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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date February 8, 2018 Address 3200 E. Carnelback Rd., Suite 200 Phone (480)596-5022 City Phoenix, AZ 85018 Fax (4840)596-5031 Escrow Officer Mark Osborn Email MOsborn@nat.com Escrow No. 29400-17-84511 412,e Darrel L. Kuiper and Diane J. Kuiper, Co-Trustees of the Kuiper Family Trust UTA Grantor: dated 9/14/1998 AND UK Legacy, LLC, an Arizona llimited liahilty company Phone: (602)390-8075 Address: Attn: Darrel Kuiper 4277 N. Sentinel Drive Email darrelkuiper@gmail.com City, State Zip Buckeye, AZ 85396 Fax: Grantee: Mari cam. 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: 1 1 Escrow Fees 0 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 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.U,A, of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. I • Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges 0 Other Disbursements: Sub Total Title Report Credit Land* 20,703.00 Possession date: Loss of Crops & Rent 12,250.00 Close of escrow: Temporary Construction Easement 1,825.00 Date of recording: Weed Control Reimbursement 1,925.00 Special Conditions Rig it of Way Contract Yes .. No • Exhibit "B" Total Closing Costs Entry Agreement Yes 0 No 0 Total Purchase Price 36,703.00 Addendum attached hereto and made a Yes • No El TOTAL WARRANT** 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: Kimberly Romero 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 MAIUCOPA 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 fonds to the party or parties entitled thereto. It is farther 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 rvIARICOPA COUNTY BOARD OP 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 or its agents, employees, or contractors dud ng 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 proceedi1g, 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 , / MARICOPA COUNTY DEPARTMENT IVIARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Darrel L. uipe -, asZttee A 111MMIIIMRWWIWii.-. ' 111 'er • fA.,...., wily "Ow'? "-.11,819 ,, al Property ager Chairman of the Board Diane J. Kuiper, -as Co-This ee ATTEST: • Date SlUe.41/1.47r. pl.- By: 4/7r-1e/ / / Approved as to form within the powers and authority of the Board of Its: A44,-c. j,...- Clerk of the Board of Supervisors Supervisors Accepted / Date ESCROW OFFICER Deputy County Attorney Date Date RES/KOR Revised 2/3/2017 Page 2 of 3 Parcel No. 400-09-010 C Project No. TT0548 MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE Item No. 023447 EXHIBIT "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 One South, Range Two West of the Gila and Salt River Meridian, and being more particularly described as follows: COMMENCING at the Northeast Quarter corner of said Section 6, being a brass cap in a handhole, from which the East corner of said Section 6, an aluminum cap, bears South 00°40'51" West, a distance of 2651.79 feet; thence along the East line of said Section 6 South 00 040 151" West, a distance of 58.27 feet; thence departing said East section line North 89 019'09" West, a distance of 33.00 feet to the East line of said property, also being the West right of way line of 203r d Avenue and the POINT OF BEGINNING; thence along said East property line North 00 040 151" East, a distance of 25.00 feet to the Northeast corner of said property, also being the South right of way line of MC 85; thence along the North line of said property North 89 047 1 16" West, a distance of 128.43 feet; thence North 89044134" West, a distance of 167.26 feet; thence North 89 043 147" West, a distance of 967.24 feet; thence departing said North property line South 74 01220" East, a distance of 93.41 feet; thence South 89 043 147" East, a distance of 877.23 feet; thence South 89°44'34" East, a distance of 167.28 feet; thence South 89 047 116" East, a distance of 128.23 feet to the East line of said property and the POINT OF BEGINNING. The above described parcel contains 30,446 square feet or 0.6989 Acres more or less. Page 1 of 1 MAR[COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 9/1/17 Chk: Appr: LV 0-2-o-201? Rev: Maricopa County Public Works - Real Estate Division GRANTOR 1,,e DATE ,4720r EXHIBIT "A" SOO°40'51"W / 2651.79' 203rd Ave—Y D23447 KUIPER FAMILY TRUST & HK LEGACY LLC 400-09-010C NO. BEARING LENGTH LI N 89°19'09" W 33.00' L2 N 00 040 151" E 25.00' W L3 N 89°47'16" W 128.43' 89°43'47" L4 N 89°44'34" W 167.26' L5 S 74°12'20" E 93.41' N LB S 89°43'47" E 877.23' L7 S 89044 134" E 167.28' L8 S 89°4716" E 128.23' L9 S 00°40'51" W 58.27' L10 S 89°47'16" E 161.67' Lil S 89044'34" E 167.26' D23447 Fee Simple Right of Way: 30,446 square feet or 0.6989 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane R/W Agent: K.R. PROJECT No. 70548 ITEM No. D23447 DATE 9-7-17 M.C.D.O.T. Tech: RES Parcel No. 400-09-010 C Project No. TT0548 MC 85- LIBERTY SCHOOL ROAD TO COTTON LANE Item No. 1)23447-1 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 Quarter corner of said Section 6, being a brass cap in a handhole, from which the East corner of said Section 6, an aluminum cap, bears South 00°40'51" West, a distance of 2651.79 feet; thence along the East line of said Section 6 South 00°40'51" West, a distance of 78.27 feet; thence departing said East section line North 89°1909" West, a distance of 33.00 feet to the East line of said property, also being the West right of way line of 203r d Avenue and the POINT OF BEGINNING; thence along said East property line North 00°40'51" East, a distance of 20.00 feet; thence departing said East property line North 89°4716" West, a distance of 128.23 feet; thence North 89°44'34" West, a distance of 167.28 feet; thence North 89 043'47" West, a distance of 877.23 feet, thence North 74°1270" West, a distance of 93.41 feet to the North line of said property; thence along said North property line North 89°4347" West, a distance of 9.84 feet to the Northwest corner of said property; thence along the West line of said property South 01°08'44" West, a distance of 45.01 feet; thence departing said West property line South 89°43'47" East, a distance of 977.76 feet; thence South 89°44'34" East, a distance of 167.29 feet; thence South 89 04716" East, a distance of 128.08 feet to the POINT OF BEGINNING. The above described parcel contains 26,836 square feet or 0.6161 Acres more or less. Page 1 oft MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 9/1/17 Chk: Appr: L. V 02_20;20r81 Rev: Maricopa County Public Works - Real Estate Division GRANTOR 4,t/ DATE "54.09 EXHIBIT "A" NO, BEARING LENGTH L1 N 89°19'09'W 33.00' L2 N 00°40'51" E 20.00' L3 N 89°47'16"W 128.23' D23447 L4 N 89°44'34"W 167.28' ▪ KUIPER FAMILY L5 N 89°43'47" W 877.23' CO TRUST & L6 N 74°12'20'W 93.41' • co HK LEGACY LLC L7 N 89°43'47" W 9.84' w 400-09-010C L8 S 01°08'44" W 45.01' L9 S 89°44'34" E 167.29' L10 S 89°47'16" E 128.08' L11 S 00°4051" W 78.27' L12 S 89°47'16" E 161.67' L13 S 89°44'34" E 167.26' D23447-1 Temporary Construction Easement: 26,836 square feet or 0,6161 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane R/W Agent: K.R. PROJECT No. TT0548 ITEM No. D23447-1 DATE 9-7-17 M,C.D,O.T. Tech: RES 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 (KGR) 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. MARICOPA 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 Twenty Thousand Seven Hundred Three and No/100 Dollars ($20,703.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of One Thousand Eight Hundred Twenty Five and No/100 Dollars ($1,825.00) as payment in full for the Temporary Construction Easement on the property described herein. D. To pay the Grantors the sum of Fourteen Thousand One Hundred Seventy Five and No/100 Dollars ($14,175.00) as payment in full for the following and broken out as follows: Loss of Crops Loss of Rent =$7,000.00 Weed Control Reimbursement =51 925.00 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. 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 Twenty Thousand Seven Hundred Three and No/100 Dollars ($20,703.00) as payment in full for the property described herein. 3. To accept the sum of One Thousand Eight Hundred Twenty Five and No/100 Dollars ($1,825.00) as payment in full for the Temporary Construction Easement on the property described herein. 4. To pay the Grantors the sum of Fourteen Thousand One Hundred Seventy Five and No/100 Dollars ($14,175.00) as payment in full for the following and broken out as follows: Loss of Crops =$5,250.00 Loss of Rent =$7,000.00 Weed Control Reimbursement =$1,925.00 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. GRANTOR DATE GRANTOR 24ATE Page 3 of 3