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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Empire West Tide Agency Date 10/12/2018 Address 4808 North 22" Street, Suite 100 Phone 602-749-7152 City Phoenix, Arizona 85016 Fax 480-566-6433 Escrow Officer Sharon Dyke Email sharond@ewtaz.com Escrow No. 78516EW John Farms, LLLP, an Arizona limited liability partnership By: Insurance-2006, L.L.C. Grantor: an Arizona limited liability company Phone: 602-377-2415 Contact Phyllis Heiden Phone: Mailing Address: 2720 South 231st Avenue Email City, State Zip Buckeye, Arizona 85326 Fax: Grantee: Maxicopa County, a political subdivision of the State of Arizona Mailing Address: Real Estate Department, 2801 W. Durango Street, Phoenix, _Arizona 85009 MARICOPA COUNTY shalt 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: f I I Escrow Fees TBD D 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 current year's real property taxes on closings that occur on at 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 • Partial Acquisition of Grantor's Property: Partial release of all Release of Lease monetary liens and encumbrances, and leases of any kind. , At the discredon 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 Release Fees Maricopa County's partial acquisition, and any Certificate(s) S.R.V.W.IJA. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. I I El Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges I • Other Disbursements: i Sub Total Title Report Credit Drainage Easements $ 400.00 Possession date: ***Temporary Construction Easement $ 365.00 Close of escrow: Site Improvements — Irrigation Water Flow $ 800.00 Date of recording: Additional Compensation per Administrative Settlement $13,435.00 ***Right of Entry $ 500.00 Special Conditions Right of Way Contract Yes .,. No • Exhibit "B" Total Closing Costs TBD Entry Agreement Yes El No El Total Purchase Price $15,500.00 Addendum attached hereto and made a Yes • No r 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. ***DJ be paid outside of closing Project: Rainbdw Wash PCN: Tf 0559 Assessor Parcel No.: 401-66-015N and 401-66-015M Item No 023535 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 Tide 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 tide insurance; and pay the balance of the escrowed funds to the party or patties entitled thereto. It is ffirther 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 authorised 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 tide 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 he responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the Grantor's property caused by MARICORA 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: RECOMIVIENDED FOR APPROVAL: ACCEPTED AND APPROVED: John Farms, LLLP, an Arizona limited liability partnership MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF By: Insurance-2006, L.L.C. an Arizona OF TRANSPORTATION SUPERVISORS limited liability company, —7 its General Partner . t . AiLee.407,--irie 69.-"ale.) Real Property anager Chairman of the Board BY: Phyl1sjeiden, its Manager / VA '',/i , 7/ i 7 ATFEST: Date (!..0S, BY: Paula Young, 4snage Approved as to form within the I °""/Z--1 b powers and authority of the Board of Clerk of the Board of Supervisors Date: Supervisors Accepted Date ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 401-66-015N and 401-66-015M Project No.: 110559 Project Name: Rainbow Wash Item No.: D23535 OR) 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 MAR1COPA 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 Four Hundred and No/100 Dollars ($400.00) as payment in full for the Drainage Easements located on parcels 401-66-015N and 401-66-015M as described herein. C. To pay the Grantors the sum of Three Hundred Sixty Five and No/100 Dollars ($365.00) as payment ii full for the Temporary Construction Easements located on parcels 401-66-015N and 401-66-015M as described herein. To be paid outside of closing D. To pay the Grantors the sum of Thirteen Thousand One Hundred Dollars and No/100 ($13,435.00) as payment in full for additional compensation as per the Administrative Settlement E. To pay the Grantors the sum of Eight'Hundred. and No/100 Dollars ($800.00) as payment in full for the improvements located on the property described herein and broken out as follows: Irrigation Water Flow Compensation within TCE area =$800.00 F. To pay the Grantors the sum of Four Hundred and No/100 Dollars ($500.00) as payment in full for the Right of Emil for Construction. * To be paid outside of closing G. 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. H. That no costs relating to construction of roadway improvements on Project No. 110559 will be charged to the Grantor. THE GRANTORS AGREE: 1. To grant a Drainage 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 Four Hundred and No/100 Dollars ($400.00) as payment in full for the Drainage Easements located on 401-66-015N and 401-66-015M as described herein. 3. To pay the Grantors the sum of Five Hundred and No/100 Dollars ($365.00) as payment in full for the Temporary Construction Easements located on parcels 401-66-015N and 401-66-015M as described herein. *To be paid outside of closing 4. To accept the sum of Thirteen Thousand One Hundred Dollars and No/100 ($13,435.00) as payment in full for additional compensation as per the Administrative Settlement. 5. To accept the sum of Eight Hundred and No/100 Dollars ($800.00) as payment in full for the improvements located on the property described herein and broken out as follows: Irrigation Water Flow Compensation within TCE area =$800.00 6. To accept the sum of Four Hundred and No/100 Dollars ($500.00) as payment in full for the Right of Entry for Construction. * To be paid outside of closing 7. 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. Parcel No. 401-66-015 M Project No. TT0559 OLD 'US 80 AT RAINBOW WASH Item No. D23535-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land being a portion of that property as described in Document 1988-0419371, Maticopa County Records, lying in the Northeast Quarter of Section Seven, Township Three South, Range Four West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at the East Quarter corner of said Section 7, being an aluminum cap, from which the Northeast corner of said Section 7, a rebar, bears North 01 01123" West, for a distance of 2589.38 feet; thence along the East line of said Section 7 North 01 01123" West, for a distance of 1169.25 feet to the South right of way line of Old U.S. 80; thence along said South right of way line North 58°2708" West, for a distance of 259.09 feet to the beginning of a tangent curve concave to the northeast having a radius of 1959.86 feet; thence northwesterly along the arc of said curve having a central angle of 05°37'01", for an arc distance of 192.14 feet to the beginning of a non-tangent line; thence South 37°0953" West, for a distance of 50.00 feet radial to the next described curve concave to the northeast having a radius of 2009.86 feet to a point on the arc of said curve; thence northwesterly along the arc of said curve having a central angle of 08 01259", for an arc distance of 288.22 feet to the beginning of a tangent line; thence North 44°3708" West, for a distance of 174.53 feet to the Northeast corner of said property and the Point of Beginning; thence continuing along said South right of way line North 44°37'08" West, for a distance of 128.44 feet; thence departing said South right of way line South 45 002'43" West, for a distance of 71.93 feet; thence South 45 054'42" East, for a distance of 103.12 feet to the Southerly line of said property; thence along said Southerly property line North 70°2902" East, for a distance of 36.94 feet; thence North 59°44'33" East, for a distance of 37.31 feet to the Point of Beginning. The above described parcel contains 8,306 square feet or 0.1907 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-1/23/18 Chic APPr: -6 q -)6i 3 Rev: Maricopa County Public Works - Real Estate Division GRANTOR DATE tb • t8 EXHIBIT "A" NO. RADIUS DELTA LENGTH TANGENT Cl 1959.86' 05037 101" 192.14 96.14' 02 2009.86' 08 0 12 159" 288.22' 144.36' N87°02`01'W ' 2675.24' —SEC TT— ---------- 401-66-015F D23535 "W JOHN FARMS '23 401-66-015M DE °11 N01 D23534 CRG PARTNERS II LIC 401-66-015K NO. BEARING LENGTH 4/6-Ae69 L1 S 37°09'53" W 50.00' 023535 c?›.: 06), 09; L2 N 44°37'08" W 174.53' JOHN FARMS L3 N 44°37'08" W 128.44' 401-66-015N L4 S 45°02'43" W 71.93' L5 S 45 054 142" E 103.12' L6 N 7002902" E 36.94' L7 N 59044 133" E 37.31' NO. BEARING LENGTH R131 S 37 609 153" W 2009.86' D23535-2 Drainage Easement: 8,306 square feet or 0.1907 acres MARICOPA COUNTY OLD U.S. 80 at RAINBOW WASH R/W Agent: 3.R. PROJECT No, TT0559 ITEM No. D23535-2 DATE 2-8-18 MARICOPA COUNTY Tech: RES Parcel No. 401-66-015 N Project No. TT0559 OLD US 80 AT RAINBOW WASH Item No. D23535-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land being a portion of that property as described in Document 1988-0419371, Maricopa County Records, lying in the Northeast Quarter of Section Seven, Township Three South, Range Four West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at the East Quarter comer of said Section 7, being an aluminum cap, from which the Northeast corner of said Section 7, a rebar, bears North 01°1123" West, for a distance of 2589.38 feet; thence along the East line of said Section 7 North 01°1123" West, for a distance of 1169.25 feet to the South right of way line of Old U.S. 80; thence along said South right of way line North 58°27'08" West, for a distance of 259.09 feet to the beginning of a tangent curve concave to the northeast having a radius of 1959.86 feet; thence northwesterly along the arc of said curve having a central angle of 03°23'42", for an arc distance of 116.13 feet to the Northwest comer of said property and the beginning of a non-tangent line; thence along the Northerly line of said property South 60°20'43" West, for a distance of 70.34 feet to the beginning of a tangent curve concave to the northwest having a radius of 379.78 feet; thence southwesterly along the arc of said curve having a central angle of 05°41'34", for an arc distance of 37.73 feet to the Point of Beginning; thence continuing along said Northerly property line southwesterly along the arc of a curve concave to the northwest having a radius of 379.78 feet, and to which point a radial line bears South 23'57'43" East, having a central angle of 02°24'24", for an arc distance of 15.95 feet to the beginning of a non- tangent line; thence departing said Northerly property line South 06°28'58" East, for a distance of 15.24 feet; thence North 31°21'40" East, for a distance of 24.96 feet to the Point of Beginning. The above described parcel contains 116 square feet or 0.0027 Acres more or less. Page 1 of 1 MARKOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-1/23/18 Chk: APPr: EV A2 - hci-20N Rev: Maricopa County Public Works - Real Estate Division GRANTOR- DATE \ • t.-P EXHIBIT "A" NO. RADIUS DELTA LENGTH TANGENT C1 1959.86' 03°23'42" 116.13' 58.08' C2 379.78' 05°41'34" 37.73' 18.88' C3 379.78' 02°24'24" 15.95' 7.98' NJ .S. ....____ N87°02'01"W 2675.24' SEC LN <C\ 401-66-015F oi Co D23535 JOHN FARMS 401-66-015M 123"W 1 ° NO1 D23534 CRC PARTNERS IF LLC 401-66-015K NO. BEARING LENGTH L1 S 6002043" W 70.34' L2 S 06°28'58" E 15.24' L3 N 31°21'40" E 24.96' D23535 \ JOHN FARMS NO. BEARING LENGTH \ 401-66-015N RBI S 23°57'43" E 379.78' \ V / D23535-2 Drainage Easement: I DE 116 square feet or 0.0027 acres MARICOPA COUNTY OLD U.S. 80 at RAINBOW WASH PROJECT No, TT0559 ITEM No. D23535-2 DATE 2-8-18 MARICOPA COUNTY R/W Tech: Agent: RES J.R. Parcel. No. 401-66-015 N Project No. TT0559 OLD US 80 AT RAINBOW WASH Item No. D23535-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 1988-0419371, Maticopa County Records, lying in the Northeast Quarter of Section Seven, Township Three South, Range Four West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at the East Quarter corner of said Section 7, being an aluminum cap, Rom which the Northeast corner of said Section 7, a rebar, bears North 01°11'23" West, for a distance of 2589.38 feet; thence along the East line of said Section 7 North 01°11'23" West, for a distance of 1169.25 feet to the South right of way line of Old U.S. 80; thence along said South right of way line North 58°27'08" West, for a distance of 259.09 feet to the beginning of a tangent curve concave to the northeast having a radius of 1959.86 feet; thence northwesterly along the are of said curve having a central angle of 03 023'42", for an arc distance of 116.13 feet to the Northwest corner of said property and the beginning of a non-tangent line; thence along the Northerly lino of said property South 60°20'43" West, for a distance of 70.34 feet to the beginning of a tangent curve concave to the northwest having a radius of 379.78 feet; thence southwesterly along the arc of said curve having a central angle of 00'33'17", for an arc *distance of 3.68 feet to the Point of Beginning; thence continuing along said Northerly property line southwesterly along the arc of a curve concave to the northwest having a radius of 379.78 feet, and to which point a radial line bears South 29°06'00" East, having a central angle of 05°08'17", for an arc distance of 34.06 feet to the beginning of a non- tangent line; thence departing said Northerly property line South 31'21'40" West, for a distance of 24.96 feet; thence North 06°28'58" West, for a distance of 15.24 feet to said Northerly property line and the beginning of a non-tangent Clitve concave to the north having a radius of 379.78 feet, and to which point a radial line bears South 21°33'19" East; thence along said Northerly property line westerly along the arc of said curve having a central angle of 14°13'16", for an arc distance of 94.26 feet to the beginning of a tangent line; Page 1 of2 MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-1/23118 Chk: APPr: i_V tig-17-2m3 Rev: RES-2/6/18; RES-8/15/18 Maricopa County Public Works - Real Estate Division GRANTOR DATE \ la -k EXHIBIT "A" NO, RADIUS DELTA LENGTH TANGENT Cl 1959.86' 03023 142" 116,13' 58.08' C2 379.78' 0003317" 3.68' 1.84' G3 379.78' 05°08'17" 34.06' 17.04' C4 379.78' 14 013116" 94.26' 47.37' N.T.S. C5 2166.87 01°37'27 61.43' 30.71' SEC LAI N87757--- 01"w 267ULT-- NO. BEARING LENGTH Li S 60 020 143" W 70.34' L2 S 31°21'40" W 24.96' L3 N 06028 158" W 15.24' L4 S 82039157" W 30.94' L5 S 05°13'24" W 39.57' 401-66-015F L6 8 58°3820" E 27.98' L7 N 68°40'02" E 115.90' L8 N 18 004 102" E 81.91' . L9 N 59°55'42" W 40,72' D23535 NO. BEARING LENGTH JOHN FARMS RBI S 29 006'00" E 379.78' 401-66-015M ( RB2 S 21°33'19" E 379.78' °1123"W RB3 S 38 039'51"W 2166.87' _ NO1 7-77: POB 023534 \ CRG PARTNERS II LLC X c2 I 401-66-015K N \ --- \ N --- .---- -- `-,:- io& ,v,\ - y- TCE 023535 JOHN FARMS 401-66-015N L2 \ / ,. / "..„. ---_, ---- D23535-1 Temporary Construction Easement: 14,861 square feet or 0.3412 acres MARICOPA COU\TY OLD U.S, 80 at RAINBOW WASH PROJECT No. TT0559 ITEM No, D23535-1 DATE 84548 MARICOPA COUNTY R/W Tech: Agent: RES J.R. Parcel No. 401-66-015 M Project No. TT0559 OLD US 80 AT RAINBOW WASH Item No. D23535-I EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 1988-0419371, Maricopa County Records, lying in the Northeast Quarter of Section Seven, Township Three South, Range Four West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at the East Quarter corner of said Section 7, being an aluminum cap, from which the Northeast corner of said Section 7, a rebar, bears North 01 011'23" West, for a distance of 2589.38 feet; thence along the East line of said Section 7 North 01°11'23" West, for a distance of 1169.25 feet to the South right of way line of Old U.S. 80; thence along said South right of way line North 58°27'08" West, for a distance of 259.09 feet to the beginning of a tangent curve concave to the northeast having a radius of 1959.86 feet; thence northwesterly along the arc of said curve having a central angle of 05°37'01", for an arc distance of 192.14 feet to the beginning of a non-tangent line; thence South 37°09'53" West, for a distance of 50.00 feet radial to the next described curve concave to the northeast having a radius of 2009.86 feet to a point on the arc of said curve; thence northwesterly along the arc of said curve having a central angle of 08°12'59", for an arc distance of 288.22 feet to the beginning of a tangent line; thence North 44°37'08" West, for a distance of 302.97 feet to the Point of Beginning; thence continuing along said South right of way line North 44°37'08" West, for a distance of 71.53 feet; thence departing said South right of way line South 45°18'49" West, for a distance of 102.11 feet; thence South 08°35'10" East, for a distance of 93.32 feet; thence South 44'37'08" East, for a distance of 42.90 feet to the Southerly line of said property; thence along said Southerly property line South 89°4619" East, for a distance of 41.82 feet; thence North 70°29'02" East, for a distance of 63.79 feet; thence departing said Southerly property line North 45°54'42" West, for a distance of 103.12 feet; thence North 45'02'43" East, for a distance of 71.93 feet to the Point of Beginning. The above described parcel contains 16,068 square feet or 0.3689 Acres more or less. Page loll MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-1/23/18 Chk: Appr: LV 02-0q-,R4 Rev: RES-2/8/18 Maricopa County Public Works - Real Estate Division GRANTOR DATE EXHIBIT "A" NO. RADIUS DELTA LENGTH TANGENT Cl 1959.86' 05°37'01" 192.14' 96.14' C2 2009.86' 08°12'59" 288.22' 144.36' N .T. S. / / \C' 1 1 < I \ 1"71 \c, L7 \-b V / D23535 ..-- -7 JOHN FARMS 23"W 401-66-015M -1 °1 NO1 NO. BEARING LENGTH 023534 Li S 37°09'53" W 50.00' CRG PARTNERS L2 N 44°37'08" W 302.97' 401-66-015K L3 N 44°37'08" W 71.53' L4 S 45°18'49" W 102.11' 4/649 D ›.; 09, L5 S 08°35'10" E 93.32' D23535 L6 S 44°37'08" E 42.90' JOHN FARMS L7 S 89°46'19" E 41.82' 401-66-015N L8 N 70°29'02" E 63.79' L9 N 45°54'42" W 103.12' L10 N 45°02'43" E 71.93' NO. BEARING LENGTH RBI S 37°09'53" W 2009.86' D23535-1 Temporary Construction Easement: 16,068 square feet or 0.3689 acres MARICOPA COUNTY OLD U.S. 80 at RAINBOW WASH R/W Agent: J.R. PROJECT No, TT0559 ITEM No. D235351 DATE 2-818 MARICOPA COUNTY Tech: RES