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Flood Control District of Maricopa County Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date February 2, 2021 Address 4722 N. 24th Street, Ste. 200 Phone 602-230-6297 City Phoenix, AZ 85016 Fax Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15200442-015 Grantor: Christine Wijcik and Dennis Wijcik Phone: | 780-951-0915 Contact Phone: Mailing Address: | 871 Smith Email City, State Zip Vanderthoof BC VOJ3A2 Fax: Grantee: FLOOD CONTROL DISTRICT OF MARICOPA COUTNY [DISTRICT], a political subdivision of the State of Arizona Mailing Address: | Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 The DISTRICT shall pay directly to the Grantor, or deposit with Sub Charges and Disbursements to be paid from Grantor's funds as | the Title Company if escrowed, the purchase price plus all lawful Object | follows (check alt that apply): costs incidental to closing as follows: Code 1 I Escrow Fees TBD [| Total Acquisition of Grantor's Property: Full release of all Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind. Pay in full all due and delinquent real property taxes and general and special improvement assessments. Prorate the Total Escrow & Title Fees TBD current year's real property taxes on closings that occur on or after the 3rd Monday of August each year. Escrow Agent Recording Fees: shall withhold the prorated amounts from each party and pay Deed the lien of the current year’s taxes in full. Easement i Mortgage Release [_] Partial Acquisition of Grantor's Property: Partial release of all Release of Lease monetary liens and encumbrances, and leases of any kind. At the discretion of the DISRICT, pay due and delinquent Total Recording Fees TBD property taxcs and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within the Release Fees DISTRIC(’S partial acquisition, and any Cextificate(s) S.B.V.W.ULA. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. [| | Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD Lj Other Disbursements: | Sub Total Title Report Credit Easement $1,650.00 11 Possession date: Right of Entry POC $500.00 12 Close of escrow: ‘Temporary Construction $5,000.00 12 Easement POC Date of recording: a Right of Way Agreement Exhibit “B” Yes Nof] Total Closing Costs ‘TBD Entry Agreement Yes] | Nok] Total Purchase Price $7,150.00 Addendum attached hereto and made a Yes] | Nox] TOTAL WARRANT#* TBD part hereof *Escrow and title policy fees based on this amount only. **Sum of Total 5 1 76 1 1 4 498 2694 120 36 96.515358 Closing 5 1 76 1 1 5 628 2694 103 27 95.815842 Costs and Total 5 1 76 1 1 8 927 2697 144 26 96.708290 Purchase 5 1 76 1 1 9 1082 2696 99 27 93.842941 Price only. POC = Paid Outside of Closing. Project: Oak Street Basin and Drain PCN: | 420.04.31 Assessor Parcel No.: 219-24-004F Item No | F00420 Right of Way Agent: Michelle Moy Telephone # | 602-506-8684 Page 1 of 3 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as desctibed in the Exbibyt(s) attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said to the DISTRICT, conveyance title to said property to be transferred upon execution of the conveyance by the BOARD OF DIRECTORS. The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or patties entitled thereto, It is further understood and agreed that the Titke Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow, The Right of Way Agent or Maricopa County Real Estate Department will be furnished a copy of the Grantor’s closing statement with the following certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from the “DISTRICT.” The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor, Either a copy of this request or a copy of a signed receipt is to be retained in the escrow file. The DISTRICT will pay the costs of the owner’s title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow. In the alternative, the DISTRICT at its may, option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not applicable. If any element of this transaction is not handled through a title company, the conveyance will be delivered directly to the DISTRICT and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the BOARD OF DIRECTORS and the final filing and recording of the documents, It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration also inchides; full and complete compensation for all injury or damage to the Grantor’s remaining lands by reason of their severance from the part being acquired and the construction of the improvements in the manner proposed by the DISTRICT. The DISTRICT shall be responsible to the extent that damage occurs out of the DISTRICT’s occupation of the Grantor's property caused by the DISTRICT’s negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of the DISTRICT’S temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821. This Agreement is subject to cancelation pursuant to A.R-S, § 38-511. it is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding. GRANTORS: Christine Wijcik and Dennis Wijcik, husband and wife, as community RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: property with right of survivorship FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF ~ Af fe OF MARIOPA COUNTY FLOOD CONTROL DISTRICT OF ag oe aie f MARICOPA COUNTY By: Christine Wijcik iN Date Hor A 4/2) gt NS KR oooh Michael A Fulton Date Chairman of the Board Dt othe LO cto 7 Director, Flood Control District “ By: Dennis Wiycik . Z Z Date QVavil F774 oll E! ft) LUE TE Jager | KTTEST: ' : Michelle Colby, SRAWA Date Disector; Real Kstate-Depactment Date Approved as to form within the powers and authority of the Board of Clerk of the Board Directors Accepted Date | ESCROW OFFICER Date Deputy County Attorney Date RES/KGR Revised 4/29/2020 Page 2 of 3 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to the DISTRICT, title to said property to be transferred upon execution of the conveyance by the BOARD OF DIRECTORS. The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leaschold interests, special assessments, and other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein. Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances not of record at the closing of escrow. The Right of Way Agent or Maricopa County Real Estate Department will be furnished a copy of the Grantor's closing statement with the following certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from the “DISTRICT.” ‘The Escrow Agent is to request the Grantor acknowledge receipt of the amount shown on the closing statement as duc Grantor. Hither a copy of this request or a copy of a signed receipt is to be retained in the escrow file, The DISTRICT will pay the costs of the owner’s title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow. In the alternative, the DISTRICT may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to ‘Title Company, Escrow Agent and title insurance herein are not applicable. If any element of this transaction is not handled through a title company, the conveyance will be delivered directly to the DISTRICT and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the BOARD OF DIRECTORS and the final filing and recording of the documents. It is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being acquired. If the acquisition is a pattial acquisition from a larger patcel, the consideration also includes; full and complete compensation for all injury or damage to the Grantor's remaining lands by reason of their severance from the part being acquired and the construction of the improvements in the manner proposed by the DISTRICT. The DISTRICT shall be responsible to the extent that damage occurs out of the DISTRICT's occupation of the Grantor's property caused by the DISTRICI’s negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of the DISTRICT'S temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821, ‘This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. It is further agreed settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary purpose, in conjunction with any judicial or administrative proceeding. GRANTORS: Christine Wijcik and Dennis Wijcik, husband and wife, as community RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: property with right of survivorship FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF a fi r: OF MARIOPA COUNTY FLOOD CONTROL DISTRICT OF . OEGMECH (tl LOLLY all MARICOPA COUNTY By: Christine Wijcik ‘ Date Z f Michael A Fulton Date Chairman of the Board a aa Z SGI E A LP? ECV SEFE foaif / Director, Flood Control District , By? Dennis Wijcik 5 Date mals 200 2a: VILIEY, ATTEST: William D. Wiléy, PE. =~ “Date * Real Estate Chief Officer Date Approved as to form within the powers and authority of the Board of Clerk of the Board Directors Accepted Date | __. ESCROW OFFICER Date Deputy County Attorney Date RES/KGR Revised 4/29/2020 Page 2 of 3 EXHIBIT B RIGHT OF WAY AGREEMENT Patcel No.: 219-24-004F PCN.: 420.04.31 Project Name: Oak Street Basin and Drain Item No.; F00420 (MM) WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between the Grantor and the DISTRICT. No further consideration is being paid than described in this agreement. THE DISTRICT AGREES: To use the teal property described herein for the general welfare and benefit of the public. > To pay the Grantors the sum of One Thousand Six Hundred Fifty Dollars and No/100 Dollars ($1,650.00) as payment in full for the Drainage Easement described herein. Oo To pay the Grantors the sum of Five Thousand Dollars and No/100 Dollars ($5,000.00) as payment in moo full for the Temporaty Consecution Easement described herein. To pay the Grantors the sum of Five Hundred Dollars and No/100 Dollars ($500.00) as payment in full for the Right of Entry. That no costs relating to construction of roadway improvements on Project No. 420.04.31 will be charged to the Grantor. THE GRANTORS AGREE: 1. To grant a Wattanty Deed for the real property described in Exhibit A to the County of Maricopa for the general welfare and benefit of the public. 2. To pay the Grantors the sum of One Thousand Six Hundred Fifty Dollars and No/100 Dollars ($1,650.00) as payment in full for the Drainage Easement described herein. 3. To pay the Grantors the sum of Five Thousand Dollats and No/100 Dollars ($5,000.00) as payment in full for the Temporary Consecution Easement described herein. To pay the Grantors the sum of Five Hundred Dollats and No/100 Dollars ($500.00) as payment in full for the Right of Entry. That the District, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing “B” above. Page 3 of 3