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HomeMy WebLinkAbout07/15/2002 Item 016 -' TI FO . I.. FORMAL ACTION 0 CONSENT- Date: July 3,2002 RESOLUTION 0 OTHER 0 BaS Meeting Date: July 15,2002 INFORMATION ONLY 0 SUMMARIZE THE ISSUE & DESIRED ACTION CLEARLY/ATTACH BACKUP MATERIAL: Warranty Deed and Dedication between Mohave County and Eamon J. and Barbara Ann Fallon for right of way conveying all right, title, and interest in real property described as Lots 250 and 251, Lake Mohave Ranchos Unit No. 11, Amended in Section 9, Township 26 North, Range 18 West ofthe G&SRM, Mohave County, Arizona. Recommended Motion: Acceptance of the Warranty Deed and Dedication for right of way described as Lots 250 and 251, Lake Mohave Ranchos Unit No. 11, Amended in Section 9, Township 26 North, Range 18 West of the G&SRM, Mohave County, Arizona. Reviewed and Approved By: County Attorney 0 Personnel 0 Finance 0 Board Action Taken: Approved as Requested 0 No Action Taken 0 Disapproved 0 Continued to o Approved with the following changes: Acknowledged receipt and referred to Filing Information and Retrieval Filed Bid Filed Agreement BOS Resolution Filed Yearly Correspondence Filed Petition Filed Dedication Filed Land Sold Filed Land Acquired Filed Franchise lD. Resolution Filed Improvement District Filed Other Date Routed: Additional Information: XC: You are reminded that items for the agenda, along with complete backup, must be in the County Manager's Office 10 days prior to Board Meeting. Item No. lto . ......' i . . REAL ESTATE PURCHASE CONTRACT and ESCROW INSTRUCTIONS [Unimproved Land] This Real Estate Purchase Contract (the .Contract"), shall also be the Escrow Instructions, and is entered into, to be effective theM day of d u tJ G:: 2002, upon the placement of all signatures hereto, by and between Eamon J. Fallon and Barbara Ann Fallon, as husband and wife, as (the "Seller") and Mohave County, a body politic and corporate of the State of Arizona, (the "Buyer"), purchasing under the authority of the Board of Supervisors. The Buyer and Seller are hereinafter sometimes collectively referred to as the "Parties". The Buyer and Seller individually may be hereinafter referenced as a "Party". RECITALS WHEREAS: A. The Seller is the fee title owner of real property with appurtenances located in Mohave County, State of Arizona, described as follows: Legal Description: See Exhibit "An to Exhibit "I", which are attached hereto and incorporated herein by reference (the" Property"). B. The Buyer agrees to purchase and the Seller agrees to sell all of the Seller's interest in the Property with appurtenances thereto, which shall include the full fee title to the Property without liens or encumbrances. C. The sale and purchase of the Property shall be pursuant to and under the terms and conditions hereinafter provided. AGREEMENTS WITNESSETH: NOW THEREFORE, in consideration of the mutual promises and things to be performed by the Parties, it is agreed by and between the Parties hereto as follows: 1. PURPOSE. The purpose of this Contract is to set forth the terms and conditions between the Parties, which, when fulfilled, will transfer ownership and possession of the Property from the Seller to the Buyer. 2. INCORPORATION. The above Recitals are hereby incorporated by reference and made a part of this Contract. 3. NATURE OF THE PARTIES. The Seller has approached the Buyer desiring to sell the Property, and the Buyer is agreeing to buy the Property under the terms hereof. 4. PURCHASE PRICE. The Buyer agrees to purchase the Property and the Seller agrees to sell the Property for the full purchase price of Eight Thousand Dollars ($ 8,000.00 ) (the "Purchase Price"). The Purchase Price shall be the total consideration paid by the Buyer to the Seller. The Purchase Price shall be paid as follows: 4.1 Earnest Money Deposit. There shall be no earnest money deposit. Page 1 of 13 . 4.2 Balance of Purchase Price. The full Purchase Price shall be paid into Escrow by the Buyer's check on or before the Close of Escrow. 5. CONDITION OF THE PROPERTY. The following provisions apply to the condition of the Property. 5.1 Nature of the Property. The Seller represents and warrants as follows: 5.1.1 The Property is unimproved real property located in Mohave County, Arizona. 5.1.2 The Seller represents the Seller's warranties herein otherwise including without limitation those of Subsections 5.3 and 5.4 set forth are true and correct, and so shall be at the Close of Escrow. 5.2 Appurtences and Fixtures. At the Close of Escrow, all existing appurtenances, if any, shall transfer with the Property, both as to ownership and possession to the Buyer from the Seller. 5.3 Evidence of Good Condition. The Sellers now believe and it shall be with the Close of Escrow, unless expressly waived by the Buyer in writing, the Seller shall provide, at the Seller's sole expense, the following: 5.3.1 The Property shall, prior to and as of the Close of Escrow, be environmentally safe and free of solid wastes and hazardous substances, including without limitation, asbestos, abandoned vehicles, batteries, tires, trash, paints, and petroleum products or wastes. The Property shall also be free from solid wastes [but for those solid wastes contained within a permitted septic system]. The Buyer may, at the Buyer's expense, obtain appropriate and qualified certification. If these, if any there be, representations of the Seller are incorrect, then the Seller, at the Seller's sole expense, prior to and through the Close of Escrow, shall be responsible for proper lawful cleanup of the Property through an Arizona licensed contractor or contractors, or, as applicable, certified contractor(s). 5.4 Seller's Waiver. As a material part of this transaction, and for good and valuable consideration, the Seller acknowledges that there is no relocation or replacement housing involved in this transaction, and furthermore, expressly waives any and all relocation assistance, including that for Property Owner(s) and/or Tenant(s), as is otherwise prescribed by laws, including without limitation, as is set forth in Arizona Revised Statutes, Title 11, Chapter 7, Article 4, Sections 11-961 et. seq. The Seller voluntarily enters into this waiver, with the represented authority to do so, and knowledge that the Seller is fully waiving any entitlement to any and all relocation assistance assurance of replacement housing by the Seller and any Tenant(s), if any there now be. 5.5 Seller's Warranties. The Seller represents and warrants to the Buyer, effective both now and at the Close of Escrow, as follows: 5.5.1 The Seller is voluntarily and willingly, desiring to sell and is selling the Property to the Buyer. This sale is without threat of condemnation or any other duress or undue influence. Page 2 of 13 . 5.5.2 The Seller is expressly agreeing, and as the Seller's voluntary free will act to the waiver of Section 5.4, as a material part of this transaction. 5.5.3 To the best of the Seiler's actual knowledge. there are and will be no unrecorded or undisclosed liens, options, signed purchase contracts, leases, rental agreements, use agreements, judgments, encumbrances, easements or claims of easements, or prescriptive rights upon or concerning the Property. There shall be no undisclosed claims of adverse possession against the Property or any part thereof. Disclosures must be in writing. 5.5.4 There is and will be no unpaid work, labor, materials supplied, which has been performed or provided at or on the Property that will permit any liens or encumbrances to attach to the Property. 5.5.5 To the best of the Seller's actual knowledge, there is no litigation, arbitration, or administrative proceeding pending or threatened against the Property, or pending or threatened against the Seller, which might have the effect of impairing the title ownership, development, or use of the Property by the Buyer, including without limitation, claims for adverse possession, bankruptcy, or receivership. 5.5.6 There are no encroachments into or from the Property's boundaries, and there are no violations of legal setback requirements, but for Pierce Ferry, a designated County Highway, traversing the Property 5.5.7 The Property is vacant land, and subject only to its existing zoning. 5.5.8 The Seller is unaware of any building code or sanitary code violations. 5.5.9 The Seller knows of no provisions that would prevent the Buyer from having quiet use and enjoyment of the Property, but for Pierce Ferry Road traversing the Property. 5.5.10 The Seller is unaware of any unusual soil or Property conditions, including contaminants within the soil. 5.5.11 There is/are no leased equipment and/or equipment, fixtures or other systems on the Property. At the Close of Escrow, all appurtenances including fixtures (if any) shall be owned as a part of the Property, are in good and working condition, and both title and possession will transfer to the Buyer, 5.5.12 The Seller has and, with the Close of Escrow, will provide merchantable and marketable title to the Property without liens, delinquent taxes, delinquent assessments, judgments, on other encumbrances, which title shall vest in the Buyer by Warranty Deed in a form as set forth by Exhibit "I" attached hereto and incorporated herein by reference. 5.5.13 To the best of the Seller's actual knowledge, the Seller is unaware of and has not received from any third party having information or jurisdiction over such matters, nor has any written or oral notice given or sent to Buyer (i) alleging a problem, violation and/or variance of any zoning ordinance or building code applicable to the Property; (ii) alleging any violation of any law relating to the use, storage or disposal of solid wastes or hazardous Page 3 of 13 wastes or hazardous substances on the Property; (iii) requiring work to be done on the Property or threatening the use of the Property; or (iv) relating to any condemnation proceeding affecting the Property. 5.5.14 To the best knowledge of the Seller, the Property including its appurtenances, air, soil, and water are free from all solid wastes [except for those in a contained septic system], environmental hazards, and contaminants, including without limitation, freedom from environmental hazards, wastes and contaminants including freedom from asbestos, formaldehyde, unsafe levels of radon, lead based paints, underground fuel storage tanks and leaks thereof, wastes, and/or unsafe electrical charges. The Seller warrants the Property is not situated on a sanitary landfill or former sanitary landfill. The Seller represents and warrants that the Seller has no information personally, nor has received notice of any information which would indicate the Property to be part of an environmentally damaged area, including without limitation a super fund or wet land area or WQARF or CERCLE site. The Seller has no personal knowledge and is unaware of any notice being received and/or sent with regard to proposed noise contaminants, such as airport, freeways, or power lines which may contribute to noise pollution. The Seller is unaware of and has no notice of any other neighborhood noises, nuisances and/or pollutants. The Seller warrants that it has no knowledge or information that the Property contains environmental hazards or other contaminating substances including those in contravention of the Environmental Protection Acts, Federal, and State. Further, the Seller certifies and warrants that it shall do nothing nor allow anything prior to the Close of Escrow to change these conditions. 5.5.15 The Seller has no knowledge or information that is adverse to the Buyer and/or which would cause an ordinary buyer from purchasing the said Property. 5.5.16 The undersigned Seller has full authority to enter into this Contract and to fully bind the Seller to convey merchantable and marketable title and possession, at the Close of Escrow, pursuant to the terms of this Contract. If the Seller is an entity, it shall provide certified copies or original signed and notarized documents evidencing such authority. These warranties shall survive the Close of Escrow. 5.6 Inspections. The Buyer or its agent(s) may enter and inspect the Property, including without limitation, perform environmental tests and inspections, surveys, or other examinations to confirm the boundaries, and for any other reasonable purpose associated with the Buyer's purchase of the Property. 5.7 Correction or Adjustment of Purchase Price. If any of the representations and warranties set forth in the Subsections above or herein otherwise become untrue or are not true as of the Close of Escrow, the Seller shall immediately, upon knowledge of such, notify the Buyer. If such representations and warranties become untrue for any reason including as a result of the Seller's actions or inactions, the Seller shall use its or its agent's(s) best efforts to cause the removal or correction of those matters which cause the warranties to be untrue, such actions of correction to be completed before the date scheduled for the Close of Escrow. If any matter cannot be corrected despite the Seller' 5 best efforts at or before the Close of Escrow, then at the Buyer's option; (i) the Buyer may require the Seller to fully correct such deficiency(ies), defect(s), encumbrance(s), encroachment(s) or other matter(s), and therewith in the Buyer's discretion, may extend the Escrow to provide the Seller additional time necessary for the Seller or its agent(s) to make full correction (ii) the Buyer or through its agent(s) may attempt to correct the deficiency(ies), defect(s), Page 4 of 13 encumbrance(s), encroachment(s) or other matter(s), prior to Close of Escrow with the cost(s) of such correction to be credited toward the Purchase Price, and the Buyer may delay the Closing while attempting such cure, but not for a period of more than sixty (60) days unless mutually agreed to by the Parties, or (iii) the Parties may agree to an adjustment downward in the Purchase Price to provide funds for the Buyer or the Buyer's agent(s) to make such corrections, either prior to or subsequent to the Close of Escrow, or (iv) the Purchase Price may, at the Buyer's option) be reduced by either or both the verified cost of correction and/or the adjusted appraised value of the Property evidenced by a certified or licensed appraiser's statement, as may be applicable, or (v) the Buyer may expressly, in writing, waive its objections to the matter(s) causing the representations and warranties to be untrue, and the transaction shall Close as scheduled. The Buyer shall not be required to provide further demand, in writing or otherwise, to require action of the Seller to be taken to correct those matters which make any warranty untrue. This Section shall be construed consistent with the remainder of the Purchase Contract. If there are any other conditions or matters reflected on any survey, inspection or report that is unacceptable to the Buyer for reasons including, without limitation, defects or matters that effect or affect the Property's marketability, merchantability, habitability, safety, or usability, the Buyer may notice the Seller of such matter(s). The Buyer therewith, at its option, shall choose and indicate one or a combination of (i) through (v) hereinabove. The Seller shall, as soon as possible after receipt of a written notice of the Buyer's non- acceptance of a condition of the Property, which condition is disclosed by the Seller, or otherwise evidenced by a report or survey, with the Buyer's request for correction, act to correct, repair or otherwise remove or eliminate the defect(s), encumbrance(s) or other matter(s), with all such matters to be remedied within twenty (20) days, or such time thereafter as deemed reasonable in industry standards, with due diligence, but in any event, five (5) or more calendar days prior to the Close of Escrow, as set herein otherwise, or as extended in writing by the Buyer in its discretion, or by the consent of the Parties. If the Buyer is demanding correction of an environmental hazard, solid waste problem, other contamination. encroachment, or correction of a boundary error, the Seller may, within ten (10) days of receipt of the Buyer's written notice demanding correction, reject the demand for correction by providing written notice to the Buyer of such rejection. Therewith, the Buyer shall agree to an adjustment of the Purchase Price commensurate to the economic impact of the uncorrected defects, which determination shall be made by mutual agreement of the Parties. If mutual agreement cannot be reached, a determination shall be made by a certified appraiser whose services are engaged by the Buyer. Alternatively and particularly if unacceptable conditions or defects cannot be timely remedied by the Seller or its agent(s), the Buyer may, either within twenty (20) days of receipt of such notice from the Seller or following ten (10) days of the Seller's inaction. demand a reduction of the Purchase Price commensurate with the property's reduced value based upon the opinion of a certified appraiser. The Buyer shall, at its expense, have the right, but has no duty to continue inspections and evaluations of the Property and provide notice(s) of correction or price reduction up to the actual Close of Escrow. Page 5 of 13 Additionally, and without limitation, if the Seller is required to pay any Relocation Assistance, which is not the intent of the Parties, then the Purchase Price shall be reduced by such amount. 5.8 Duty to Disclose. The Buyer's inspection of the said Property shall not be a waiver of the Seller's responsibility to fully disclose to the Buyer any material matters, including any defects and/or difficulties of which the Seller or its agent(s) are aware. The Seller shall immediately fully disclose all material information, including defects or difficulties, to the Buyer regarding the Property and matters affecting the Property and ownership thereof. The Buyer may, subsequent to the Close, receive from the Seller full payment of any costs and damages of the undisclosed defects or difficulties. 5.9 Costs of Inspections, Surveys, and Reports. Generally, except as stated expressly to the contrary, the Buyer shall be responsible for all its costs of inspections, surveys, or reports, except for those necessary for causing the Seiler's specific performance. 5.10 Condition and Maintenance Pending Close. The Seller shall be responsible for maintaining the Property in its seen or better condition from the Buyer's first viewing of the Property or the time first the Property is viewed by the Buyer's appraiser, whichever is the sooner. Furthermore. from the time the Seller signs this Purchase Contract to the Close of Escrow, the Seller shall yet maintain insurances upon the Property, if any is/are desired by the Seller, to protect from loss, and shall assume all risk(s) of loss (es). "Risk of Loss" shall include any Joss(es) or damage(s) to the Property for any reason including, without limitation, by reason of fire, vandalism, flood, waste, earth quake or other act of God, but excluding loss (es) or damage(s) caused directly by an act or acts of the Buyer or its agent(s), employee(s), or invitee(s). Following the Close of Escrow, maintenance, risk of loss, and insurances of and for the Property are the responsibilities of the Buyer, but for loss (es) or damage(s) for which the Seller was responsible, which responsibility shall continue until satisfied. In any event, the Seller shall do nothing to cause any lien or encumbrance to attach to the Property or its title or any encroachment onto or from its boundaries. The Seller shall clear the title and other conditions to the Property that title may transfer with Close of Escrow in a merchantable and marketable condition including all taxes and assessments paid in full to the Close of Escrow, and with the boundaries free of encroachments into or from the Property. 5.11 Value. The Seller is selling and the Buyer is buying the Property based upon an agreed value. The Purchase Price may be less than or equal to an appraised value, but it shall not be greater than the appraised value, offset by appropriate adjustments in accordance herewith. The parties expressly agree that the purchase price is to and does by a negotiated amount, fully and completely compensates the seller for any and all claims for compensation for the Property, the Seller's relocation, and replacement housing for any other matters or claims related directly or indirectly hereto. 6. ESCROW AND INSTRUCTIONS. This Contract shall also be used as Escrow Instructions in lieu of separately executed Escrow Instructions. Insofar as further Instructions are required by the Escrow Company, the Buyer and Seller shall cause such to be completed, executed, and placed into Escrow no later than Twelve Noon (12:00 p.m.) Arizona time, ten (10) business days from the date of the full signing this Contract. Any further Instructions may incorporate all of the provisions hereof by reference. In the event there are separate Instructions executed and there is a conflict between the provisions of this Contract and Page 6 of 13 Instructions and the separate Escrow Instructions executed, the provisions of this Contract and Instructions shall be controlling. 6.1 Escrow Agent. The Escrow Agent shall be First American Title Insurance Agency of Mohave, Inc., ("Escrow Agent"), 2213 Stockton Hill Road, Kingman, Arizona 86401. 6.2 Conditions of Title Report. The Parties hereby direct the Escrow Agent to have issue a Commitment for Title Insurance (the "Report") issued from First American Title Insurance Company ("FATCD"), 2213 Stockton Hill Road, Kingman, Arizona 86401, as soon as possible with good, legible copies of all matters of record. Each Party and the Mohave County Attorney shall be provided any exceptions or requirements to be addressed. 6.3 Documents and Funds. All documents and funds necessary to Close the Escrow, shall be deposited into Escrow with the Escrow Agent. The documents for the transaction including the Warranty Deed shall be in that form provided by the Buyer and approved by the Mohave County Attorney. Unless modified with the approval of the Mohave County Attorney, which modification approval may be withheld, the form of Warranty Deed shall be that set forth by Exhibit "I" hereto. With the Close of Escrow, the Escrow Agent is authorized to pay and disburse and/or otherwise satisfy from the purchase proceeds, any otherwise unpaid or unsatisfied lien. encumbrance. or judgment which must be satisfied to provide the Buyer merchantable and marketable title at the Close of Escrow. 6.4 Close of Escrow. The Parties desire the Escrow to Close as soon as possible. upon the terms and conditions hereof being met, and in any event, within sixty (60) days from the effective date of this Contract. The Close of Escrow shall extend only upon the mutual written consent of the Parties or upon the discretion and direction of the Buyer, as is herein otherwise provided. 6.5 Prorations of Taxes and Assessments. The taxes for the current tax year based upon the latest available Mohave County Treasurer's figures shall be prorated to the Close of Escrow with any amounts that will be due and owing credited to the Buyer. Tax interest and penalties. if any. shall be fully paid by the Seller. Association fees (if any), assessments (if any), and any other liens or encumbrances shall be fully paid by the Seller prior to or with the Close of Escrow. 6.6 Insurance. The Buyer shall not be required to provide any insurance on the Property or proof of insurance to the Escrow Agent or otherwise, for the Close to occur. In its discretion. the Buyer may have in place, but need not, provide evidence of such insurance, to the Seller or the Escrow Agent for the Close of Escrow to occur. 6.7 Possession. Possession of the Property will be transferred from the Seller to the Buyer upon the Close of Escrow. 6.8 Costs and Recording Fees. The Escrow fees and other Closing costs shall be paid by the Buyer. The cost of the standard Owner's Title Policy shall be that of the Buyer. Insofar as the Buyer desires an AL T A Extended Owner's Policy, which shall be applicable only if expressed in writing by the Buyer to the Escrow Agent, such additional costs incurred will be that of the Buyer. The recording of documents shall be done on behalf of the Buyer, with such documents being presented for recording to the Mohave County Recorder by the Escrow Agent, separate from the Page 7 of 13 other documents presented for recording, and so that the recording fees of the Mohave County Recorder's Office will be waived. 6.9 Escrow Cancellation Charges. If the Escrow fails to Close because of the Buyer's default, the Buyer shall be liable for all customary Escrow cancellation charges, if any. If the Escrow fails to Close for any other reason, the Seller shall be liable for all customary cancellation charges, if any. 7. TITLE. Title to the Property shall be conveyed by Warranty Deed in a form provided by the Buyer to the Seller (Exhibit "I" hereto.) The Title Warranty Deed shall record upon FATCO, being able to issue a Standard Owner's Policy insuring the Buyer's first position, merchantable, and marketable title free and clear of liens and encumbrances, subject only to usual exceptions to which the Buyer will agree. Insofar as the Buyer selects an AL T A Extended Owner'S Policy, the recording shall occur only when FA TCO can insure also the boundaries to be free and clear of any encroachments or defects and make all other assurances customary with such Extended Policy. 8. PARTIES' RESPONSIBILITIES. The Parties shall each timely act to comply with and fulfill any requirement(s) set forth by this Contract and those reasonably required by the Escrow Agent, which are not inconsistent with this Contract. 9. COMMISSION. Each of the Parties represents and warrants to the other that there is no broker or finder's fee commission to be paid for this sale 10. DEFAULT, REMEDIES, AND CANCELLATION. Should the Seller default in any respect under this Contract, the Buyer shall have the right to terminate this transaction due to the Seller's nonperformance or the Buyer may demand specific performance and act for enforcement thereof. If funds are not available to the Buyer for the Buyer to Close Escrow, the Buyer may, in its discretion and with written notice to the Escrow Agent and Seller, delay or cancel Close and this transaction. If the Buyer fails or refuses to Close Escrow for any reason other than its rejection of a condition of title boundary, condition of the Property. nonperformance default of the Seller, or for statutorily permitted reasons. the Buyer shall pay as liquidated damages an amount of one percent (1 %) of the Purchase Price within thirty (30) days of the termination. In any event, this Agreement is subject to cancellation under the provisions of A.R.S. 38-511. 11. GRACE PERIOD. Notwithstanding anything contained in this Contract to the contrary, neither Party shall exercise any of its remedies hereunder in the event of a default until the non~defaulting Party provides written notice to the defaulting Party stating the nature of the default. The defaulting Party shall have ten (10) days from receipt of such notice, such receipt defined in Section 12 hereinafter. to cure the default. If the defaulting Party fails to cure said default within the ten (10) day period, the non-defaulting Party may pursue all its rights and remedies under this Contract. 12. NOTICE. Notices shall be in writing and shall be given by personal delivery, by deposit with an overnight express delivery service such as Federal Express, or by deposit in the United States Mail. certified mail, return receipt requested, postage prepaid. addressed to the Seller and the Buyer at the addresses set forth below, or such other address as a Party may designate by prior notice, in writing. The date notice is given shall be the date on which the notice is delivered. if notice is given by personal delivery or Page 8 of 13 overnight express delivery service or three (3) days from the date of deposit in the mail, if the notice is sent through the United States Mail. A copy of any notice shall be mailed or delivered to the Escrow Agent. SELLER: Mail or Deliver To: Eamon J. and Barbara Ann Fallon 25 E, Main Street Highland Falls, NY 10928 .3 g Telephone: 345- ~4- b - 22 T elefax: B4s- Lf'-\lo - 223'8 Copy To: BUYER: Mail or Deliver To: Richard A. Skalicky, P.E., Manager Mohave County or c/o Mohave County Public Works Post Office Box 7000 3675 Highway 66, Suite "C" Kingman, Arizona 86402-7000 Kingman, Arizona 86401 Telephone: (520) 757-0910 Telefax:(520) 757.0912 13. INTERPRETATION. This Contract sets forth all of the representations and understandings of the Parties. It contains the entire Contract between the Parties hereto and may not be modified in any manner except by instrument in writing executed by the Parties hereto or by their respective successors in interest. 13.1 Construction. This Contract shall not be construed for any party against the other Party or Parties. 13.2 Law and Venue. This Contract shall be construed in accordance with Arizona law. The venue of any legal action hereunder shall be Mohave County, Arizona. 13.3 Tense and Gender. The use of the masculine, feminine or neuter pronoun, singular or plural, in reference to any Party or Parties, two (2) or more, shall nevertheless be deemed the appropriate reference if the Party or Parties is/are individual(s), corporation(s), trust(s), venture(s), partnership(s) or group(s) or two (2) or more individuals or entities. 13.4 Time is of the Essence. . Time is of the essence for this Contract. 14. VOLUNTARY EXECUTION. The Contract is being entered into by the Parties, voluntarily and without duress or undue influence. The Seller expressly acknowledges that the Seller voluntarily desires to make this sale, and is not doing so under the threat or fear of condemnation by the buyer or by other entity or for any other reason. This Contract has been drafted by Richard L. Basinger, Deputy County Attorney, Mohave County, an attorney licensed by the State of Arizona, on behalf of the Buyer. The Seller is represented by and received advice from its own legal counsels or has waived such. The Buyer could seek independent legal counsel and independent tax counsel, and either has done so or has waived same. Page 9 of 13 15. TAX FORMS. The Seller shall provide to the Escrow Agent any requested tax forms. 16. COUNTERPARTS. This. Contract may be signed in counterparts, with the signed couilterparts of all the Parties, together making a fully signed Contract. 17. SEVERABILITY: The terms of this Agreement are severable. Any waiver by the Parties of any provision herein shall not impair the right of any Party to enforce any other provision of the Agreement. Such provision of this Agreement shall be interpreted in a manner as to be effective and valid under applicable law. Such provision shall be ineffective solely to the extent of such prohibition of invalidity. Such prohibition or invalidity shall not invalidate the remainder of the provision or any other provision. 18. ASSIGNMENT. The Buyer may assign its rights in this Contract without the prior written consent of the Seller. The Seller may not assign or transfer its rights in or to the Property or this Contract without the express written consent of the Buyer, which consent may be withheld. Should the Seller pass away, the Contract shall yet be binding upon the Seller's estate. 19. TIME. Except as expressly provided herein, the time for performance of any obligation or taking any action under this Contract shall be deemed to expire at 4:00 p.m. Kingman. Arizona time on the last day of the applicable time period provided herein. If the time for the performance of any obligation or taking any action under this Contract expires on a Saturday, Sunday or legal holiday, the time for performance or taking such action shall be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday. 20. BINDING EFFECT. This Contract shall be effective upon signing by all Parties, including its approval by a duly passed Resolution of the Mohave County BOS. The date of such BOS Resolution of approval shall be the effective date set forth hereinabove. III III III III Page 10 of 13 IN WITNESS WHEREOF, the Parties set their signatures, the date indicated: BUYER: Mohave County, a body politic and corporate of the State of Arizona Date Signed Tom Sockwell, Chairman of the Board of Supervisors SELLER: Eamon J. Fallon 1u(\e 17 '2.001- (Si9na~ 1-- ,~ -- , Date Signed SELLER: Barbara Ann Fallon [ ~6~ A-n~~ J (,l~ a Z 2 ()() t.. Date Signed . (Signature) REVIEWED AND RECOMMENDED: MOHAVE COUNTY PUBLIC WORKS DEPARTMENT JoJ..f ~ I Z"~ Z Date Signed . Richard A. Skalicky PE, Pu . Works Director Page 11 of 13 ST ATE OF ARIZONA I Iss. Mohave County I The foregoing instrument was acknowledged before me this _day of " by Tom Sockwell, Chairman of the Board of Supervisors of the Mohave County, a body politic and corporate of the State of Arizona. IN WITNESS WHEREOF, I set my hand and official seal. My Commission Expires: Notary Public County of The foregoing instrume t was acknowledged before me this ~ day of J~ ,f)lX:) ~ by Eamon J. Fallon, a married person. IN WITNESS WHEREOF, I set my hand and official seal. My Commission Expires: CAROL:YN A. RWNE6 ~r) PytlliC. S\ata at,. 'lIIII No. ..525212 ...;..~~=~Jb'-- I STATEOF~L ,. I _ ~ ss. County of()w-. ~Z I The foregoing instru nt was acknowledged before me this ~ ') day of J~ ,'lD:::>~ by Barbara Ann Fallon, a married person. IN WITNESS WHEREOF. I set my hand and official seal. My Commission Expires: - ~=~s~t:~ 'fDlI Page 12 of 13 ('JI':I,T\:"'''' ~ ~) - ~ C':1t~~ . ACCEPTED AND APPROVED I, Barbara Bracken, Clerk of the Mohave County Board of Supervisors, a body politic and corporate of the State of Arizona, hereby certify that said Board on the _day of '-' accepted and approved the foregoing Contract for the purposes stated therein. Clerk, Mohave County Board of Supervisors (Seal) Page 13 of 13 When recorded, return to: \7,~' Ii ~~; ~~~r~~:1 J Mohave County Public Works ~~~J..:!~~4.!.Ji~HtJ.i{~.~~~ . 3675 E. Andy Devine, Suite C P.O. Box 7000 Kingman, Arizona 86402-7000 (520) 757-0910 WARRANTY DEED AND DEDICATION KNOW ALL MEN BY THESE PRESENTS, that for the consideration of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, Eamon J. Fallon and Barbara Ann Fallon, as husband and wife, (hereafter the "Grantors"), does hereby convey to Mohave County, a body politic and corporate of the State of Arizona (hereafter the "Grantee"), all rights, title, and interest in the following described real property and appurtenances (the "Property") situated in Mohave County, Arizona, described as follows, to wit: See "Exhibit A" attached hereto and made a part hereof: The said Property is for use of the Grantee, its successors and assigns, for any purpose permitted by law, and including without limitation for public use determined by the Grantee, in its discretion, including without limitation, for public road and right-of-way, drainage, utility purposes, water and/or sewer lines, cable lines and other such purposes and under terms and conditions determined solely by the Grantee. The Grantor does hereby warrant good and merchantable fee title, that is his/her sole and separate property and the authority of the Grantor to make this conveyance with title being subject only to those matters now of public record, and no others(s), but in any event, not subject to lien(s), judgment(s), mortgage(s) or any other such encumbrance(s). The Grantor warrants that this conveyance is not prohibited by any court order, legal proceeding, other proceeding or other claim. Exempt from Affidavit of Value by A.R.S. ~ 11-1134(A) (3) IN WITNESS WHEREOF, this instrument is executed this _ day of ,- GRANTOR: GRANTOR: Bv: Eamon J. Fallon Bv: Barbara Ann Fallon Signature Signature Page 10f3 STATE OF ) )55. County of ) This instrument was acknowledged before me this day of , Eamon J. Fallon, a married person, the Grantor. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARY PUBLIC STATE OF ) )55. County of ) This instrument was acknowledged before me this day of . , Eamon J. Fallon, a married person, the Grantor. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARY PUBLIC ACCEPTANCE I, BARBARA BRACKEN, Clerk of the Board of Supervisors of Mohave County, Arizona, hereby certify that said Board on the day of ,_, accepted on behalf of the Grantee, Mohave County, a body politic and corporate of the State of Arizona. for purposes including public use, the foregoing described Property conveyed for the purposes stated. This acceptance is not a representation or commitment by the County that it will at any particular date or time construct, establish or maintain any improvement, including any roadway or other improvement on this property. (Seal) Clerk, Mohave County Board of Supervisors Page 2 of3 . "EXHIBIT A" LAND DESCRIPTION Lots 250 AND 251, of FIRST AMENDED LAKE MOHAVE RANCHOS UNIT NO. 11, according to the plat thereof, recorded May 29, 1959, at Fee Number 88778, in the office of the County Recorder of Mohave County, Arizona. Page 3 of3