28-001G RW DIBBLE ENGINEERING
Page 1 of 2 PROJECT NO. 101436
LINE DATA TABLE
LINE
BEARING
DISTANCE
L1
N89°42'00"W
40.00'
L2
N00°40' 12 "E
330.01'
L3
S89°42'00"E
40.00'
CACTUS ROAD
Z
o Q Q
�zrKwco
a .72
O
X If)
O r Q \ U I�
wd
of oz �<D0
A PORTION OF THE NW QUARTER SECTION 20,
00 O w :2i O (n
Lo
co
N LO 1_�
U U)CO
n-
00 w Ln
W Q
MARICOPA COUNTY, ARIZONA
c� z
9
M
00
af
a�o'
z
W
oz
Qcn
DRN: BAR
z
O<
40 R/W
N
PER MARICOPA
o n Q
COUNTY
1-t
ASSESSORS MAP
O
N1z
in
c�
N
M
Ln
Lsn
O
O
LO
N
LO
LOT 12 ( L1
FINAL PLAT
RIVIERA DRIVE ESTATES
BK. 590, PG. 23
ITHIS IS NOT A PROPERTY
BOUNDARY SURVEY.
N. 1/4 COR.
SEC 20
T3N, R2E
I 'n z
W. SHAW
DibbleRIGHT
BUTTE DR.
3
Gs EngineMn
� O
A PORTION OF THE NW QUARTER SECTION 20,
zw�
co
O=n
X
•- N O
MARICOPA COUNTY, ARIZONA
c� z
9
N
.-
00
af
a�o'
z
W
oz
J
Cf
DRN: BAR
O
d -
N
Q z o'
0 (D
N
o
—p
mo
0[Zo0
40'
cn
O 00
R/W
00 0 0
o
NtvjJ
J
O
M
00 00
NTS
of Q
Qom=
RIGHT OF WAY AREA:
z
13,200 SF OR
Q
0.303 ACRES
LOT 12 ( L1
FINAL PLAT
RIVIERA DRIVE ESTATES
BK. 590, PG. 23
ITHIS IS NOT A PROPERTY
BOUNDARY SURVEY.
N. 1/4 COR.
SEC 20
T3N, R2E
S. 1/4 COR.
SEC 20
T3N, R2E
o
W. SHAW
DibbleRIGHT
BUTTE DR.
OF WAY
Gs EngineMn
31019
C. STEVE
A PORTION OF THE NW QUARTER SECTION 20,
zw�
co
O=n
=ern
MARICOPA COUNTY, ARIZONA
c� z
9
o y
00
0' m
O
m
r
J
Cf
DRN: BAR
Q
W. DESSERT
HILLS DR.
CHK: JPG
N
S. 1/4 COR.
SEC 20
T3N, R2E
EXHIBIT "A"
DibbleRIGHT
OF WAY
Gs EngineMn
31019
C. STEVE
A PORTION OF THE NW QUARTER SECTION 20,
T3N, R2E, GILA & SALT RIVER MERIDIAN,
DURYEk JR .h
MARICOPA COUNTY, ARIZONA
9
DATE: SEPT. 2015
Dibble Engineering'i2�q
VSP'
DRN: BAR
PAGE 2 OF 2
Project No 101436
*pit- �I'`$
CHK: JPG
_
LEGAL DESCRIPTION
FOR
TEMPORARY CONSTRUCTION AGREEMENT
PORTION OF APN 148-28-001G
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3
NORTH, RANGE 2 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND
BEING THE WEST 10 FEET OF THE EAST 50 FEET OF THAT CERTAIN PROPERTY DESCRIBED IN
INSTRUMENT NO. 1983-0483960, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, SAID
PROPERTY BEING DESCRIBED AS FOLLOWS:
THE SOUTH 330 FEET OF THE EAST 198 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20;
SAID TEMPORARY CONSTRUCTION AGREEMENT CONTAINING A COMPUTED AREA OF 3,300
SQUARE FEET OR 0.075 ACRES MORE OR LESS.
THE ATTACHED EXHIBIT'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
APN 148-28-001G TCA DIBBLE ENGINEERING
Page 1 of 2 PROJECT NO. 101436
CACTUS ROAD
LINE DATA TABLE
2"E
330.01'
L5
S89°42'00"E
10.00'
A
R-- N. 1/4 COR.
LINE
BEARING
DISTANCE
W SEC 20
O
co Q Q
o T3N, R2E
Z
L1
N89°42'00"W
198.00'
o
z
��
110 n
0r�< �o}�
N
W
L2
S00°40' 12"W
330.01 '
w�
00ow �QzO
Q
L3
N89°42'00"W
10.00'
N I � - m p to if)
CO 00
W (0
N
L4
N00°40'1
(w
0 m to
L7
�-
Q
1-m
LO
o
<Z
40 R/W
N N
o
N o g
PER MARICOPA
LO
a'
o
COUNTY
W. SHAW
Ono n
ASSESSORS MAP
00 o
L
BUTTE DR.
z
0
-
a-
�0
10'
00
0=
U F-
N
z�
w T.C.A.
a 00 It
= F- rn
Q�
� j
Q
o z
ZD
'
.-moo 40
Ono
,O
(n
0�V
cifm
000 R/W
00 0
O z � N
00
r
J J J
NTS
00 00
a' �
<
J
W. DESSERT
AGREEMENT AREA:
a c =
HILLS DR.
3300 SF OR
z
0.075 ACRES
Q
LOT REMAINDER AREA:
LnN
48,841 SF OR
Ll
1.121 ACRES
LOT 12
FINAL PLAT
RIVIERA
DRIVE ESTATES
BK. 590, PG. 23
S. 1/4 COR.
SEC 20
THIS IS
NOT A PROPERTY
T3N, R2E
BOUNDARY SURVEY.
EXHIBIT "A"
Dibble
��
��
TEMPORARY CONSTRUCTION
AGREEMENT
Engtneeltn
31 19
C. 119E
A PORTION OF THE NW QUARTER SECTION 20,
DC.EA, JEIR
T3N, R2E, GILA & SALT RIVER MERIDIAN,
s I�
•'
MARICOPA
COUNTY ARIZONA
DATE: FEB. 2016
Dibble Engineering
9 9
i2
olyq U•
gp"
DRN: BAR
PAGE 2
OF 2
Project No 101436
+pf 3�g1I,$
CHK: JPG
2"E
330.01'
L5
S89°42'00"E
10.00'
ADDENDUM
PURCHASE AGREEMENT
Project: OOOOMA000 SZ106 01C
Section: 550i Ave. - Riviera Drive
Parcel No. 148-28-OOIG
Notwithstanding anything to the contrary in the printed -form Purchase Agreement to which this is an
addendum, Grantor and The City of Glendale further agree as follows:
City of Glendale shall waive any and all permits and fees associated with the Grantors construction
of a fence/block wall on this property.
2. City of Glendale shall provide Grantors with a copy of the Title Insurance Policy within 45 days after
close of escrow.
3
Q
Q
GRAgall
R: Marshall C. wnen & Linda K. Downen
Mar. DDo /en Date
Linda K. Downen Date
Mona Cervantes, SRAVA
Right of Way Agent
Accepted: The CITY OF GLENDALE S 30 - -
20
y
Accepted
l/JB.7--X--
ES FF C Date Kevin R. Phelps, City Manager at
ADMINISTRATIVE SETTLEMENT
Date: 4/27/2017
Subject: ADMINISTRATIVE SETTLEMENT
Project: 0000MA000 SZ106 01C
Section: 66th Ave — Riviera Dr.
Parcel: 148-28-001 G
Owner: Marshall and Linda Downen
From: Kevin R. Phelps
City Manager
First Written Offer Date:
4/12/2017
Appraisal Date of Value:
10/27/2016
Approved Appraiser:
Doug Estes, MAI, SRA
Appraised Value:
$ 49,499.00
Recommended Settlement: $ 13,760.00
Total Acquisition Cost:
$ 63,249.00
COMMENTS & JUSTIFICATION:
In 2014, the owners were approached by the City of Glendale and made aware of this project. At that time, the
Downen's were asked not to construct a block wall they were preparing to construct crossing the front of their
property.
The appraisal for this property was completed October 27, 2016 for the acquisition of right of way, temporary
construction easement and improvements.
Due to the Phase I on this property not being completed until March 2017, offer was not made to owner until
April 12, 2017.
Initial offer amount was $49,499. The Downen's response to the offer was that the appraisal was old and
should be redone because property values have increased in their area. Two comparables the Downen's
provided were increased at 7% and 200%. The 200% was a short sale and agent advised Downen's it could
not be used.
The Downen's also stated because they waited to construct the block wall at the City's request, there has been
an increased cost for the construction materials and labor over the past three years.
The Downen's requested $20,000.00 in addition to the $49.499.00 initially offered to pay for the increased
value of their property and the increase in costs for the block wall and all of the fees associated with it. Agent
Mona Cervantes advised the City did not have the cost for the block was in the budget for this project and she
would not be able to justify the $20,000.00 increase. The Downen's stated they have had additional vet bills
because they've waited to construct the wall at the City's request and people have driven by and shot at their
animals because there was no wall to protect them.
The Downen's lowered their request to $13,750. Agent Mona Cervantes stated she would have to get special
permission and approval.
This administrative settlement is for $13,750 or 27.76% in order to save additional time and cost of obtaining a
new appraisal, avoid prolonged negotiations, and to settle this matter without court costs. This could impact
certification prior to June 21, 2017.
ARIZONA DEPARTMENT OF TRANSPORTATION
206 S. 17th Ave. 1 Phoenix, AZ 85007 1 azdot.gov
Downen Property:
Highest and Best Use
As Vacant
As Improved
Site Area
Easement Acquisition
Value of Easement Acq.
Temporary Construction Ea
Value of Temp Const EA
Minor Improvements
Value of Partial Acq.
Settlement
Revised Total
Estes
Residential Use
Existing Use
63,553 SF
13,200 SF
$43,935.
3,300 SF
$1,099.
$4,444.
$49,499. (rounded)
$13,750.
$63,249
Given the on-going legal and court costs, as well as the uncertainty of an outcome at trial, the City
believes that the settlement is fair and in the best interest of the Citizens of Glendale.
City of Glendale:
Kev R. Phelps Date
City Manager
APPROVED:
Matt olman Date
RIGHT OF WAY COORDINATOR
ADOT
it
WHEN RECORDED MAIL TO:
City of Glendale
6210 W. Myrtle Ave., #111
Glendale, AZ 85301
NAL
15150611 -BG
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20170426118 06/12/2017 01:35
ELECTRONIC RECORDING
15150611-5-1-1--
Yorkm
CAPTION HEADING:
Warranty Deed
DO NOT REMOVE
THIS IS PART OF THE OFFICIAL DOCUMENT
Recm
T
Security Title Agency
WHEN RECORDED RETURN
To:
CITY OF GLENDALE
62 10 WEST MYRTLE AVENUE
SUITE 111
GLENDALE AZ 85301
CITY OF GLENDALE
ESCRow No. )515u w
EXEMPT FROM AFFIDAVIT
BYA.R.S. §11-1134-A-3
MARSHALL C. DOWNEN & LINDA K. DOWNEN, husband and wife, the Grantor, for the
consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, does hereby grant,
convey and warrant to the CITY OF GLENDALE, the Grantee, that certain real property situated in
Maricopa County, Arizona, more particularly described as:
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.
PROJECT: OOOOMA000 SZ106 01C LOCATION: 55a` Avenue Riviera Dr. — Cactus Rd.PARCEL: 148-28-OO1G
Project Number: SZ10601C
Federal Project Number: CM GLN-0(244)T Page 1 of 2
The Grantor herein, in accordance with property repurchase rights pursuant to A.R.S. §28-7099, hereby elects and
agrees to the following:
❑ Waives right of first refusal pursuant to A.R.S. §28-7099, and CITY at its election, may use, or dispose of any
remaining parcel pursuant to any means permitted by law;
(initial) (initial)
l -OR-
M Possi ly would re-purchase excess land, if any, and hereby requests proper notification by the Department
Id excess land become available;
Z(initial) (initial)
IN W SSW OF this instrument is executed this = day of m , 20 17
GNATURE) (SIGNATURE)
BY: BY:
ITS: ITS:
NOTARY CERTIFICATION
Capacity claimed by signer(s)
P,INDIVIDUAL(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S)
❑�hCORPORATE ❑ PARTNERSHIP ❑ GOVERNMENTOFFICER(S) ❑ OTHER
1"�Clf � 1� G 7OL�fl�h aNk �ti 2 a��nlce�-. DoJ rime,
ENTITY(IES) REPRESENTED
TITLE OF SIGNER
STATE OF /� � r l Zo r�� )
) SS
COUNTY OF VA0.r'.c o q c�, )
Before me, Mor(\ %kh e.\xu-1L V",s -6 , the undersigned officer/notary
(Name of Notary)
on VA `� , 20\-I personally appeared
EP
d an official seal'
❑ personally known -OR- � proved to me to be the
person(s) whose name (s) is/are subscribed to the (Signature of Notary)
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their My commission expires: c3.\c_ 2-1
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the WMTH CLA1tKMXNSTEIN
entity on behalf of which the person(s) acted, WWY PMC - Arimm
executed the instrument. Maims C"
My Ceram. Expires Jim, 21. 2020
Accepted: CITY OF GLENDALE
By: XG� d , 20 ,
Kevin R. Phelps, City Manager, City of Glendale
Document Type: Parcel No.: 148-28-OOIG
013T2HJOH HRAJO HTWAOM
snosoA - aiWuq VIOW
vtnuoo tipoaium
OSOS t nuL 891403 -MMO9
LEGAL DESCRIPTION
FOR
RIGHT OF WAY
PORTION OF APN 148-28-001G
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3
NORTH, RANGE 2 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND
BEING THE EAST 40 FEET OF THAT CERTAIN PROPERTY DESCRIBED IN INSTRUMENT NO. 1983-
0483960, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, SAID PROPERTY BEING
DESCRIBED AS FOLLOWS:
THE SOUTH 330 FEET OF THE EAST 198 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20;
SAID RIGHT OF WAY CONTAINING A COMPUTED AREA OF 13,200 SQUARE FEET OR 0.303 ACRES
MORE OR LESS.
THE ATTACHED EXHIBIT W IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
APN 148-28-001G_RW DIBBLE ENGINEERING
Page 1 of 2 PROJECT NO. 101436
E
LINE DATA TABLE
LINE
BEARING
DISTANCE
L1
N89°42'00"W
40.00'
L2
N00°40'12"E
330.01'
L3
S89°42'00"E
40.00'
RIGHT OF WAY AREA:
13,200 SF OR
0.303 ACRES
THIS IS NOT A PROPERTY
BOUNDARY SURVEY.
CACTUS ROAD
z-3:
Q a
<
W. SHAW
r
O
X
O � Q
\U I� Cf)
wd
0Z
of
w
1 �P
0o O w
Q�o
:2 0 V)N
L
O
I Lr)_m
V)000000- W ��
PA
t 0 O
n Q
c.� z
DD
D
0�0
40
o
U)
0 0�o Q
R/W
`-
ci
Q
Qm
z
tvjJ
N o a 40 R/W
o PER MARICOPA
Ono COUNTY
1 -.4-ASSESSORS MAP
LO
(0
N
n
L3
W
W
E9
H
LO
LO
r -
O
O
N
LO
LOT 12 I L1
FINAL PLAT
RIVIERA DRIVE ESTATES
BK. 590, PG. 23
N. 1/4 COR.
SEC 20
T3N, R2E
M
N
10
o
W. SHAW
BUTTE DR.
• Engtneerin
N
el—
Ld
DURYEA, JR
T3N, R2E, GILA & SALT RIVER MERIDIAN,
w
co
co
O
z
DATE: SEPT. 2015
DRN: BAR
PA
17-
Dibble Engineeringi2�IA
Zo0
c.� z
DD
CHK: JPG
0�0
40
o
U)
0 0�o Q
R/W
`-
ci
Q
0 0
0000
W. DESSERT
tvjJ
J
0
d CO 00
a) 6
r r "V
laf
a '_
zU)
a
LOT 12 I L1
FINAL PLAT
RIVIERA DRIVE ESTATES
BK. 590, PG. 23
N. 1/4 COR.
SEC 20
T3N, R2E
M
N
10
S. 1/4 COR.
SEC 20
T3N, R2E
o
W. SHAW
BUTTE DR.
• Engtneerin
C31S,OTEVE 19
el—
Ld
DURYEA, JR
T3N, R2E, GILA & SALT RIVER MERIDIAN,
Z LJ
Dwn
co
co
O
9.-
SSP'
DATE: SEPT. 2015
DRN: BAR
PAGE 2 OF 2
17-
Dibble Engineeringi2�IA
Project No 101436
c.� z
DD
CHK: JPG
o y
m m
0
00
r
m
J
ci
Q
W. DESSERT
HILLS DR.
N
S. 1/4 COR.
SEC 20
T3N, R2E
EXHIBIT "A"
Dibble
RIGHT OF WAY
• Engtneerin
C31S,OTEVE 19
A PORTION OF THE NW QUARTER SECTION 20,
DURYEA, JR
T3N, R2E, GILA & SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA
9.-
SSP'
DATE: SEPT. 2015
DRN: BAR
PAGE 2 OF 2
17-
Dibble Engineeringi2�IA
Project No 101436
�*p�rea 3/30�1�
CHK: JPG
ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT)
RIGHT OF WAY GROUP — STATEWIDE/URBAN ACQUISITION SECTION
SUMMARY STATEMENT OF OFFER TO PURCHASE
AND
IMPROVEMENT REPORT
This statement accompanies our letter of 4/12/2017 and shows the basis on which the offer is made, including any
settlement amount.
A. IDENTIFICATION OF THE PROPERTY
The land is identified as 12020 N 55th Ave, Glendale, Arizona 85304
Maricopa County, Arizona
also known as Assessor Parcel No(s). 148-28-001 G
B. THE ESTATE OR INTEREST NEEDED
The estate(s) or interest(s) needed is/are as follows (indicated by an "X")
® Fee interest (new right-of-way)
13,200 Square Feet
❑ Underlying fee interest (existing rights-of-way)
Square Feet
❑ Easement (new right-of-way)
Square Feet
® Temporary Construction Easement
3,300 Square Feet
❑ Temporary Construction Easement
Square Feet
❑
Square Feet
C. THE OFFER AS JUST COMPENSATION, AND BREAKDOWN
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, if 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) $ 48,400.00
Severance Damages to remaining property $
(possible on partial acquisitions only)
"Cost -to -Cure" compensation involving a facility or $
component on the remaining property
Temporary Construction Easement $ 1,099.00
Total Just Compensation $
Project: OOOOMA000 SZ106 01C Section: 55rhAvenue Riviera Dr. — Cactus Rd. Parcel: 148-28-O01G
1-3
D. THE IMPROVEMENTS
THE IMPROVEMENTS ASSOCIATED WITH THE PURCHASE ARE DESCRIBED AS FOLLOWS: None
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 ADOT 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: None
COMMENTS AND/OR EXCLUSIONS:
Relocation of irrigation ditch on property
PERSONAL PROPERTY NOT ACQUIRED (INCLUDES ITEMS NOT PERMANENTLY ATTACHED):
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)
® Warranty/Special Warranty/Quitclaim Deed (to be notarized)
❑ Extended Occupancy Agreement ❑ Manufactured Home
❑ Right of Way Contract (to be notarized) ❑ Easement (to be notarized)
® Temporary Construction Easement ® Arizona Substitute W-9 Form
® Summary Statement of Offer to Purchase and Improvement Report (see below)
G. SECURITY DEPOSIT INFORMATION AND ACKNOWLEDGMENT
ADOT 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 Elam X am not aware of the presence of any subsurface improvements (e.g., septic systems,
storm cellars, ground wells) within the area of ADOT's acquisition.*
2. Well(s) ❑Yes ®No Well Registration No(s): 55-
3. Irrigation Water Rights NYes ❑No IGR Number: 58- �!
4. Well is located ❑ within the acquisition area, ❑ outside the acquisition area.
(NOTE: If you answered yes regarding water rights, please provide a copy of the appropriate certificate if
available)
*If aware of such improvements, please provide any information that may assist in locating same.
Project: OOOOMA000 SZ106 01C Section: 55th Avenue Riviera Dr. — Cactus Rd. Parcel: 148-28-OOIG
2-3
0.1
OWNER'S ACKNOWLEDGEMENT:
I/We have received and reviewed the Summary Statement of Offer to Purchase and Improvement
Report. This acknowledgement is not an acceptance or rejection of the offer of just compensation.
GRANTOR
Date 3
K 0Date
Project: OOOOMA000 SZ106 01C Section: 55u,Avenue Riviera Dr. — Cactus Rd. Parcel: 148-28-OOIG
3-3
CITY OF GLENDALE
IF� i'0 0� �� =2\ FIIF�(
The undersigned GRANTOR, for the consideration of ONE DOLLAR AND OTHER VALUABLE
CONSIDERATION, does hereby grant to the City of Glendale, hereinafter termed GRANTEE, an exclusive
Temporary Construction Easement ("TCE") for use by its agents and contractors under GRANTEE's direction, for
locating, constructing, improving, grading, landscaping and other necessary work, including the operation of
equipment, and the movement of a work force, over, upon and across the described easement, together with the right
of ingress and egress.in connection with the construction of Project No. SZ10601C, the 55'h Avenue Riviera Dr. —
Cactus Rd., (the "Project"), across that certain real property situated in Maricopa County, Arizona, described as:
THE ATTACHED EXHIBIT `A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION and made
a part hereof (the "Property").
To the extent practicable, GRANTOR shall leave the Property in the same condition as existing immediately prior to
GRANTEE's entry.
It is further understood and agreed that this TCE will commence at the onset of construction and is to expire and
terminate thirty days (30) after completion of construction on the Property.
Signed on the 3 day of m o y 920 17.
GRANTOR(s):
wvlo P I'll
,4-4 40m.,
Linda K. Downen
Accepted: City of Glendale
20 ('1
By �w
Kevin R. Phelps, City Manager
PROJECT: OOOOMAOOO SZ106 01C LOCATION: 55`" Avenue Riviera Dr. —Cactus Rd.PARCEL: 148-28-001G
Project Number: SZ10601C Federal Project Number: CM GLN-O-(244)T
LEGAL DESCRIPTION
FOR
TEMPORARY CONSTRUCTION AGREEMENT
PORTION OF APN 148-28-001G
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 3
NORTH, RANGE 2 EAST OF GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, AND
BEING THE WEST 10 FEET OF THE EAST 50 FEET OF THAT CERTAIN PROPERTY DESCRIBED IN
INSTRUMENT NO. 1983-0483960, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, SAID
PROPERTY BEING DESCRIBED AS FOLLOWS:
THE SOUTH 330 FEET OF THE EAST 198 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20;
SAID TEMPORARY CONSTRUCTION AGREEMENT CONTAINING A COMPUTED AREA OF 3,300
SQUARE FEET OR 0.075 ACRES MORE OR LESS.
THE ATTACHED EXHIBIT'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION.
Ards 0315
APN 148-28-001G TCA DIBBLE ENGINEERING
Page 1 of 2 PROJECT NO. 101436
CACTUS ROAD
LINE DATA TABLE
2"E
330.01'
L5
S89°42'00"E
10.00'
I �
T-- N. 1/4 COR.
LINE
BEARING
DISTANCE
SEC 20
z��m
if
0 a
Q Q
W
0 T3N, R2E
Z N
L1
N89°42'00"W
198.00'
orQ �o
W
Vm
L2
S00°40' 12"W
330.01 '
1oz ry
Q
w�
�Qr
00 U-1 Quo
L3
N89°42'00"W
10.00'
N I � to in
=
I LO C) 0oo 00 Df Ld h
L4
N00°40'1
r <C14
s--
D Q
Of 0
0
4 /
0
z40' R/W
N
o Q
N 0 v
PER MARICOPA
N o
LO �
o
o
COUNTY
w
W. SHAW
ASSESSORS MAP
��z
L
BUTTE DR.
L1
w
3 Zv'�.
oo`r'Q
No
10'
�m
T ��
N
z Qf
w T.C.A.
m .
o �° rn
Qc~n�
�0�
= r
o uz—
Z0
—mo40
N o�Y
Ono
000 R/W
o m
a
CC) �j o
m
z d- N
I pry J J J
iY
Q
NTS
� CO
J
W. DESSERT
AGREEMENT AREA:
of
a cn =
Q
HILLS DR °
3300 SF OR
z V
0.075 ACRES
<
LOT REMAINDER AREA:
Ln
48,841 SF OR
L
1.121 ACRES
LOT 12
FINAL PLAT
RIVIERA
DRIVE ESTATES
BK. 590, PG. 23
S. 1/4 COR.
THIS IS NOT A PROPERTY
SEC 0
SEC 20
BOUNDARY SURVEY.
EXHIBIT "A"
t
Dibble
TEMPORARY CONSTRUCTION
AGREEMENT
Gp
31019
Engineerin
C. STEVE
A PORTION OF THE
NW QUARTER SECTION 20,
DURYEA, JR.^
T3N, R2E, GILA
& SALT RIVER MERIDIAN,
s?'
MARICOPA
COUNTY ARIZONA
DATE: FEB. 2016
DRN: BAR
PAGE 2 OF 2
Dibble Engineering�Zq�A
Project No 101436
�xpirea
3%3��1$
CHK: JPG
2"E
330.01'
L5
S89°42'00"E
10.00'