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Flood Control District of Maricopa County Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date Address 4722 N 24' Street, Suite 200 Phone 602-230-6297 City Phoenix, AZ 85016 Fax Escrow Officer Jason Bryant Email jbryant@securitytitleccom _| Escrow No. 15200290-015-JB6-SW Grantor: Daniel C. Kohn, a married man as his sole and separate property Phone: 602-397-1168 Contact Daniel C. Kohn Phone: Mailing Address: | 2636 W. Olney Avenue Email k.kohn .com City, State Zip Phoenix, AZ 85041 Fax: Grantee: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY [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 all that apply): costs incidental to closing as follows: Code I Escrow Fees TBD L] Total Acquisition of Grantor's Property: Full release of all Owners Policy Fees TBD monetary liens and encumbrances, and leases of any kind. Title Report Fee $750.00 Pay in full all due and delinquent real property taxes and Title Report Credit ($750.00) general and special improvement assessments. Prorate the Total Escrow & Title Fees TBD 14 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 Partial Release Fee the lien of the current year's taxes in full. | 1 Partial Acquisition of Grantor's Property: Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of the DISRICT, pay due and delinquent Total Recording Fees TBD property taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within the DISTRICT’S partial acquisition, and any Certificate(s) of Purchase. The current year's taxes shall not be prorated regardless of the closing date. | [_] Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD [] Other Disbursements: | Sub Total TBD Land* $17,478.00 11 Possession date: Improvements* $7,660.00 10 Close of escrow: Temporary Construction 12 Easement * $510.00 Date of recording: Administrative Settlement $6,585.00 11 Special Conditions Right of Way Contract Yes NoL] Exhibit C Total Closing Costs TBD Entry Agreement Yes L] | NoX Total Purchase Price $32,233.00 Addendum attached hereto and made a Yes L] | Nok TOTAL WARRANT** TBD part hereof *Escrow and title policy fees based on this amount only. **Sum of Total 5 1 71 1 2 4 546 2709 114 34 96.702614 Closing 5 1 71 1 2 5 672 2709 97 26 96.536507 Costs and 'Total Purchase Price" only. Project: 27th & Olney Avenues Storm Drain Project PCN: | 117.05.31 Assessor Parcel No.: 300-16-014-] Item No | F00408 Right of Way Agent: Christian Vazquez Telephone # | 602-393-6026 Page 1 of 7 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibits “A” and “B” attached hereto and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to the DISTRICT, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY 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 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 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 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 MARICOPA COUNTY 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 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. If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such improvements not later than 30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of MARICOPA COUNTY and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be liable for the reasonable costs incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor’s remaining lands where necessary to accomplish the purpose of this agreement. 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(F). 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. GRANTOR: Daniel C. Kohn, a married man as his sole and RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: separate property FLOOD CONTROL DISTRICT MARICOPA COUNTY BOARD OF So, tp ZZ OF MARIOPA COUNTY DIRECTORS STGNED TN COUNTERPART a ee ee aniel C. Kohn Michael A Fulton Date Chairman of the Board Director, Flood Control District Date Y -1@~- 2Zor| SIGNED W POHTERP ART ow “TEST: Miehclte- Colby, SRAWA—_ Date Director-Reat Estate Department as to form within the er a Security Title Agency, Inc. Pere eee Th t ERPURT Clerk of the Board of Directors Accepted Date ESCROW OFFICER Date Deputy County Attorney—-—— Date Page 2 of 7 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the ExAibit(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 MARICOPA COUNTY 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 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 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 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. Tf 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 MARICOPA COUNTY 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 froma larger parcel, 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 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. GRANTOR: Daniel C. Kohn, a married man as his sole and RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: separate property FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Daniel C Kohn Date Michael A Fulton Date Chairman of the Board Director, Flood Control District Date ATTEST: William D. Wiley, P.E. Date Real Estate Chief Officer Date Approved as to form within the powers and authority of the Board of Directors Clerk : of the Board Accepted Date | ESCROW OFFICER Date Deputy County Attorney Date Revised: 4/6/21 approved by WP EXHIBIT B RIGHT OF WAY AGREEMENT Page 2 of B7 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 MARICOPA COUNTY 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 parties entitled thereto. Itis 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 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 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 MARICOPA COUNTY BOARD OF DIRECTORS and the final filing and recording of the documents. Itis 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 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 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. GRANTOR: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Date William D. Wiley, P.E. Date Chairman of the Board Real Estate Chief Officer Date ATTEST: Michelle Colby, SR/WA Date Director, Real Estate Department Date Approved as to form within the powers and authority of the Board of Directors Cletk erk of of the the Board Boar Accepted Date | __ ESCROW OFFICER Date Deputy County Attorney Date Revised: 4/6/21 approved by WP EXHIBIT B RIGHT OF WAY AGREEMENT Page 2 of X 7 Exhibit A INO|REVISIONS/SUBMISSIONS| DATE RIGHT—OF—WAY [1 ORIGINAL SUBMITTAL. [05/08/20 LEGAL DESCRIPTION Project No.: PCN 117.05.31__ Description: 27th and Olney Avenue Storm Drain Project_ Parcel No.: 300-16-014J __ Street Address: 2636 W OLNEY AVE PHOENIX AZ 85041 _ A PORTION OF THAT TRACT AS CONVEYED TO DANIEL C. KOHN BY DEED OF RECORD IN INSTRUMENT NUMBER .2018—0647950, MARICOPA COUNTY RECORDS (MCR) AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA & SALT RIVER MERIDIAN, CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 33 FEET OF SAID DANIEL C. KOHN TRACT. THE ABOVE DESCRIBED PORTION CONTAINS 0.1517 ACRES (6610 S.F.) OF LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD. r “T RITOCH-POWELL & Associates IRPA 602-263-1177 L. J WWW.RPAENG.COM Sheet 1 of 2 P:\Projects\2019\219086 — 27th & Olney Ave Storm Drain & Roadway Design (new)\Survey\Legol Descriptions\300-16-014) (ROW).dwg Page 3 of 7 Exhibit A INO|REVISIONS/SUBMISSIONS| DATE RIGHT-OF-WAY [1 loRIGINAL SUBMITTAL (05/06/20 AREA CALCULATIONS Project No.:_PCN_117.05.31 Description: 27th and Olney Avenue Storm Drain Project Parcel No.;_ 300-186-0143 Street Address:_2636 W OLNEY AVE PHOENIX AZ 85041 _ sates Area of Existing Parcel| Area to be Acquired Area Remaining Type of Acquisition | Symbol Sq. Ft. Acres Sq. Ft. Acres Sq. Ft. Acres Exist. Parcel 40,847 | 0.9877 = = 94,297 | 0.7860 Permanent ROW MLE = 6,610 | 0.1517 - = Temp. Const. Easement|XXxxxxxx] ~ _ = = = Drainage Easement |X Q(G - _ - = = _ er _—— APN 300-16-0145 NTS. NEW PERMANENT ROW Lu Py ’ ”" Lu S NO0°06'37"W S0°26'34"E 2 s UG, rss 200.21°7 fe Yiesise NY YYW” CMM 300.00) (ZZ 300.40' 4 2127.81 N89°5610"E 2628.21’ OLNEY AVE WEST QUARTER—CORNER CENTER QUARTER—CORNER SECTION 12, T1S, R2E SECTION 12, TIS, R2E eT RITOCH-POWELL & Associates | RPA 602-263-1177 uA WWW.RPAENG.COM — Sheet 2 of 2 P\Projects\2019\2 19086 ~ 27th & Olnay Ave Storm Drofn & Readwoy Design (new)\Survey\Legal Descriptions \300~-16—014) (ROW).deg Page 4 of 7 Exhibit B INO|REVISIONS/SUBHISSIONS| DATE TEMPORARY CONSTRUCTION — [y lonicmat supurrrat (5/06/20 EASEMENT LEGAL DESCRIPTION Project No.:_PCN 117.05.31 Description: 27th and Olney Avenue Storm Drain Project Parcel No.: 300-16-014/ Street Address: 2636 W OLNEY AVE PHOENIX AZ 85041 _ A TEMPORARY CONSTRUCTION EASEMENT OVER THAT TRACT AS CONVEYED TO DANIEL C. KOHN BY DEED OF RECORD IN INSTRUMENT NUMBER 2018-—0647950, MARICOPA COUNTY RECORDS (MCR) AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 2 EAST OF THE GILA & SALT RIVER MERIDIAN, CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA, AS SHOWN ON SHEET 2 OF 2 OF THIS DOCUMENT. THE ABOVE DESCRIBED EASEMENT CONTAINS 0.0355 ACRES (1545 S.F.) OF LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD. r “1 RITOCH-POWELL & Associates | RPA 602-263-1177 L _j WWW.RPAENG.COM Sheet 1 of 2 PAProjects\2019\219086 — 27th & Olney Ave Storm Droin & Roadway Design (new)\Survey\Legal Descriptions\300—16-014J (TCE).dwg Page § of 7 Exhibit B TEMPORARY CONSTRUCTION = Svan EASEMENT AREA CALCULATIONS Project No.;:_ PCN 117.05.31 Description: 27th and Olney Avenue Storm Drain Project I Parcel No.:_800-16-014)__ Street Address: 2696 W OLNEY AVE PHOENIX AZ 85041 _ soses Area of Existing Parcel| Area to be Acquired Area Remaining | Type of Acquisition | Symbol Sq. Ft. Acres Sq. Ft. Acres Sq. Ft. Acres Exist. Parcel 40,047 | 0.9977 = = 40,047 | 0.9977 Permanent ROW WILLA: - - - - - - Temp. Const, Easement|osxexexx| - 1,545 | 0.0355 - = Drainage Fesement QO - - - - - - ; ee t eee _—_ —_—— APN 300-16~014) NTS. _N89°5610"E NEW TCE _ 32.00" NO"03’50"W 17.00 N89°56'13"E_ N89°56'13E 136.15 32.03 50°03°50"E NO"06'37" | W 17.00° S0'26'34"E 5.00" \ s, 5.00" W ‘s0'26'34°E & > NO'06'37"W S0'26'34"E = < 33.00’ < | 33.00" : i SOeOES PORT CTNS rd iS N89°5613"E 200.21" 3 GZ N GiGAZ Yl Uy Yy YY 300.00 (LLY 40° Wn on 27.81" N89°5610"E 2628.21’ OLNEY AVE NEW PERMANENT ROW BY SEPARATE. INSTRUMENT WEST QUARTER—CORNER CENTER QUARTER—CORNER SECTION 12, TIS, R2E SECTION 12, T1S, R2E r “T RITOCH-POWELL & Associates IRPA 602-263-1177 L. | WWW.RPAENG.COM Sheet 2 of 2 Pa\Projects\2018\218088 — 27th & Olney Ave Storm Orain & Reodway Design (new)\Surey\Legal Cescriptiang\ 300-168-414 (ICE) dey Page 6 of 7 EXHIBIT “C” RIGHT OF WAY AGREEMENT Parcel No.: 300-16-014-J PCN.: 117.05.31 Project Name: 27% & Olney Avenues Storm Drain Project Project Termini: Olney Avenue to South Mountain Avenue Item No.: F00408 WJ 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: A. To use the real property described herein for the general welfare and benefit of the public. B. To pay the Grantors the sum of Seventeen Thousand Four Hundted Seventy-Eight and No/100 Dollars ($17,478.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Seven Thousand Six Hundted Sixty and No/100 Dollars ($7,660.00) as payment in full for the improvements located on the property described herein and broken out as follows: Depreciated Asphalt Pavement (765 sf x $4.00 per sf, less 10% =$2,754.00 Landscaping/Irrigation Replacement =$4,900.00 Site Improvements Total =$7,660.00 D. To pay the Grantors the sum of Five Hundred Ten and No/100 Dollars ($510.00) as payment in full for the Temporary Construction Easement on the property described herein. E. That, if in the opinion of the District it becomes necessary, private structures will be relocated in kind to the Grantor’s property, clear of the property described herein, at no expense to the Grantor except as may be herein otherwise agreed. F. That no costs relating to construction of roadway improvements on Project No. PCN 117.05.31, 27th & Olney Avenues Storm Drain Project, will be charged to the Grantor. G. To replace the existing CMU column and steel rail fencing at the new property line on APN 300-16-014-]. THE GRANTORS AGREE: 1. To grant a Warranty Deed for the real property described in Exhibit “A” and a Temporary Construction Easement for the real property described in Exhibit “B” to the District of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of Seventeen Thousand Four Hundred Seventy-Eight and No/100 Dollars ($17,478.00)) as payment in full for the property described herein. 3. To accept the sum of Seven Thousand Six Hundred Sixty and No/100 Dollars ($7,660.00) as payment in full for the improvements located on the property described herein and broken out as follows: Depreciated Asphalt Pavement (765 sf x $4.00 per sf, less 10%) =$2,754.00 Landscaping/Itrigation Replacement =$4,900.00 Site Improvements Total =$7,660.00 4, To accept the sum of N/A and No/100 Dollars ($00.00) as payment in full for reestablishment of depreciated improvements located on the property described herein. 5. To accept the sum of Five Hundred Ten and No/100 Dollats ($510.00) as payment in full for the Temporary Construction Easement on the property described herein. 6. 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 “E” and “G” above. 7. That, upon the Grantor's signing of the Warranty Deed, the District and/or its agents shall have immediate use of the property described herein. 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