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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date November 7, 2019 Address 4722 North 24' Street, Suite 200 Phone 602-230-6249 City Phoenix, Arizona 85016 Fax 602-926-0452 Escrow Officer Victoria Smith Email vsmith@securitytitle.com Escrow No. 15180498-015-VS Grantor: Valle Eldorado Homeowners' Association, Inc., and Arizona Non-Profit Corporation Phone: 480-415-3055 Contact Sarah Bisom Phone: Mailing Address: 7255 East Hampton Avenue, Suite 101 Email sarahmwa@hotmail.com City, State Zip Mesa, Arizona 85209 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or deposit Charges and Disbursements to be paid from Grantor's funds as follows with the Title Company if escrowed, the purchase price plus all lawful (check all that apply): costs incidental to closing as follows: I I Escrow Fees TBD III 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 IE] 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 Maricopa County, 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 Release Fees Maricopa County's partial acquisition, and any Certificate(s) S.RAT.W.U.A. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. El Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD 1 I • Other Disbursements: Sub Total Title Report Credit Land* $1,789.00 Possession date: Improvements* $2,437.00 Close of escrow: Temporary Construction Easement $107.00 Date of recording: Special Conditions Right of Way Contract Yes i1 No 0 Exhibit "B" Total Closing Costs TBD Entry Agreement Yes 0 No $4,335.00 Total Purchase Price (Rounded) Addendum attached hereto and made a Yes 0 No El TOTAL WARRANT** TBD part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: Lower Buckeye Road (71st Ave to 67th Ave) PCN: T1'0495 Assessor Parcel No.: 104-35-227 Item No D23709 Right of Way Agent: Jennifer Rodriguez Telephone # 602-506-4897 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 MARICOPA COUNTY, tide to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. 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 MARICOPA COUNTY." 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. Maricopa County 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, Maricopa County 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 MARICOPA COUNTY and payment will be made direct from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS 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 MARICOPA COUNTY. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the Grantor's property caused by MARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821. 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: Valle El Dorado Homeowners' Association, Inc., an Arizona Non-Profit Corporation MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATIO I SUPERVISORS ---% BY: --p,v,5:41,...4- ../P ,...--/ 1 _... cal roperty anager Chairman of the Board ITS /..-7///7 Al TEST: i I Itqbq Date Date Approved as to form within the powers and authority N:.:.,,_,:, of the Board of Clerk of the Board of Supervisors Su r,. i is , rs tit, Accepted Date i 123 ei ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 104-35-227 Project No.: IT0495 Project Name: Lower Buckeye Road Project Termini: (71st Ave to 67th Ave) Item No.: D23709 (JR) WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between the Grantor and Maricopa County. No further consideration is being paid than described in this agreement. THE COUNTY OF MARICOPA 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 Thousand Seven Hundred Eighty Nine and No/100 Dollars ($1,789.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Two Thousand Four Hundred Thirty Seven and No/100 Dollars ($2,437.00) as payment in full for the improvements located on the property described herein and broken out as follows: Gravel Landscaping Estimate $800.00 River Rock Landscaping Estimate $ 8.00 Boulders Estimate $200.00 Materials Delivery Fees $104.00 Shrubs/Bushes Estimate $275.00 Yucca Plant Estimate $100.00 Tree Estimate $800.00 Plant/Tree Deliver Fees $150.00 Site Improvements Total =$2,437.00 D. To pay the Grantors the sum of One Hundred Seven and No/100 Dollars ($107.00) as payment in full for the Temporary Construction Easement on the property described herein. E. That, if in the opinion of the Transportation Director 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. "I`f 0495 will be charged to the Grantor. 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 One Thousand Seven Hundred Eighty Nine and No/100 Dollars ($1,789.00) as payment in full for the property described herein. 3. To accept the sum of Two Thousand Four Hundred Thirty Seven and No/100 Dollars ($2,437.00) as payment in full for the improvements located on the property described herein and broken out as follows: Gravel Landscaping Estimate $800.00 River Rock Landscaping Estimate $ 8.00 Boulders Estimate $200.00 Materials Delivery Fees $104.00 Shrubs/Bushes Estimate $275.00 Yucca Plant Estimate $100.00 Tree Estimate $800.00 Plant/Tree Deliver Fees $150.00 Site Improvements Total =$2,437.00 4. To accept the sum of One Hundred Seven and No/100 Dollars ($107.00) as payment in full for the Temporary Construction Easement on the property described herein. 5. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing "E" above. Page 3 of 3 Parcel No. 104-35-227 Project No. TT495 LOWER BUCKEYE RD (71ST AVE TO 67TH AVE) Item No. D23709 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2003-0895179, Maricopa County Records, lying within the Southwest quarter of Section Thirteen, Township One North, Range One East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: ROW 1: Commencing at the Southwest corner of the Southwest quarter of said Section 13, being a brass cap in pothole, from which the West quarter corner of said Section 13, being an aluminum cap in pothole, bears North 00°09'58" East, for a distance of 2628.88 feet; thence along the South line of said Southwest quarter South 89°16'26" East, for a distance of 2343.87 feet; thence departing said South line North 00°43'34" East, for a distance of 40.00 feet to the Point of Beginning; thence continuing North 00°43'34" East, for a distance of 7.00 feet to a point on a line parallel with and 47.00 feet northerly of the South line of said Southwest quarter; thence along said parallel line South 89°16'26" East, for a distance of 204.00 feet; thence departing said parallel line North 00°43'34" East, for a distance of 2.00 feet to a point on a line parallel with and 49.00 feet northerly of the South line of said Southwest quarter; thence along said parallel line South 89°16'26" East, for a distance of 21.43 feet; thence departing said parallel line South 44°42'19" West, for a distance of 12.51 feet to a point on a line parallel with and 40.00 feet northerly of the South line of said Southwest quarter; thence along said parallel line North 89°16'26" West, for a distance of 216.74 feet to the Point of Beginning. The above describe parcel contains 1,582 square feet or 0.0363 acres, more or less. CONTINUED ON NEXT PAGE GRANTOR DATE Page 1 of 2 EXHIBIT "A" ROW 2: Commencing at the Southwest corner of the Southwest quarter of said Section 13, being a brass cap in pothole, from which the West quarter corner of said Section 13, being an aluminum cap in pothole, bears North 00°09'58" East, for a distance of 2628.88 feet; thence along the South line of said Southwest quarter South 89 016126" East, for a distance of 2618.14 feet to the South quarter corner of said Section; thence departing said South line line North 00°50'47" East, for a distance of 67.91 feet; thence North 89°09'13" West, for a distance of 38.00 feet to the Point of Beginning; thence continuing North 89 009'13" West, for a distance of 1.00 foot; thence South 00050 147" West, for a distance of 8.66 feet; thence North 44°42'19" East, for a distance of 1.44 feet; thence North 00 050 147" East, for a distance of 7.61 feet to the Point of Beginning. The above described parcel contains 8 square feet or 0.0002 Acres more or less. All described parcels combined contain 1,590 square feet or 0.0365 Acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: OL- 08/21/19 Chk: Appr: LV aq--27 -20(q Rev: Maricopa County Public Works - Real Esta_te-Depaistnnent GRANTORC-1BATE EXHIBIT "A" Page 2 of 2 N.T.S. MID SEC LN 71st Ave ci) (r EXIST R/W ZD b ilo ;-- 0) 0 0 (-0 1.44' (D. Eldorado LENGTH 216.74' r--: co c6 co N-- (xi N- Homeowners Associations 104-35-227 Valle W W E E BEARING „l- 89°16'26" 0-0 c) cz) c) Lo 44°42'19" 00°50'47" c, <,!:,) (6) c,:) 104-35-004 CD CO CO 0 Z ZZ W N ci co 0) Z J- - - I :-.1 7. I: I :J. I ;-- LENGTH 2343.87' 40.00' 204.00' 2.00' 21.43' c\i in N E E N E W W w N .Z0 ..4 'to r& BEARING N CO N N- N 89°1626" 00°43'34" 00°43'34" i.0 C- .&) V. CO N C6) CO C.:. CD Z)D CO ;- .1.. U) Z U) U) N- Z N D23709 Fee Simple Right of Way: ROW 1:1,582 square feet or 0.0363 acres ROW 2: 8 square feet or 0.0002 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0495 Lower Buckeye Rd - 71st Ave TO 67th Ave PROJECT No, 70495 ITEM No. D23709 DATE 8-26-19 M.C.D.O.T. R/W Agent: J.Rob. Tech: OL Parcel No. 104-35-227 Project No. TT495 LOWER BUCKEYE RD (71ST AVE TO 67TH AVE) Item No. D23709-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2003-0895179, Maricopa County Records, lying within the Southwest quarter of Section Thirteen, Township One North, Range One East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the Southwest corner of the Southwest quarter of said Section 13, being a brass cap in pothole, from which the West quarter corner of said Section 13, being an aluminum cap in pothole, bears North 00°09'58" East, for a distance of 2628.88 feet; thence along the South line of said Southwest quarter South 89°16'26" East, for a distance of 2343.87 feet; thence departing said South line North 00°43'34" East, for a distance of 40.00 feet to the Point of Beginning; thence North 89 016 126" West, for a distance of 9.88 feet; thence North 00 016 726" West, for a distance of 10.00 feet; thence South 89°1626" East, for a distance of 225.03 feet; thence North 46°17'37" East, for a distance of 23.01 feet; thence North 00°50'47" East, for a distance of 13.89 feet; thence South 89°16'26" East, for a distance of 5.00 feet; thence South 00°50'47" West, for a distance of 12.01 feet; thence North 89 00913" West, for a distance of 1.00 feet; thence South 00 050 147" West, for a distance of 8.66 feet; thence South 44°42'19" West, for a distance of 14.36 feet; thence North 89 01626" West, for a distance of 21.43 feet; thence South 00°43'34" West, for a distance of 2.00 feet; thence North 89°16'26" West, for a distance of 204.00 feet; thence South 00°43'34" West, for a distance of 7.00 feet to the Point of Beginning. The above described parcel contains 956 square feet or 0.0219 acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: OL- 08/21/19 Chk: Appr: 0W-,27-2(31q Rev: Maricopa County Public Works - Real Estate Department GRANTORC_____ DATE EXHIBIT "A" Page 1 of 1 N N.T.S. MID SEC LN 71st Ave co EXIST R/W I I I I Rd b Co b ,- - c) c -s) b Z--- 14.36' 2.00' b LENGTH 2343.87' a (:). a) CC). cp q 225.03' C r0 c (0 co 6 a c\i CD 1.00' 8.66' 21.43' 204.00' t--: co 104-35-004 d- \-- C\I <- Buckeye W W W W E E W W W W = BEARING N C O 00°16'26"W N tO Sr `i d* - 1I.. ,--* - E0 N 'Cr° cO - -d- t.0 C\1 Lower «D (o 89°16'26" .---- C.0 46°1T37" 00°50'47" <- CO to 0 0 a) 00°50'47" 44°42'19" c•-• co ,7t co <- Zo 00°43'34" 104-35-005 CO & 0 0 CO '6) CO ZY) L co CO & 0) CO 0 0 0) (J) Z N N Cl) N N W W Z S S z u) Z CO S I c; ,--, _03 It. Lo, (.3 ,11- .-..] ,r, __I 0) L- o N.-. cV c0 -Kt. 10 CO Z --' : 104-35-006 2 L2 L16 104-35-007 \ CO 0 L4 NOO°09'58"E 2628.88' SEC LN D23709 Temporary Construction Easement: 956 square feet or 0.0219 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT T10495 Lower Buckeye Rd - 71st Ave TO 67th Ave PROJECT No, T10495 ITEM No. D23709- 1 DATE 8-26-19 M.C.D.O.T. R/W Agent: J.Rob. Tech: OL