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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company N/A Date June 6, 2018 Address Phone City Fax Escrow Officer Email Escrow No. Darrel L. Kuiper and Diane J. Kuiper, Co-Trustees of the Kuiper Family Trust UTA Grantor: dated 9114/1998 AND IIK Legacy, LLC, an Arizona !limited liabilty company Phone: (602)390-8075 Address: Attn: Darrel Kuiper 4277 N. Sentinel Drive Email darrelkuiper@gmaitcorn City, State Zip Buckeye, AZ 85396 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 (check all that apply): lawful costs incidental to closing as follows: I i Escrow Fees N/A U Total Acquisition of Grantor's Property: Full release of all Title Policy Fees N/A 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 N/A 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 I I Mortgage Release El 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 Release Fees Maricopa County's partial acquisition, and any Certificate(s) S.R.V,W. G.A. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. 0 Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges N/A I 0 Other Disbursements: I Sub Total N/A Possession date: Land (825.03 Sq. Ft.) $570,00 Close of escrow: Temporary Construction Easement $100.00 Date of recording: Agreement for Right of Entry $500.00 Special Conditions Right of Way Contract Yes No 0 Exhibit "B" Total Closing Costs N/A Entiy Agreement Yes • No 0 Total Purchase Price $1,170.00 Addendum attached hereto and made a Yes • No El TOTAL WARRANT** $1,170.00 part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: MC85 (Liberty School to Cotton Lane) PCN: TT0548 Assessor Parcel No.: 400-09-010C Item No D23447 Right of Way Agent: Mona D. Cervantes Telephone (602)506-8685 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, 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 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. IVIaricopa County will pay the costs of the owner's title insurance policy; fees associated with fender 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 condenmation, 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: Darrel L. Kuiper and Diane J. Kuiper, Co- Trustees of the Kuiper Family Trust dated 9/14/1998 AND HK Legacy, LLC, an Arizona limited liability company • . MAR1COPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Darrel L. toper, a o-Trustee ../ ..a- .,!_...t..ir A. YI-A--',I10 Ililliiii4.142‘^--"'"" Real Prope Ma ager Chairman of the Board Diane J. Kuiper, ,s Co-Truste "i //// i/i'' ATTEST: . Date di By: Darrel L.K mei Approved as to form within the Its: Manager powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Accepted Date 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.: 400-09-010C Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23447 (MDC) 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. MAR1COPA COUNTY 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 Five Hundred Seventy and No/100 Dollars ($570.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of One Hundred and No/100 Dollars ($100.00) as payment in full for the Temporary Construction Easement on the property described herein. D. 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. E. That no costs relating to construction of roadway improvements on Project No. TT0548 will be charged to the Grantor. THE GRANTOR(S) AGREE: I. 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 Five Hundred Seventy and No/100 Dollars ($570.00) as payment in full for the property described herein. 3. To accept the sum of One Hundred and No/100 Dollars ($100.00) as payment in full for the Temporary Construction Easement ou the property described herein. 4. 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 "D" above. Page 3 of 3 Parcel No. 400-09-010 C Project No. TT0548 MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE Item No. D23447 EXHIl3IT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2013-0418373, Maricopa County Records, lying within the Northeast Quarter of Section Six, Township 0116 South, Range Two West of the Gila and Salt River Meridian, and being more particularly described as follows Commencing at the Northeast corner of said Section 6, being a brass cap in a handhole, from which the East Quarter corner of said Section 6, an aluminum cap, bears South 00 040'51" West, a distance of 2651.79 feet; thence along the East line of said Section 6 So4th 00'4051" West, for a distance of 33.00 feet to the South right of wa.y line of MC 85 and the Point of Beginning; thence continuing along said East lino South 00'4051" West, for a distance of 25.00 feet; thence departing said East line North 89 0471 16" West, for a distance of 33.00 feet; thence North 0004051" East; for a distance of 25.00 feet to said South right of way line of MC 85; thence along said South right of way line South 89 04716" East, for a distance of 33.00 feet to the Point of Beginning. Said parcel containth an area of 825 square feet or 0.0189 acres, more or less. Page 1 of I MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim; RES - 6/5/18 Chk: Ar3pr: Rev: Maricopa County Public Works - Real Estate Division GRANTOR 4fil DATE24;*_, ' —0( EXHIBIT "A" N.T.S. TWP LN .& CONST Q S89°43'47E 2311.89' D23447 Kuipor Family Trust & HK Legacy LLC "W . 400-09-010C '51 -S0040 NEW ROW — L3 --A / N 0 NO. BEARING LENGTH - ci) Li S 0004051" W 33.00' L2 S 00°40 151" W 25,00' L3 N 89°47'16" W 33.00' L4 N 00°40'51" E 25,00' L6 $ 89°47'16" E 33,00' L4 S 89°47'16" E 161.67' L5 S 80°44'34" E 167.26' D23447-Add Fee Simple Right of Way: 825 square feet or 0,0189 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane PROJECT No, T10548 ITEM No, D23447-Add DATE 6-5-18 R/W Tech: Agent: RES KR, Parcel No. 400-09-010 C Project No. TT0548 MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE Item No. 023447-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2013-0418373, Maricopa County Records, lying within the Northeast QUarter of Section Six, Township One South, Range Two West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at the Northeast corner of said Section 6, being a brass cap in a handhole, from which the East Quarter corner of said Section 6, an aluminum cap, bears South 00 04015,1" West, a distance of 2651.79 feet; thence along the East line of said Section 6 South 00 040 151" West, for a distance of 58.00 feet to the Point of Beginning; thence continuing along said East line South 00 04051" West, for a distance 020,00 feet; thence departing said East line North 89 047116" West, for a distance of 33.00 feet; thence North 00 040 151" East, for a distance of 20.00 feet; thence South 89 047 116" East, for a distance of 33.00 feet to the Point of Beginning. Said Parcel contains an area of 660 square feet or 0.0152 acres, more Or less. Page 1 of I MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 6/5/18 Chk: Appr: 66 Rev: Maricopa County Public Works - Real Estate Division GRANTOR PATE 6 /e EXHIBIT "A" N.T.5. TWP LN & CONST D23447 Kuiper Family Trust & HK Legacy LLC 'W 400-09-010C '51 SOO°40 NO. BEARING LENGTH Li S 00040 151" W 58,00' L2 S 00040151" W 20,00' L3 N 89047'18" W 33,00' L4 N 0004051" E 20.00' L5 S 89°47'16" E 33.00' L4 S 89°47'16" E 161.67' L5 S 89°44'34" E 16726' D23447-1-Add Temporary Construction Easement: 660 square feet or 0.0152 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane R/VV. Agent: KR. PROJECT No, 70548 ITEM No. D23447-1-Add DATE 6-5-18 M,C.D,O.T. Tech: RES •