B. PURCHASE AGREEMENT.PDF

Maricopa County — Formal (2021-04-21)

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EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 300-81-018B
PCN.: 117.01.31
Project Name: Hidden Valley Basins
Item No.: F00365 (SO)
WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between
the Grantors 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 One Hundred Thirty Six Thousand Eight Hundred Seventy and No/100
Dollars ($136,870.00) as payment in full for a portion of the Real Property in Fee Simple, a Drainage Easement and a
Temporary Construction Easement each described herein, but a total overall of Four Hundred Fifty Thousand and
No/100 Dollars ($450,000.00) to resolve all issues related to this transaction, all as reflected on the Purchase
Agreement and Escrow Instructions.
C. To allow the use of 30 feet across the FCD Drainage Easement described herein as Exhibit "A" Drainage Easement
Legal Description and Exhibit "B" Drainage Easement Exhibit for the Easement or Right of Way for Access to
Property (APN 300-81-018B)
D. That, if in the opinion of the District it becomes necessary, private structures will be relocated in kind to the Grantors’
property, clear of the property described herein, at no expense to the Grantors except as may be herein otherwise
agreed.
E. That no costs relating to project PCN 117.01.31 will be charged to the Grantors.
F. To use the Temporary Construction Easement for the sole purpose of grading the ingress/egress area easement for
APN 300-81-018B per the attached Temporary Construction Easement Exhibit “A”.
G. If needed, to coordinate the relocation of the electrical and fiber optic utilities on APN 300-81-018B during
construction of a future FCD project if the property has not yet been developed.
THE GRANTORS AGREE:
1. To grant a Warranty 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 accept the sum of Four Hundred Fifty Thousand and No/100 Dollars ($450,000.00) as payment in full for a
portion of the Real Property in Fee Simple, a Drainage Easement and a Temporary Construction Easement each
described herein
3. Grantors agree to terminate the existing Easement or Right of Way for Access to Property, that was recorded
09/28/17 in document #2017-0717601.
4. Grantors accept the 30 feet across the FCD Drainage Easement for the Easement or Right of Way for Access to
Property (APN 300-81-018B) described herein as Exhibit "A" Drainage Easement Legal Description and Exhibit "B"
Drainage Easement Exhibit.
5. To grant a new Easement or Right of Way for Access to Property across remainder of (APN 300-81-018B) to the
current owner Patrick Lewis Johns and Carie Lee Johns, 300-81-019J, for access and future utility relocation.
6. That the District, or its agents, is hereby granted the right to enter upon the remaining property of the Grantors for
the purpose of accomplishing D above.
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