HomeMy WebLinkAboutCC - Property - DEEDS - 7/31/2023 (3) AVAPAI
Yavapai Title Agency, Inc. ITLE AGENCY
1235 East Gurley St.
Prescott, AZ 86301 :1" ?: furit. ,r
Phone: (928) 776-7070 • Fax: (866) 895-0115
WHIR/EAC DIT10 i �
Where Excellence is Tradition a TIUnlTlo3
July 31, 2023
City of Prescott
Attn: Bryan Sparks
433 N. Virginia St.
Prescott, AZ 86301
RE: Escrow No.: 00420851-400-SW]
Seller/Buyer: Church of the Nazarene/City of Prescott
Property Address: 2109 Willow Creek Road, Prescott, AZ 86301
In connection with the above referenced escrow, we enclose the following items:
0 Copy of Final Closing Statement
o Original recorded Ordinance 2023-1826
1 Original recorded Deed
El Original recorded Right of Entry and Temporary Constructions
We would like to thank you for the opportunity of serving you and hope that you will
contact us again for your escrow and title needs.
Sincerely,
Sa&ak ckikittex
Sarah Whitten/SMR
Branch Manager / Senior Escrow Officer
YAVAPAI TITLE AGENCY, INC.
1235 East Gurley St., Prescott,AZ 86301
Phone: (928) 776-7070 Fax: (866)895-0115
Combined Settlement Statement
Final
Escrow No: 00420851-400 SWJ Close Date: Proration Date: 05/22/2023 Date Prepared: 7/31/2023
Buyer(s)/Borrower(s): City of Prescott
Seller(s): Church of the Nazarene
Property: 2109 Willow Creek Road
Prescott,AZ 86301
Buyer Debit Buyer Credit Description Seller Debit Seller Credit
1,311.00 Total Consideration 1,311.00
RECORDING FEES:
30.00 Recording Fees to Yavapai Title Agency,Inc.
30.00 easement to Yavapai Title Agency, Inc.
30.00 ordinance to Yavapai Title Agency,Inc.
ADDITIONAL CHARGES:
100.00 compensation-right of entry to Si
PRORATIONS AND ADJUSTMENTS:
2,269.00 Closing Funds
ESCROW AND TITLE CHARGES:
150.00 Escrow Fee to Yavapai Title Agency, Inc.
618.00 Title Insurance to Yavapai Title Agency. Inc.
2,269.00 2.269.00 Sub Totals 0.00 1,311.00
Proceeds Due Seller 1,311.00
2.269.00 2,269.00 Totals 1,311.00 1.311.00
THIS IS TO CETIFY THAT THIS IS ATRUE
EXACT COPY OF THE ORIGINAL
YAVAPAI TIRE AGENCY
BY Shelby Rollins
Printed by Shelby Rollins on 7/31/2023-12:23:45PM Page 1 of 1
, • 2023-0033226 E •
eRecorded in Yavapai County,AZ Page 1 of 7
Michelle M. Burchill Recorder 07/31/2023 09:45:21 AM
YAVAPAI TITLE Fees:$30.00
at the request of Yavapai Title Agency, Inc.
When recorded mail to
City of Prescott
Donald Hersh
433 N. Virginia St.
Prescott, AZ 86301
00420851-400-SWJ
Tax Code: 116-07-007B SPACE ABOVE THIS LINE FOR RECORDER'S USE
CAPTION HEADING: Right of Entry and Temporary Constructions
Easement
DO NOT REMOVE
THIS IS PART OF THE OFFICIAL DOCUMENT
(THIS FORM IS FOR RECORDER'S USE ONLY)
Recording Cover Sheet
00420851
•
When recorded, mail to: ReCOr 2d E eCtro ically
City, of Prescott Coun
City, Clerk Date 3Time
201 N. Montezuma Street
Prescott, AZ 86301
Right of Entry and Temporary Construction Easement
KNOW ALL MEN BY THESE PRESENTS:
FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which
is hereby acknowledged by each party to the other, The Church of the Nazarene, hereinafter
called the "Grantor", hereby grants to the City of Prescott, an Arizona municipality, hereinafter
referred to as the "Grantee", its employees, agents, and designees, a Right of Entry and
Temporary Construction Easement to enter upon the property,located at 2110 Willow Creek Road,
Prescott, Arizona 86301 more particularly as described in Exhibit "A", attached hereto and made
a part of hereof(the "Easement Area"), for the purpose of re-constructing Pulliam Drive, together
with the right of ingress/egress over the adjacent lands of the Grantor, its successors and assignees,
for the purposes of this easement to expire upon completion of roadway re-construction project or
12 months from the recordation date of this agreement, whichever comes first.
Grantee agrees to return the ground cover and any landscaping to a condition as close as
possible to that, which existed before the roadway re-construction project.
Grantee agrees to pay Grantor for as compensation for this Right of Entry and Temporary
Construction Easement, One Hundred and no/100 Dollars ($100.00).
IN WITNESS WHEREOF, the Grantor has hereunto set his hand this Up day of
, 2023.
CN* H of iJ& NAZA RENE
GRANTOR: T
By:
Printed Name:
Title: L,eC, .6
State of ARIZONA )
) ss.
County of h.viO4.4ti2 t. )
The foregoing instrument was acknowledged before me this 2-lc day of `fin
2023, by Strom %ftx.J(\ , personally known to me or provet7 to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument, and acknowledged that he/she executed it.
iu LArausJONES
zy_ Public
Ccn NurMer s30796
k c ENlwres:Ap618,Nes
ravapai Canty
[Seal] Notary Public
My commission expires: 2/),g1 ZCZCQ
GRANTEE: CI Y OF PRESCOTT, an Arizona municipality
By:
ILIP R. O , Mayor
ATTEST: APPROVED AS TO FORM:
SARAH SIEP, City Clerk J H YOU G, ity Att ey
Exhibit "A"
(Legal Description of Easement Area)
EXHIBIT A
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN BOOK 875, PAGE
211 , YAVAPAI COUNTY RECORDS LOCATED IN SECTION 21, TOWNSHIP 14 NORTH,
RANGE 2 WEST, OF THE GILA AND SALT RIVER MERIDIAN, YAVAPAI COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL FROM WHICH THE
NEXT POINT ON THE WEST LINE OF SAID PARCEL BEARS NORTH 12°04'06" WEST,
A DISTANCE OF 159.47 FEET;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL, SOUTH 87°30'10" EAST, A
DISTANCE OF 378.29 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH LINE, NORTH 53°39'02" EAST, A DISTANCE OF 38.11
FEET;
THENCE SOUTH 08°23'50" WEST, A DISTANCE OF 24.03 FEET TO THE SOUTH LINE
OF SAID PARCEL;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 87°30'10" WEST, A
DISTANCE OF 27.21 FEET TO THE POINT OF BEGINNING.
CONTAINING 325 SQUARE FEET OR 0.007 ACRES, MORE OR LESS.
fer
35316
CHAD
o HUBER
08/22/2022
4)/IoNA l)5•
CHAD W. HUBER
RLS 35316
7740 N. 16TH STREET, SUITE 300 Kimley>) Horn
PHOENIX, ARIZONA 85020
7740 N.16TH ST,Suite 300 Tel.No.(602)837-5511
PH. 602-837-5511 PHOENIX,AZ 85020
Scale Drawo by Checked by Date Project No. Sheet No.
chad.huber@kimley-horn.com N/A CWH CWH 08/19/2022 091345030 10F2
EXHIBIT B
NORTH
I. / \
/ / /
N
\ .. .
\ -.37
r
CHURCH OF THE NAZARENE
a \z. APN: 116-07-0076
Ts) BOOK 875, PAGE 211, YCR
Vo \-
in cY1
<i)_________
'730 NEW TCE /
L1 /
587°30'10"E2 �,�9_ L2
POC PULLIAM DR L3
POB
�-- 7— e -
►.❖.•.,. TEMPORARY CONSTRUCTION EASEMENT
325 SQ.FT. MORE OR LESS
LINE TABLE ','r�i'+�/
L1 = N53°39'02"E 38.11'
L2 = S08°23'50"W 24.03' U.0651-
L3 = N87°30'10"W 27.21' 1ONAU '.
CHAD W. HUBER
RLS 35316
7740 N. 16TH STREET, SUITE 300 Kirnlev>) Horn
PHOENIX, ARIZONA 85020
7740 N.16TH ST,Suite 300 Tel.No.(602)837-5511
PH. 602-837-5511 PHOENIX,AZ 85020
Scale Drawn by Checked by Date Pro No. Sheet No.
chad.huber@kimley-horn.com N.T.S. CWH CWH 08/19/2022 091345030 2OF2
2023-0033228 WD
eRecorded in Yavapai County,AZ Page 1 of 2
Michelle M. Burchill Recorder 07/31/2023 09:45:21 AM
at the request of Yavapai Title Agency, Inc. YAVAPAI TITLE Fees: $30.00
When recorded mail to
City of Prescott
Donald Hersh
433 N. Virginia St.
Prescott, AZ 86301
00420851-SWJ
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WARRANTY DEED
For the consideration of Ten Dollars, and other valuable consideration, I or we,
First Church of Nazarene of Prescott, an Arizona Corporation, formerly known as Church of Nazarene,
Prescott, Arizona, formerly known as, Prescott Church of the Nazarene, Prescott, Arizona do/does
hereby convey to
City of Prescott, An Arizona Municipal Corporation of the State of Arizona
the following real property situated in Yavapai County, Arizona:
See Exhibit A attached hereto and made a part hereof.
SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements, rights of
way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear
of record.
The Grantor warrants the title against all persons whomsoever.
DATED: June 15, 2023
First Church of Nazarene of Prescott, an
Arizona Cor ation
/�
J. c'A A../\
%lyy/,Try0,rJlq'y0V rw p/7 fphifpX//// Ira F. Brown Jr. , as president
/4lWWi A k//i )W iJi i
State of Arizona }
} ss.
County of Yavapai }
•
The foregoing instrument was acknowledged before me this day of .�l_\\� , 2023,
bV71/0/QrtlM d'S Xp�jl'kXrk/ C;�i�YcL on behalf of First Church of Nazaren of Prescott, an
Arizona corporation /*JIt/l/aV Ah/cWitdiAi>1
'Ira F. Brown Jr. , as president \ � ^�� i` ' i((
4.
����� COUATNEY HANDLEY NOTARY PUB C
'`)c motAAY PM 1C-STATE Cr ANIMA
E YAVAPAICOUNTY
cor�M�ss�oN s32060 My commissi� , expires: )`Or,• myConm.fxoues August 31,2025 �, `-' `^
Warranty Deed- Escrow No.00420851
at the request of Yavapai Title Agency, Inc.
When recorded mail to
City of Prescott
Donald Hersh
433 N. Virginia St. Re red , ically
i�
Prescott, AZ 86301 Cour;
Date Time 4 y'S
00420851-SWJ
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WARRANTY DEED
For the consideration of Ten Dollars, and other valuable consideration, I or we,
First Church of Nazarene of Prescott, an Arizona Corporation, formerly known as Church of Nazarene,
Prescott, Arizona, formerly known as, Prescott Church of the Nazarene, Prescott, Arizona do/does
hereby convey to
City of Prescott, An Arizona Municipal Corporation of the State of Arizona
the following real property situated in Yavapai County, Arizona:
See Exhibit A attached hereto and made a part hereof.
SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements, rights of
way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear
of record.
The Grantor warrants the title against all persons whomsoever.
DATED: June 15, 2023
First Church of Nazarene of Prescott, an
Arizona Cor ation
/hr'Jra,e Xl6W/P WOW/III Ira F. Brown Jr. , as president
A4V J(Ciiit /i) DYi
State of Arizona }
} ss.
County of Yavapai } \\
The foregoing instrument was acknowledged before me this day of ,J0,\� , 2023,
by`!Il'0/Qr '��{(/ W�',giNII C/ on behalf of First Church of Nazaren of Prescott, an
Arizona corporation /VV/1 a li/444!t t\
*Ira F. Brown Jr. , as president GaUt,
,, „1
, �OURTNEsHANOLEY NOTARY PUB C
r Iwwr��euc-suTE or ns�ow►
YAVAPAI COUNTY Mycommissi ex fires: \ t
COMMISSION#�632060 P 6 Q
`'Q;n0'` 1►y Comm.Expires August 31,202d
Warranty Deed- Escrow No. 00420851
Exhibit A
A portion of that certain parcel of land described in Book 875 , Page 211, Yavapai County Records
located in Section 21, Township 14 North, Range 2 West, of the Gila and Salt River Meridian, Yavapai
County, Arizona, more particularly described as follows:
COMMENCING at the Southwest corner of said Parcel from which the next point on the West line of
said Parcel bears North, 12°04'06" West, a distance of 159.47 feet;
Thence along the South line of said Parcel, South 87°30'10" East, a distance of 378.29 feet to the
POINT OF BEGINNING;
Thence leaving said South line, North 53°39'02" East, a distance of 38.11 feet;
Thence South, 08°23'50"West, a distance of 24.03 feet to the South line of said Parcel;
Thence along the South line of said Parcel, North 87°30'10"West, a distance of 27.21 feet to the
POINT OF BEGINNING.
Warranty Deed- Escrow No.00420851
4
AFFIDAVIT OF PROPERTY VALUE FOR RECORDER'S USE ONLY
1. ASSESSOR'S PARCEL IDENTIFICATION NUMBER(S)
Primary Parcel: 116-07-007B
BOOK MAP PARCEL SPLIT
Does this sale include any parcels that are being split/divided?
Check one: Yes 0 No 0
How many parcels,other than the Primary Parcel,are included in this
sale?
Please list the additional parcels below(attach list if necessary):
(1) (2)
(3) (4)
2. SELLER'S NAME AND ADDRESS: 9. TYPE OF DEED OR INSTRUMENT(Check Only One Box):
a. 2 Warranty Deed d. 0 Contract or Agreement
Church of the Nazarene b. 0 Special Warranty Deed e. 0 Quit Claim Deed
2110 Willow Creek Road c. ❑ Joint Tenancy Deed f. 0 Other:
Prescott,AZ 86301 10. SALE PRICE: $ 1,311.00
3. (a) BUYER'S NAME AND ADDRESS: 11.DATE OF SALE(Numeric Digits): 03 / 2023
City of Prescott Month/Year
433 N.Virginia St. 12.DOWN PAYMENT $ 0.00
Prescott,AZ 86301 13. METHOD OF FINANCING:
(b) Are the Buyer and Seller related'? Yes 0 No 0 a. 0 Cash(100%of Sale Price) e. 0 New loan(s)from
financial institution:
If Yes,state relationship: b. 0 Barter or trade (1)0 Conventional
4. ADDRESS OF PROPERTY: (2)0 VA
c. 0 Assumption of existing loan(s) (3)0 FHA
2109 Willow Creek Road f. ❑ Other financing;Specify:
Prescott,AZ 86301 d. 0 Seller Loan(Carryback)
5. (a)MAIL TAX BILL TO:(Taxes due even if no bill received) 14. PERSONAL PROPERTY(see reverse side for definition):
(a) Did the Sale Price in Item 10 include Personal Property that
City of Prescott impacted the Sale Price by 5 percent or more?Yes 0 No El
#3 above (b) If Yes,provide the dollar amount of the Personal Property:
PSI 00 AND
(b) Next tax payment due 10-2023 briefly describe the Personal Property:
15. PARTIAL INTEREST: If only a partial ownership interest is being sold,
6. PROPERTY TYPE(for Primary Parcel):NOTE:Check Only One Box briefly describe the partial interest:n/a
a. El Vacant Land f. 0 Commercial or Industrial Use
b. 0 Single Family Residence g. 0 Agricultural 16. SOLAR/ENERGY EFFICIENT COMPONENTS:
c. 0 Condo or Townhouse h. 0 Mobile or Manufactured Home (a) Did the Sale price in Item 10 include solar energy devices,energy
0 Affixed 0 Not Affixed efficient building components,renewable energy equipment or
d. 0 2-4 Plex i. 0 Other Use;Specify: combined heat and power systems that impacted the Sale Price by
p 5 percent or more? Yes 0 No El
e. 0 Apartment Building If Yes,briefly describe the solar/energy efficient components:
7. RESIDENTIAL BUYER'S USE: If you checked b,c,d or h in Item 6
above,please check one of the following:
a.0 To be used as a primary residence.
b.0 To be rented to someone other than a"qualified family member". 17. PARTY COMPLETING AFFIDAVIT(Name,Address,Phone Number):
c.0 To be used as a non-primary or secondary residence. Yavapai Title Agency, Inc.
See reverse side for definitions of a"primary residence,secondary 1235 East Gurley St.,Prescott,AZ 86301
residence"and "family member." Phone: (928)776-7070
8. If you checked e or fin Item 6 above,indicate the number of units:_ 18. LEGAL DESCRIPTION(attach copy if necessary):
For Apartments,Motels/Hotels,Mobile Home/RV Parks,etc. SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
THE UNDERSIGNED BEING DULY SWORN,ON OATH,SAYS THAT THE FOREGOING INFORMATION IS A TRUE AND CORRECT STATEMENT OF THE
FACTS PERTAINING TO THE TRANSFER OF THE ABOVE DESCRIBED PROPERT
r b iit , 1
Signature of&enter/A nt Signature of Bet er/Agent
State of ,County o YA V l aA State of f-- ,County of yAIV 4.--(34t:Hei
Subscribed and n t be r e on thiss ay o 2022 Subscribed and worn to efo me on this L5day of,\(--)-'h-11-- 202.3
Notary Public I\ Notary Publi
Notary Expira ate l0 -2WZ'9 Notary Expira ion ate 1 l �7i'Y
S WHtTTEN S WRITTEN
w> ♦ PUP IC-STATE OF szcat aS NOTARY PUBLIC-STATE OF ARQONA
YAVAPAI COUNTY YAVAPAI COUNT(
�` y�.. �c COMMISSION#589942 COMMISSION#589942
'arti0 *Comm.Expires October 31,2024a My Comm.Expires October 31,2024
DOR FORM : • 92/2019)
7
Escrow No. 00420851-400-SWJ
Affidavit of Property Value...Continued
EXHIBIT "A"
Legal Description
A portion of that certain parcel of land described in Book 875 , Page 211, Yavapai County Records located
in Section 21, Township 14 North, Range 2 West, of the Gila and Salt River Meridian, Yavapai County,
Arizona, more particularly described as follows:
COMMENCING at the Southwest corner of said Parcel from which the next point on the West line of said
Parcel bears North, 12°04'06" West, a distance of 159.47 feet;
Thence along the South line of said Parcel, South 87°30'10" East, a distance of 378.29 feet to the POINT
OF BEGINNING;
Thence leaving said South line, North 53°39'02" East, a distance of 38.11 feet;
Thence South, 08°23'50" West, a distance of 24.03 feet to the South line of said Parcel;
Thence along the South line of said Parcel, North 87°30'10" West, a distance of 27.21 feet to the POINT OF
BEGINNING.
Legal Description
DOR FORM 82162(02/2019)
2023-0033227 ORD
eRecorded in Yavapai County,AZ Page 1 of 4
Michelle M. Burchill Recorder 07/31/2023 09:45:21 AM
YAVAPAI TITLE Fees: $30.00
at the request of Yavapai Title Agency, Inc.
When recorded mail to
City of Prescott
Donald Hersh
433 N. Virginia St.
Prescott, AZ 86301
00420851-400-SWJ
Tax Code: 116-07-007B SPACE ABOVE THIS LINE FOR RECORDER'S USE
CAPTION HEADING: Ordinance No. 2023-1826
DO NOT REMOVE
THIS IS PART OF THE OFFICIAL DOCUMENT
(THIS FORM IS FOR RECORDER'S USE ONLY)
Recording Cover Sheet
00420851
Recorded Iggtronically
C�un
Date Time
ORDINANCE NO. 2023-1826
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT,
YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF REAL
PROPERTY AND EASEMENTS FROM THE CHURCH OF THE NAZARENE, THE
DENNIS J FEARNO REVOCABLE TRUST, ADAM AND AMBER PFLEGER,
MONBERG REAL ESTATE HOLDINGS LLC, AND THE ALYNN PROPERTIES LLC
FOR THE PULLIAM/ DOUGLAS RECONSTRUCTION PROJECT AND AUTHORIZING
THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO
EFFECTUATE SAID PURCHASES AND EASEMENTS
RECITALS:
WHEREAS, the City Council has determined that certain real property is needed
by the City for the Pulliam / Douglas reconstruction project and the purchase and
acquisition of this real property will be in the best interests of the health,safety and welfare
of the City of Prescott; and,
WHEREAS, the City Council has determined that certain easements are needed
by the City for the Pulliam/ Douglas reconstruction project and the acquisition of these
easements will be in the best interests of the health, safety and welfare of the City of
Prescott; and,
WHEREAS, the proposed purchase prices of the following real property and
easements, along with the terms and conditions in the City of Prescott's ("City") standard
Agreement for Sale of Real Property and Easement Agreements, are deemed to be fair
and equitable.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PRESCOTT AS FOLLOWS:
SECTION 1. THAT the City Cou ncil hereby accepts the offerto purchase thatcertain
real property from The Church of the Nazarene, pursuant to the terms and conditions as set
forth in the City's standard Purchase Agreementdated March 9,2023,forthe purchase price
of $1,311 .00 plus closing costs.
SECTION 2. THAT the City Council hereby accepts the offerto pu rchase that certain
Rightof Entry and Temporary Construction Easement from The Church of the Nazarene,
pursuant to the terms and conditions as set forth in the City's standard Rightof Entry and
Temporary Construction Easement Agreement dated January 26, 2023, for the purchase
price of $100.00 plus recording costs.
SECTION 3. THAT the City Cou ncil hereby accepts th e offerto purchase thatcertain
real property from The Dennis J Fearno Revocable Trust, pursuant to the terms and
conditions as set forth in the City's standard Purchase Agreement dated September 27,
J
ORDINANCE NO. 2023-1826 PAGE 3
STATE OF ARIZONA )
County of Yavapai ) ss.
I, the undersigned Sarah Siep, being the duly appointed,qualified City Clerk of the City of
Prescott, Yavapai County, Arizona,certify that the foregoing Ordinance No. 2023-1826 is
a true, correct and accurate copy of Ordinance No. 2023-1826 passed and adopted at a
Voting Meeting of the Council of the City of Prescott, Yavapai County,Arizona, held on the
11 day of piecrLQ 2023, at which a quorum was present and, by a
`] • 0 vote, a(,t voted in favor of said ordinance.
Given under my hand and sealed this 1Z day of POrt Q , 2023.
01,
Se 4"' •-.'" City Clerk {Vj`J
if x \
..%, :i; ‘*1-\"
s:c.i,v.yr' `_ ,.3,.�'i,. ',t,li +
4 •1 °
N�; ' ,jam .
. J
ORDINANCE NO. 2023-1826 PAGE 2
2022, for the purchase price of $225.00 plus closing costs.
SECTION 4. THAT the City Cou ncil hereby accepts th e offerto purchase th at certain
Rightof Entry and Temporary Construction EasementfromThe DennisJ Fearno Revocable
Trust, pursuant to the terms and conditions as set forth in the City's standard Right of Entry
and Temporary Construction Easement Agreement dated September 27, 2022, for the
purchase price of $750.00 plus recording costs.
SECTION 5. THATthe City Council hereby accepts the offerto purchasethatcertain
Right of Entry and Temporary Construction Easement from Adam and Amber Pfleger,
pursuant to the terms and conditions as set forth in the City's standard Right of Entry and
Temporary Construction Easement Agreement dated December 27,2022,for the purchase
price of $225.00 plus recording costs.
SECTION 6. THATthe City Cou ncil h ereby accepts th e offerto purchasethatcertain
Right of Entry and Temporary Construction Easement from Mon berg Real Estate Holdings
LLC, pursuant to the terms and conditions as set forth in the City's standard Right of Entry
and Temporary Construction Easement Agreement dated September 27, 2022, for the
purchase price of $625.00 plus recording costs.
SECTION 7. THATthe City Council hereby accepts the offerto purchase th at certain
real property from The Alynn Properties LLC, pursuantto the terms and conditions as set
forth in the City's standard Purchase Agreement dated January 24, 2023 and the City's
standard Right of Entry and Temporary Construction Easement Agreement dated January
24, 2023 for the purchase price of $3,000.00 plus closing and recording costs.
SECTION 8. THAT the Mayor and staff are directed to execute any and all
documents in order to effectuate the foregoing acceptances of the above easements,and
the purchase of real property, including the payment of closing and other costs associated
with the purchase and recordation of the closing documents.
PASSED and ADOPTED by the Mayor and Council of the City of Prescott, Arizona, on
this 1/ t"' day of r, ( , 2023.7 �a
v
HI7-:;rii'?(,—
LIP R GO E, Mayor
ATTEST: APPROVED AS TO FORM:
. SCOCt/
r ��IL
SARAH M. SIE J05EPH . Y UNG
City Clerk City Attor ey
CERTIFICATION OF RECORDING FFICER
/..\--Th.,
Public Works Department
CITYoF PRESCOTT 433 N. Virginia Street
A ! Z O N A
Eve -q 11-60zcfaut,t, Prescott AZ 86301
928-777-1273
Memorandum
To: Sarah Siep- City Clerk
From: Bryan Sparks, Real Estate Administrator
Date: 8/2/2023
Re: Closing Documents for City Clerks Office
Sarah,
Please find enclosed herewith the closing documents for City Ordinance 2023-1826.
These various escrows were for our Pulliam/Douglas road reconstruction project, and consist
of:
Five (5) Right of Entry and Temporary Construction Easement Agreements
Three(3) Real Property Purchases
If you have any questions, please contact me.
Sincerely,
f3rya-v, Spa4-k '
Real Estate Administrator
City of Prescott
Phone 928.777.1130 ext. 5005
Email: brvan.sparks@prescott-az.gov
*Enclosures (5)
Yavapai Title Agency, Inc. y,rWAPAI
1235 East Gurley St. TLE AGENCY
Prescott, AZ 86301
Phone: (928) 776-7070 • Fax: (866)895-0115 pe.ae,— _
Where Excellence is Tradition `Vi WIIERE EXCE1IFNCI •\'1111
J
15 TRADITI
ie>96
TRANSMITTAL OF IMPORTANT DOCUMENT
Email to: donald.hershC1prescott-az.gov
City of Prescott
Your Escrow Number: 00420851 - SWJ
Property Address: 2109 Willow Creek Road, Prescott, AZ 86301
Your Escrow Officer: Sarah Whitten
Phone: (928) 776-7070
Email: Sarah.Whitten(aYavapaititle.com
Dear Mr. Hersh,
Thank you for your business! Enclosed you will find the title insurance policy we have
issued to protect your interest in the described real property. It is a valuable document
and should be kept with your other important papers.
We pride ourselves in our work and welcome any comments you may have, good or
bad, about how we handled your transaction. We are also happy to assist you with any
future concerns or questions you may have concerning your property.
When you consider refinancing or selling this property, please direct your transaction to
our company. This will insure you benefit from our archived history of your property
and are eligible to receive any discounts we may be able to offer.
Sincerely,
W (:heir
Sarah Whitten
Branch Manager / Senior Escrow Officer
Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
** * ** ALTA OWNER'S POLICY OF TITLE INSURANCE
*
* * Policy Number OWYWR 08002186
* * **
Issued by Yavapai Title Agency, Inc.
123 N. Montezuma
Prescott, AZ 86301
This policy,when issued by the Company with a Policy Number and the Date of
Policy, is valid even if this policy or any endorsement to this policy is issued
electronically or lacks any signature.
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given to the Company at the
address shown in Condition 17.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, Old Republic National Title Insurance Company, a Florida corporation (the
"Company"), insures as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy,
against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. The Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. Covered Risk 2 includes, but is not limited to, insurance against
loss from:
a. a defect in the Title caused by:
forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
ii. the failure of a person or Entity to have authorized a transfer or conveyance;
iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed,
acknowledged, notarized (including by remote online notarization), or delivered;
iv. a failure to perform those acts necessary to create a document by electronic means authorized by
law;
v. a document executed under a falsified, expired, or otherwise invalid power of attorney;
vi. a document not properly filed, recorded, or indexed in the Public Records, including the failure to
have performed those acts by electronic means authorized by law;
vii. a defective judicial or administrative proceeding; or
viii. the repudiation of an electronic signature by a person that executed a document because the
electronic signature on the document was not valid under applicable electronic transactions law.
b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or
payable, but unpaid.
c. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line
overlap, or encroachment (including an encroachment of an improvement across the boundary lines of
the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line overlap,
or encroachment would have been disclosed by an accurate and complete land title survey of the Land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to
building and zoning), but only to the extent of the violation or enforcement described by the enforcing
governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating to:
a. the occupancy, use, or enjoyment of the Land;
b. the character, dimensions, or location of an improvement on the Land;
c. the subdivision of the Land; or
d. environmental remediation or protection on the Land.
ORT Form 4765-WR Page 1
ALTA Owner's Policy of Title Insurance 2021 v.01.00
07/01/2021
Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the extent
of the enforcement described by the enforcing governmental authority in an Enforcement Notice.
7. An exercise of the power of eminent domain, but only to the extent:
a. of the exercise described in an Enforcement Notice; or
b. the taking occurred and is binding on a purchaser for value without Knowledge.
8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement
Notice.
9. The Title being vested other than as stated in Schedule A or being defective or a court order providing an
alternative remedy:
a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land
or any interest in the Land occurring prior to the transaction vesting the Title because that prior transfer
constituted:
a fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights law; or
ii. a voidable transfer under the Uniform Voidable Transactions Act; or
b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights law by reason of the failure:
to timely record the instrument vesting the Title in the Public Records after execution and delivery
of the instrument to the Insured; or
ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its
existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has
been created or attached or has been filed or recorded in the Public Records subsequent to the Date of Policy
and prior to the recording of the deed or other instrument vesting the Title in the Public Records.
DEFENSE OF COVERED CLAIMS
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by
this policy, but only to the extent provided in the Conditions.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Issued through the Office of• A Stock Company
Yava ai Title A enc Inc, 1408 North Westshore Blvd.,Suite 900,Tampa,Florida 33607
p g Y� (612)371-1111 www.oldrepublictitle.com
123 N. Montezuma
Prescott, AZ 86301 By President
* ' •
`1J�
Attest a.� -�* Secretary
Authorized Signatory ..,,,,;,
ORT Form 4765-WR Page 2
ALTA Owner's Policy of Title Insurance 2021 v.01.00
07/01/2021
Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys'fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
that restricts, regulates, prohibits, or relates to:
the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land;
iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power.
c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date
the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the
coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the
Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that
the transaction vesting the Title as shown in Schedule A is:
a. a fraudulent conveyance or fraudulent transfer;
b. a voidable transfer under the Uniform Voidable Transactions Act; or
c. a preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer
made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered
Risk 8.
6. Any lien on the Title for real estate taxes or assessments, imposed or collected by a governmental authority that
becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided
under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the
Land.
ORT Form 4765-WR Page 3
ALTA Owner's Policy of Title Insurance 2021 v.01.00
07/01/2021
• Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
a. "Affiliate": An Entity:
that is wholly-owned by the Insured;
ii. that wholly-owns the Insured; or
iii. if that Entity and the Insured are both wholly-owned by the same person or Entity.
b. "Amount of Insurance": The Amount of Insurance stated in Schedule A, as may be increased by Condition
8.c. or decreased by Condition 10 or 11; or increased or decreased by endorsements to this policy.
c. "Date of Policy": The Date of Policy stated in Schedule A.
d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
e. "Enforcement Notice": A document recorded in the Public Records that describes any part of the Land
and:
is issued by a governmental agency that identifies a violation or enforcement of a law, ordinance,
permit, or governmental regulation;
ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the
exercise of a governmental power; or
iii. asserts a right to enforce a PACA-PSA Trust.
f. "Entity":A corporation, partnership, trust, limited liability company, or other entity authorized by law to own
title to real property in the jurisdiction where the Land is located.
g. "Insured":
(a) The Insured named in Item 1 of Schedule A;
(b) the successor to the Title of an Insured by operation of law as distinguished from
purchase, including heirs, devisees, survivors, personal representatives, or next of kin;
(c) the successor to the Title of an Insured resulting from dissolution, merger, consolidation,
distribution, or reorganization;
(d) the successor to the Title of an Insured resulting from its conversion to another kind of
Entity; or
(e) the grantee of an Insured under a deed or other instrument transferring the Title, if the
grantee is:
(1) an Affiliate;
(2) a trustee or beneficiary of a trust created by a written instrument established for
estate planning purposes by an Insured;
(3) a spouse who receives the Title because of a dissolution of marriage;
(4) a transferee by a transfer effective on the death of an Insured as authorized by
law; or
(5) another Insured named in Item 1 of Schedule A.
ii. The Company reserves all rights and defenses as to any successor or grantee that the Company
would have had against any predecessor Insured.
h. "Insured Claimant": An Insured claiming loss or damage arising under this policy.
"Knowledge" or"Known": Actual knowledge or actual notice, but not constructive notice imparted by the
Public Records.
j. "Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date of
Policy that by law constitute real property. The term "Land" does not include any property beyond that
described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road,
avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a
right of access to and from the Land is insured by this policy.
k. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security
instrument, including one evidenced by electronic means authorized by law.
I. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal
Packers and Stockyards Act or a similar state or federal law.
ORT Form 4765-WR Page 4
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Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
m. "Public Records": The recording or filing system established under state statutes in effect at the Date of
Policy under which a document must be recorded or filed to impart constructive notice of matters relating
to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any
other recording or filing system, including any pertaining to environmental protection, planning, permitting,
zoning, licensing, building, health, public safety, or national security matters.
n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, and Guam.
o. "Title": The estate or interest in the Land identified in Item 2 of Schedule A.
p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a prospective
purchaser or lessee of the Title or a lender on the Title to be released from the obligation to purchase,
lease, or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF COVERAGE
This policy continues as of the Date of Policy in favor of an Insured, so long as the Insured:
a. retains an estate or interest in the Land;
b. owns an obligation secured by a purchase money mortgage given by a purchaser from the Insured; or
c. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title.
Except as provided in Condition 2, this policy terminates and ceases to have any further force or effect after the
Insured conveys the Title. This policy does not continue in force or effect in favor of any person or Entity that is
not the Insured and acquires the Title or an obligation secured by a purchase money mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured must notify the Company promptly in writing if the Insured has Knowledge of:
a. any litigation or other matter for which the Company may be liable under this policy; or
b. any rejection of the Title as Unmarketable Title.
If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under this policy is reduced to the extent of the prejudice.
4. PROOF OF LOSS
The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter
insured against by this policy, that constitutes the basis of loss or damage and must state, to the extent possible,
the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company, at
its own cost and without unreasonable delay, will provide for the defense of an Insured in litigation in
which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
limited to only those stated causes of action alleging matters insured against by this policy. The Company
has the right to select counsel of its choice (subject to the right of the Insured to object for reasonable
cause) to represent the Insured as to those covered causes of action. The Company is not liable for and
will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses
incurred by the Insured in the defense of any cause of action that alleges matters not insured against by
this policy.
b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to institute
and prosecute any action or proceeding or to do any other act that, in its opinion, may be necessary or
desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The
Company may take any appropriate action under the terms of this policy, whether or not it is liable to the
Insured. The Company's exercise of these rights is not an admission of liability or waiver of any provision
of this policy. If the Company exercises its rights under Condition 5.b., it must do so diligently.
c. When the Company brings an action or asserts a defense as required or permitted by this policy, the
Company may pursue the litigation to a final determination by a court of competent jurisdiction. The
Company reserves the right, in its sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured will secure to the Company the right to prosecute or provide
defense in the action or proceeding, including the right to use, at its option, the name of the Insured for
this purpose.
ORT Form 4765-WR Page 5
ALTA Owners Policy of Title Insurance 2021 v.01.00
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Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
When requested by the Company, the Insured, at the Company's expense, must give the Company all
reasonable aid in:
securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement; and
ii. any other lawful act that in the opinion of the Company may be necessary or desirable to
establish the Title or any other matter, as insured.
If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the
Company's liability and obligations to the Insured under this policy terminate, including any obligation to
defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation.
b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any
authorized representative of the Company and to produce for examination, inspection, and copying, at
such reasonable times and places as may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the
Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant must grant its permission, in writing, for any
authorized representative of the Company to examine, inspect, and copy all the records in the custody or
control of a third party that reasonably pertain to the loss or damage. No information designated in writing
as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later
disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary in the
administration of the claim or required by law. Any failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested information, or grant permission to secure
reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by
law, terminates any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company has the following additional options:
a. To Pay or Tender Payment of the Amount of Insurance
To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will pay
any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option provided for in Condition 7.a., the Company's liability
and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute,
or continue any litigation.
b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant
To pay or otherwise settle with parties other than the Insured for or in the name of the Insured
Claimant. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the Company up to the time of payment and that
the Company is obligated to pay; or
ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this
policy. In addition, the Company will pay any costs, attorneys'fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability
and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute,
or continue any litigation.
8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured
Claimant who has suffered the loss or damage by reason of matters insured against by this policy. This policy is
not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other
representation of the status of the Title. All claims asserted under this policy are based in contract and are
restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging negligence or
negligent misrepresentation arising from or in connection with this policy or the determination of the insurability of
the Title.
a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of:
the Amount of Insurance; or
ORT Form 4765-WR Page 6
ALTA Owner's Policy of Title Insurance 2021 v.01.00
07/01/2021
Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
ii. the difference between the fair market value of the Title, as insured, and the fair market value of
the Title subject to the matter insured against by this policy.
b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is
calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other
matter insured against by this policy.
c. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this
policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of
Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii.
d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as
insured:
the Amount of Insurance will be increased by 15%; and
ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the
dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action,
proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim
required by Condition 3 is received by the Company as the date for calculating the fair market
value of the Title in Condition 8.a.ii.
e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will
also pay the costs, attorneys'fees, and expenses incurred in accordance with Conditions 5 and 7.
9. LIMITATION OF LIABILITY
a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured
if the Company accomplishes any of the following in a reasonable manner:
removes the alleged defect, lien, encumbrance, adverse claim, or other matter;
ii. cures the lack of a right of access to and from the Land; or
iii. cures the claim of Unmarketable Title,
all as insured. The Company may do so by any method, including litigation and the completion of any
appeals.
b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the
Company or with the Company's consent, until a court of competent jurisdiction makes a final,
non-appealable determination adverse to the Title.
c. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the
Insured in settling any claim or suit without the prior written consent of the Company.
d. The Company is not liable for the content of the Transaction Identification Data, if any.
10. REDUCTION OR TERMINATION OF INSURANCE
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the
Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a
Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken
subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, and
the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company
will pay the loss or damage within 30 days.
13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT
a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and
remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that
the Insured Claimant has against any person, entity, or property to the fullest extent permitted by law, but
limited to the amount of any loss, costs, attorneys'fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant must execute documents to transfer these rights and remedies to
the Company. The Insured Claimant permits the Company to sue, compromise, or settle in the name of
the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company
defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss.
ORT Form 4765-WR Page 7
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• Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
c. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty,
insurance policy, or bond, despite any provision in those instruments that addresses recovery or
subrogation rights.
14. POLICY ENTIRE CONTRACT
a. This policy together with all endorsements, if any, issued by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any provision of this policy, this policy will be
construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic
means authorized by law.
b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent
any term or provision of an endorsement is inconsistent with any term or provision of this policy, the term
or provision of the endorsement controls. Unless the endorsement expressly states, it does not:
modify any prior endorsement,
ii. extend the Date of Policy,
iii. insure against loss or damage exceeding the Amount of Insurance, or
iv. increase the Amount of Insurance.
15. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law,
this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions will
remain in full force and effect.
16. CHOICE OF LAW AND CHOICE OF FORUM
a. Choice of Law
The Company has underwritten the risks covered by this policy and determined the premium charged in
reliance upon the law affecting interests in real property and the law applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located.
Any court or arbitrator must apply the law of the jurisdiction where the Land is located to determine the
validity of claims against the Title and to interpret and enforce the terms of this policy. In neither case may
the court or arbitrator apply conflicts of law principles to determine the applicable law.
b. Choice of Forum
Any litigation or other proceeding brought by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its territories having appropriate jurisdiction.
17. NOTICES
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
policy must be given to the Company at: Old Republic National Title Insurance Company, 1408 North Westshore
Boulevard, Suite 900, Tampa, Florida 33607.
18. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS POLICY, ANY BREACH OF A POLICY
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION
GIVING RISE TO THIS POLICY, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY
SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR
PRIVATE ATTORNEY GENERAL PROCEEDING.
19. ARBITRATION
a. All claims and disputes arising out of or relating to this policy, including any service or other matter in
connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising
out of or relating to the transaction giving rise to this policy, may be resolved by arbitration. If the Amount
of Insurance is $2,000,000 or less, any claim or dispute may be submitted to binding arbitration at the
election of either the Company or the Insured. If the Amount of Insurance is greater than $2,000,000, any
claim or dispute may be submitted to binding arbitration only when agreed to by both the Company and
the Insured. Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ("ALTA Rules"). The ALTA Rules are available online at
www.alta.ora/arbitration. The ALTA Rules incorporate, as appropriate to a particular dispute, the
Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association
("AAA Rules"). The AAA Rules are available online at www.adr.orq.
b. ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY
SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR
PRIVATE ATTORNEY GENERAL PROCEEDING IN ANY ARBITRATION GOVERNED BY CONDITION
ORT Form 4765-WR Page 8
ALTA Owner's Policy of Title Insurance 2021 v.01.00
07/01/2021
Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
19. The arbitrator does not have authority to conduct any class action arbitration, private attorney general
arbitration, or arbitration involving joint or consolidated claims under any circumstance.
c. If there is a final judicial determination that a request for particular relief cannot be arbitrated in
accordance with this Condition 19, then only that request for particular relief may be brought in court. All
other requests for relief remain subject to this Condition 19.
d. Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be
binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations
involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties
to the extent required by law. The arbitrator must issue a written decision sufficient to explain the findings
and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may
be entered in any State or federal court having jurisdiction.
ORT Form 4765-WR Page 9
ALTA Owner's Policy of Title Insurance 2021 v.01.00
07/01/2021
Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
Transaction Identification Data, for which the Company assumes no liability as set forth in Condition 9.d.:
Issuing Agent: Yavapai Title Agency, Inc.
Issuing Office: 123 N. Montezuma, Prescott, AZ 86301
Issuing Office's ALTA®Registry ID: 0000097
Issuing Office File Number: 00420851-400-SWJ
Property Address: 2109 Willow Creek Road, Prescott, AZ 86301
SCHEDULE A
Name and Address of Title Insurance Company: Old Republic National Title Insurance Company, 1408 North
Westshore Boulevard, Suite 900,Tampa, Florida 33607
Policy Number: OWYWR 08002186
Amount of Insurance: $1,311.00 Premium: $618.00
Date of Policy: July 31, 2023 at 9:45 a.m. Rate Code: 2.1.1
1. The Insured is:
City of Prescott, an Arizona Municipal Corporation of the State of Arizona
2. The estate or interest in the Land insured by this policy is:
FEE SIMPLE
3. The Title is vested in:
City of Prescott, an Arizona Municipal Corporation of the State of Arizona
4. The Land is described as follows:
See Exhibit A attached hereto and made a part hereof.
ORT Form 4765A-WR Page 1
Schedule A ALTA Owner's Policy 2021 v.01.00
07/01/2021
Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED, IN THE COUNTY OF YAVAPAI, STATE OF
ARIZONA,AND IS DESCRIBED AS FOLLOWS:
A portion of that certain parcel of land described in Book 875 , Page 211, Yavapai County Records located in
Section 21, Township 14 North, Range 2 West, of the Gila and Salt River Meridian, Yavapai County, Arizona,
more particularly described as follows:
COMMENCING at the Southwest corner of said Parcel from which the next point on the West line of said Parcel
bears North, 12°04'06"West, a distance of 159.47 feet;
Thence along the South line of said Parcel, South 87°30'10" East, a distance of 378.29 feet to the POINT OF
BEGINNING;
Thence leaving said South line, North 53°39'02" East, a distance of 38.11 feet;
Thence South, 08°23'50"West, a distance of 24.03 feet to the South line of said Parcel;
Thence along the South line of said Parcel, North 87°30'10" West, a distance of 27.21 feet to the POINT OF
BEGINNING.
ORT Form 4765A-WR Page 2
Schedule A ALTA Owner's Policy 2021 v.01.00
07/01/2021
Order No 00420851-400-SWJ Policy No.: OWYWR 08002186
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law.
This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or
expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the
following matters:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records
of such agency or by the Public Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained
by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would
be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof;
(c) water rights, claims or title to water; whether or not the matters excepted under (a), (b), or (c) are shown
by the Public Records.
6. Any lien, or right to a lien, for services, labor or material unless such lien is shown by the Public Records at
Date of Policy.
7. Taxes and assessments collectible by the County Treasurer, a lien not yet due and payable for the following
year:
2023
8. OBLIGATIONS imposed upon said land by its inclusion within any district formed pursuant to Title 48, Arizona
Revised Statutes, excluding however Municipal or County Improvement Districts.
9. Easements and rights incident thereto, as set forth in instrument:
Recorded in Book : 177 of Official Records
Page : 230
Recorded in Book : 352 of Official Records
Page : 553
Recorded in Book : 176 of Official Records
Page : 315
Purpose : electric lines
(continued)
ORT Form 4765E-WR Page 3
Schedule B ALTA Owner's Policy 2021 v.01.00
07/01/2021
Order No.: 00420851-400-SWJ Policy No.: OWYWR 08002186
SCHEDULE B
(Continued)
10. RESTRICTIONS, CONDITIONS AND COVENANTS, omitting, if any, from the above, any restrictions based
on race, color, religion, sex, handicap, familial status or national origin contained in instrument:
Recorded in Book 456 of Official Records
Page 200
Recorded in Book 697 of Official Records
Page 584
11. Easements and rights incident thereto, as set forth in instrument:
Recorded in Book : 896 of Official Records
Page : 963
Purpose : electric
12. Easements and rights incident thereto, as set forth in instrument:
Recorded in Book : 2056 of Official Records
Page : 5
Purpose : right of way
13. Easements and rights incident thereto, as set forth in instrument:
Recorded in Book : 2443 of Official Records
Page : 34
Purpose : roadway, sewer and water
14. Liabilities and obligations, Terms and Conditions imposed by reason of the inclusion of said land within:
Sewer Service Reimbursement Agreement, as disclosed in Book 2527 of Official Records, page 95 .
15. Easements and rights incident thereto, as set forth in instrument:
Recorded in Book : 2886 of Official Records
Page : 451
Purpose : sewer main and pipeline
END OF SCHEDULE B
ORT Form 4765E-WR Page 4
Schedule B ALTA Owners Policy 2021 v.01.00
07/01/2021