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Flood Control District of Maricopa County Purchase Agreement and Escrow Instructions Title Company Security Title Company Date 03/10/2021 Address 4722, N 24t Street Suite 200 Phone 602-230-6297 City Phoenix, AZ 85016 Fax Escrow Officer Jason Bryant Email jbryant@secutitytitle.com Escrow No. 15200440-015 Grantor: Thunder Mountain Improvement Association Phone: _| 480-392-3398 Harold Contact Harold Cohen and Tracy Schofield Phone: | 480-967-7182 Ext104 Tracy Email Mailing Address: | 8540 W McDowell Rd #95 Harold | Atom858@yahoo.com Email City, State Zip Mesa, AZ 85207 Tracy tracy@metropsaz.com 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 the Charges and Disbursements to be paid from Grantor's funds as follows Title Company if escrowed, the purchase price plus all lawful costs (check all that apply): incidental to closing as follows: I I Escrow Fees TBD L] 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 | [ Mortgage Release L] 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 ptoperty taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within the Release Fees DISTRICT’S partial acquisition, and any Certificate(s) S.R.V.W.U.A. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. —_ | XX] _Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges [_] Other Disbursements: | Sub Total Title Report Credit Land* Possession date: Improvements* Close of escrow: Easement * Date of recording: Special Conditions Right of Way Contract Yes L] | No X] Exhibit B Total Closing Costs N/A Entry Agreement Yes L] | NoX] Total Purchase Price Addendum attached hereto and made a Yes K] | NoL] TOTAL WARRANT** part hereof *Escrow and title policy fees based on this amount only. **Sum of Total 5 1 71 1 1 4 530 2740 114 33 96.623413 Closing 5 1 71 1 1 5 655 2740 98 25 95.999954 Costs and 'Total Purchase Price" only. Project: Oak Street Basin & Drain PCN: | 420.04.31 Assessor Parcel No.: 219-24-155 Item No | F-00418 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 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. 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. 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: Thunder Mountain Improvement ae - 7 RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Association, an Arizona corporation FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF FLOOD ee OF MARICOPA COUNTY CONTROL DISTRICT OF MARICOPA 5 a hide” POF” COUNTY Harold Cohen President Date F/ 9/2) : ty Michael A Fulton Date Chairman of the Board _ AEE AON) FA Director, Flood Control District Tracy Sc field Community Manager Date 4A/*] [Zh Vil ATTEST: , U Michelle Colby, SR/WA Date Director, Real Estate Department Date Approved as to form within the powers and authority of the Board of Clerk of the Board of Directors 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 Parcel No.: 219-24-155 PCN.: 420.04.31 Project Name: Oak Street Basin & Drain Item No.: F-00418 (MM) WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between the Gtantor and the DISTRICT. No further consideration is being paid than described in this agreement. THE DISTRICT AGREES: A. To use the teal property described herein for the general welfare and benefit of the public. B. To pay the Grantors the sum of TEN DOLLARS and No/100 Dollars ($10.00) as payment in full for the real ptoperty described herein. C. That as part of Oak Street Basin & Drain project, The District's contractor will perform a one time clean up of the entire channel lying within APN 219-24-155. THE GRANTORS AGREE: 1. To grant an Easement for the real property described in Exhibit A to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of TEN DOLLARS and No/100 Dollars ($10.00) as payment in full for the property described herein. 3. That the District, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing C above. Page 3 of 3 Exhibit “A” Attached to Easement Parcel No. 219-24-155 Project No. 420.04.31 OAK STREET BASIN AND DRAIN-HERMOSA VISTA Item No. F00418-DE LEGAL DESCRIPTION FOR EASEMENT A parcel of land in the Southwest quarter of Section 33, Township 2 North, Range 7 East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Beginning at the northeasterly corner of Parcel “C” of Thunder Mountain, recorded in Book 285 of Maps, Page 44, Maricopa County Records; thence along the easterly line of said property South 00°09'05" East, for a distance of 214.87 feet; thence departing said easterly line South 89°50'55" West, for a distance of 25.00 feet to the westerly line of said property, said line also being parallel with and 40.00 feet easterly of the West line of said Southwest quarter; thence along said parallel line North 00°09'05" West, for a distance of 190.00 feet; thence departing said parallel line North 44°59'33" East, for a distance of 35.27 feet to the Point of Beginning. The above described parcel contains 5,061 square feet or 0.1162 acres, more or less, and is depicted on the attached Exhibit “B”. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Prelim: 02/22/2021 HP__| Chk: | Appr: AW} 2/22/2021 Rev: Maricopa County Real Estate Department pf GRANTOR_ 7/7 pATE_Y///72} Page | of | Page 5 of 6 Exhibit B, Attached to Easement OAK STREET Not to Scale 40' EXIST rw /” | 219-24-019 BEARING | LENGTH | S$ 00°09'05"E | 214.87" 40 $ 89°50'55"W | 25.00" | N00°09'05" W | 190.00" N 44°59'33" E 35.27 | a | < SO | | op) Thunder Mountain WW I | Fo0416-DE S| MCR 285-44 << I >| =x ed | 219-24-018 O ti “ | 2] oN 40’ > F00418 219-24-155 = Parcel C — <2) es F00418-DE Area: 5,061 square feet or 0.1162 acres Total Req'd. Area: 5,061 square feet or 0.1162 acres 1 of 1 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY APN 219-24-155 OAK STREET BASIN AND DRAIN - HERMOSA VISTA PROJECT No. 420.04.31 | ITEM No, F00418-DE DATE 02/22/2021 RW T.D. Tech HP Page 6 of 6