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Marieopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date February 2, 2018 Address 3200 E. Camelback Rd., Suite 200 Rhone (480)596-5022 City Phoenix, AZ 85018 Fax (480)596-5031 Escrow Officer Mark Osborn Email MOsbom@nat.com Escrow No. 29400-17-84522 Grantor: Dennis H. Koster and Tamara S. Koster, husband and wife as jtwrs Phone: (623)386-3451 Address: 18001 W. Southern Avenue Email tkoster@aolcom City, State Zip Buckeye, AZ 85338 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: I 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 Escrow Fees • 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 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.L.A. 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 casement(s) by secured party(ies). Total Other Charges I I El Other Disbursements: I Sub Total Title Report Credit Land* 2,471.00 Possession date: Improvements* 3,290.00 Close of escrow: Temporary Construction Easement 239.00 Date of recording: Cost to Cure 100.00 Special Conditions Right of Way Contract Yes Ej No • Exhibit "B" Total Closing Costs Entry Agreement ycs • No 0 Total Purchase Price 6,100.00 Addendum attached hereto and made a Yes • No lEi 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: Tr0548 Assessor Parcel No.: 502-57-006A Item No 1)23458 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 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. 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, IVIaricopa 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. If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such improvements not later than .30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of MAR1COPA COUNTY and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be liable for the reasonable costs incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor's remaining lands where necessary to accomplish the purpose of this agreement. IVIARICOPA 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: Dennis H. Koster and Tamara S. Koster, husband and wife as JTWRS - MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF , /1_AlitA..1 1 OF TRANSPORTATION SUPERVISORS 'Dennis H. Koster Z.-7 - .-e-1 — ,e- -- " k-, Real Property Manager - Chairman of the Board , 2/ P, ATTEST: Tamara S. Koster Date 0 - Approved as to form within the 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.: 502-57-006A Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23458 (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 Two Thousand Four Hundred Seventy One and No/100 Dollars ($2,471.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Three Thousand Two Hundred Ninety and No/100 Dollars ($3,290.00) as payment in full for the improvements located on the property described herein and broken out as follows: Trees & Shrubs within the new right of Way 43,000.00 Wire/ranch fencing 15 1.f x $10. /11 — 20% Depreciation —$120.00 Gravel/driveway 170 sq. ft. @ $1. /sq. ft. $170.00 Site Improvements Total —$3,290.00 D. To pay the Grantors the sum Two Hundred Thirty Nine and No/100 Dollars ($239.00) as payment in full for the Temporary Construction Easement on the property described herein. E. To pay the Grantors the sum One Hundred and No/100 Dollars ($100.00) as payment in full for the Cost to Cure Agreement to remove and relocate two bee hive boxes from the property descrived herein. F. 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. G. That no costs relating to construction of roadway improvements on Project No. TT0511 will be charged to the Grantor. THE GRANTOR(S) 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 Two Thousand Four Hundred Seventy One and No/100 Dollars ($2,471.00) as payment in full for the property described herein. 3. To accept the sum of Three Thousand Two Hundred Ninety and No/100 Dollars ($3,290.00) as payment in full for the improvements located on the property described herein and broken out as follows: Trees & Shrubs within the new right of Way —$3,000.00 Wire/ranch fencing 15 1.f. x $10. —20% Depreciation 4120.00 Gravel/driveway 170 sq. ft. @ $1. /sq. ft. —$170.00 Site Improvements Total —$3,290.00 4. To accept the stun Two Hundred Thirty Nine and No/100 Dollars ($239.00) as payment in full for the Temporary Construction Easement on the property described herein 5. To pay the Grantors the sum One Hundred and No/100 Dollars ($100.00) as payment in full for the Cost to Cure Agreement to remove and relocate two bee hive boxes from the property descrived herein. 6. 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. 4.k IS GRNTORJ DATE GRAND:a:101 DATE Page 3 of 3 Parcel No. 502-57-006 A Project No. TT0548 MC 85 - L ti.ERTY SCHOOL ROAD TO Ci TTON LANE Item No. D23458 EXI-111BIT "A" LEGAL DESCRIPTION M0 0 FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 1990-0276517, Maricopa County Records, lying within the Northeast Quarter of Section Thirty Four, Township One North, 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 34, being an aluminum cap 1.7 feet down, from Which the North Quarter corner of said Section 34, a brass cap 1.2 feet down, bears North 89°40'37"West, a distance of 2645.08 feet; - thence along the North line of said Section 34 North 8940'37" West, a distance of 787.33 feet to the North right of way line of MC 85 also being the Southeasterly line of said property; thence departing said North section line along said North right of way line South 38 051'30" West, a distance of 95.05 feet to the POINT OF EGINNING; thence departing said North right of way line North 89 04300" West, a distance of 6.40 feet; thence South 38 05P30" West, a distance of 535.88 feet to the West line of said property; thence along said West property line South 00°1920" West, a distance of 8.03 feet to the South line of said property also being said North right of way line; thence along said South property line North 38 051 130" East, a distance of 546.14 feet to the POINT OF BEGINNING. The above described parcel contains 2,705 square feet or 0.0621 Acres more or less. Page 1 of 1 MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 9/1/17 Chk: Rev: Maricopa County Public Works - Real Estate Di 'rIision GRANTOR 'I/ DATE EXHIBIT "A" N.T.S. L2 .</ POB N89°40`37"W \ 2645.08' SEC LN 787.33' D23458 Dennis H. & Tamara S. Koster 502-57-006A <0`'D 35 NEW ROW -\ /e / L3 BEARING ' LENGTH Li S 38°51'30"W 95.05' L2 N 89°43'00" W 6.40' L3 S 00°19'20" W 8.03' D23458 Fee Simple Right of Way: 2,705 square feet or 0.0621 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane PROJECT No, 70548 ITEM No. D23458 DATE 101547 M.C.D,O.T. R/W Tech: Agent: RES KR. Parcel No. 502-57-006 A Project No. TT0548 MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE Item No. D23458-I EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 1990-0276517 9 Maricopa County Records, lying within the Northeast Quarter of Section Thirty Four, To\Apaship One North, 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 34, being an aluminum cap 1.7 feet down, from which the North Quarter corner of said Section 34, a brass cap 1.2 feet down, bears North 89°40'37"West, for a distance of 2645.08 feet; thence along the North line of said Section 34 North 89°40'37" West, for a distance of 787.33 feet to the North right of way line of MC 85 also being the Southeasterly line of said property; thence departing said North section line along said North right of way line South 38 05130" West, for a distance of 95.05 feet; thence departing said North right of way line North 89°43'00" West, for a distance of 6.40. feet to the POINT OF BEGINNING; thence North 89 04300" West, for a distance of 6.40 feet; thence South 38°51 130" West, for a distance of 525.61 feet to the West line of said property; thence along said West property line SOuth 00 0 1920" West, for a distance of 8.03 feet; thence departing said West property line North 38 051 130" East, for a distance of 535.88 feet to the POINT OF BEGINNING. The above described parcel contains 2,654 square feet or 0.0609 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 9/1/17 Chk: APPr: Lif 0 ,21-,26(q Rev: RES-12/20/17 Maricopa County Public Works - Real Estate pivision GRANTORJJ i7AL DATE E EXHIBIT "A" 7 L3 12 -- N89°40`37W 2645.08' ! /7877.33' D23458-I Dennis H. & Tamara S. Koster 502-57-006A TCE A NO. BEARiNG LENGTH Ll S 38°51'30" W 95.05' L2 N 89°43'00" W 6.40' L3 N 89°43'00" W 6A0' L4 S 38°51'30" W 525.61' L5 S 00°19'20" W 8.03' L6 N 38°51'30" E 535.88' D23458-1 Temporary Construction Easement: 2,654 square feet or 0.0609 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane - R/W Agent: K.R. PROJECT No. 70548 ITEM No, D23458-1 DATE 12-20-17 M.C.D.O.T. Tech : RES