B. DD-10857.PDF

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Tide Company Clear Tide Agency of Arizona, LLC Date /12/1751,/f
Address 2901 E. Camelback Rd. Suite 100 Phone 480-278-8425
City Phoenix, AZ 85016 Fax 866-522-1710
Escrow Officer Carol Riegel Email crieger@deartitleaz.com
Escrow No. 10-535166
Grantor: D&G Development, LLC Phone: 928-714-1700
Contact: Christine Garrison Cell:
Mailing Address: 4159 E. Huntington Email: Cgatrison01@rnsn.coni
City, State, Zip Flagstaff, AZ 86004 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: Real Estate Division, 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 Tide Company if escrowed, the purchase price plus all lawful (check all that apply):
costs incidental to dosing as follows:
Escrow Fees El Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees 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 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 Ei 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 property taxes and general and special improvement
assessments, including full payment of taxes and
• Other Charges: assessments on individual assessor parcels within the
Release Fees Maricopa County'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.
LI Easement(s): Consent to casement(s) by secured party (ies).
Total Other Charges
LI Other Disbursements:
Sub Total
Tide Report Credit
Land & Improvements* $10.00 Possession date: Upon Sigiamre
Severance Damages Close of escrow:
TCE Date of recording
Cost to Cure
Special Conditions Right of Way Contract Yes El No El
Exhibit "B"
Total Closing Costs*** Entry Agreement Yes El No El
Total Purchase Price $10.00 Addendum attached 'hereto and made a Yes D No [X]
TOTAL WARRANT** $10.00 part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Purchase Price" only.
***All Closing Costs to be paid by Seller.
Project: Warner Rd & L202 PCN: TL008
Assessor Parcel No.: 304-31-023 (portion) Item No DD-10857
Right of Way Agent: Dennis Smith Telephone # (602)506-1034

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, title 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 Bight of Way Agent or MARICOPA COUNTY - Real Estate Division 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.
The property owner 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 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 expressed herein is likewise; 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.
If IvIARICOPA COUNTY is acquiring only a portion of Grantor's property, then Grantor grants to MARICOPA COUNTY, its agents, employees and contractors, the right
to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of way, if
required. 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 understood and agreed that this temporary right
will expire and terminate thirty (30) days after completion of the above referenced project.
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.
D&G Development, LLC, an Arizona limited RECOMMENDED FOR APPROVAL: ACCEPIhD AND APPROVED:
liability company
Oatou
By: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
Its: Pti MA 6044 Hel-iiieg-
OF TRANSPORTATION SUPERVISORS
By:
Chairman of the Board
A 1 I EST:
Approved as to form within the
powers and authority of the Board of Clerk of the Board of Supervisors
Supervisors
Accepted Date
ESCROW 616 (10i- tobbAit
OFFICER
Deputy County Attorney Date Date
KGR Revised 4/11/2018
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Exhibit "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-31-023 (Portion)
Project No.: TL008 — Warner Rd & L202
Item No.: DD-10857 (DS)
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 contract.
THE COUNTY OF MARICOPA AGREES:
A. To use the real property described in Exhibit "A" for the general welfare and benefit of the public.
B. To pay the Grantor the sum TEN and no/100 dollars ($10.00) as payment in full for the property described
herein,
C. 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
County.
THE GRANTOR AGREES:
1. To grant a Warranty Deed for the teal 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 and no/100 dollars ($10.00) as payment in full for the property described herein.
3. That acceptance of this property in no way obligates Maricopa County to construct or maintain a roadway
within the Right of Way granted by this document.
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