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Marieopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date December 29, 2017 Address 3200 E. Catnelback 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. 29400-17-84519 Grantor: Boyd Properties, LLC, an Arizona limited liability company Phone: (602)323-7297 Address: P.O. Box 1176 Email jboyd21@cox.net City, State Zip Buckeye, AZ 85326 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 fi .om 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 .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 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 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 I • Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges I • Other Disbursements: 1 Sub Total Title Report Credit Land* 9,840.00 Possession date: Improvements* 1,760.00 Close of escrow: Temporary Constrcution Easement 126.00 Date of recording: Removal/Relocation Cost 1,350.00 Special Conditions Right of Way Contract Yes [E] No El Exhibit "B" Total Closing Costs Entry Agreement Yes 0 No I Total Purchase Price 13,076.00 Addendum attached hereto and made a Yes 0 No i4 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: 110548 Assessor Parcel No.: 502-57-010H Item No D23455 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 hereg 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 fitncls 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, 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 he 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 fill 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 IvIARICOPA COUNTY. If Removal/Relocation 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 Of wholly upon the lands conveyed shall become the property of M.ARICOPA 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. 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 IVIARICOPA 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: Boyd Properties, LLC, an Arizona limited liability company MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF , OF TRANSPORTATION SUPERVISORS By le.s - Its: er - ( 4.- .Real Property Branch Manager') Chairman of the Board ATTEST: Date 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.: 502-57-010H Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23455 (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. MA RICOPA 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 Nine Thousand Eight Hundred Forty and No/100 Dollars ($9,840.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of One Thousand Seven Hundred Sixty and No/100 Dollars ($1,760.00) as payment in full for the improvements located on the property described herein and broken out as follows: - Asphalt Paving 800 sq. ft. !,$2.75/sq. ft. - less 20% depreciation =$1,760.00 D. To pay the Grantors the sum of One Thousand Three Hundred Fifty and No/100 Dollars ($1,350.00) as payment in full for removal and relocation of 150 I.f. of Wire/ranch fencing @ $10.00/11. @ 90% located on the property described herein. E. To pay the Grantors the sum of One Hundred Twenty Six and No/100 Dollars ($126.00) as payment in full for the Temporary Construction Easement on the property described 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. 1f0511 will be charged to the Grantor. THE GRANTORN 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 Nine Thousand Eight Hundred Forty and No/100 Dollars ($9,840.00) as payment in frill for the property described herein. 3. To accept the sum of One Thousand Seven Hundred Sixty and No/100 Dollars ($1,760.00) as payment in full for the improvements located on the property described herein and broken out as follows: Asphalt Paving 800 sq. ft. @$2.75 /sq. ft. - less 20% depreciation =81,760.00 4. To accept the sum of One Thousand Three Hundred Fifty and No/100 Dollars ($1,350.00) as payment in full for removal and relocation of 150 l.f. of Wire/ranch fencing @ $10.00/1.f. @ 90% located on the property described herein. 5. To accept the sum of One Hundred Twenty Six and No/100 Dollars ($126.00) as payment in full for the Temporary .Construction Easement on the property described 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 "F" above. GRANTOR DATE 1 7 1Ai IY. GRANTOR DATE Page 3 of 3 Parcel No. 502-57-010 H Project No, TT0548 MC 85- LIBERTY SCHOOL ROAD TO COTTON LANE Item No. 1 ,23455 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2012-0705960, Maricopa County Records, lying within the Southwest 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 North Quarter corner of Section Four, Township One South, Range Two West, being an aluminum cap, from which the South quarter corner of said Section 34, an aluminum cap, bears North 89°33'59" West, a distance of 2329.57 feet; thence along the South line of said Section 34 North 89°40'49" West, a distance of 85.03 feet; thence departing said South section line North 00°19'11" East, a distance of 189.93 feet to t4 beginning of a non-tangent curve, said point also being the Southwest corner of said property, and the North right of way line of MC 85 and the POINT OF BEGINNING; thence along the South line of said property northeasterly along the arc of said curve, the center of which bears North 25°12'11" West, a distance of 1382.50 feet, through a central angle of 20°5841", for an arc distance of 506.19 feet to the beginning of a non-tangent line, also being the Southeast corner of said property;• thence along the property line South 70°11'21" West, a distance of 22.88 feet to the beginning of a non-tangent curve, the center of which bears North 45°19'35" West, a distance of 1372.50 feet; thence departing said property line southwesterly along the arc of said curve, through. a central angle of 19°55'21", for an arc distance of 477.24 feet to the beginning of a non-tangent line, also being the West line of said property; thence along said West property line South 00°20'12" West, a distance of 11.09 feet to the POINT OF BEGINNING. The above described parcel contains 4,920 square feet or 0.1130 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prefinn: RES - 9/1/17 - Mt: APPr: LV Rev: Ma ricopa County Public Works - Real Estate Division GRANTOR CVezr DATE 7 Ti EXHIBIT "A" NO. RADIUS DELTA LENGTH TANGENT Cl 1382.50 20058 141" 506.19' 255.96' C2 1372.50' 1905521" 477.24' 241.05' N.T.S. D23455 Boyd Properties LLC 502-57-010H EXIST RNV 85.03' 159.86' ------''.---- 154.96'--- 889033'59"E S89°01'13'"E N89°40'49"W NO. BEARING LENGTH Li N 00°19'11" E 189.93' L2 S 70°11'21" W 22.88' L3 S 00°20'12" W 11.09' NO. BEARING LENGTH RB1 N 25°12'11" W 1382.50' RB2 N 45°19'35"W 1372.50' D23455 Fee Simple Right of Way: 4,920 square feet or 0.1130 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane R/W Agent: K.R. PROJECT No. 70548 ITEM No. D23455 DATE 9-747 M.C.D.O.T, Tech: RES Parcel No. 502-57-010 11 Project No. TT0548 MC 85- LIBERTY SCHOOL ROAD COTTON LANE Item No. 123455-1 EkHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel 'Aland being a portion of that property as described in Document 2012-0705960, Maricopa County Records, lying within the Southwest 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 North Quarter corner of Section Four, Township One South, Range Two _ West, being an aluminum cap, from which the South quarter corner of said Section 34, an aluminum cap, bears South 89°33'59" East, a distance of 2329.57 feet; thence along South line of said Section 34 South 89°33'59" East, a distance of 13.02 feet; thence departing said South section line North 00 026'01" East, a distance of 241.99 feet to the South line of said property, also being the North right of way line of MC 85; thence departing said South propertY line North 29 049121" West, a distance of 10.00 feet to the beginning of a non-tangent curve, said point also being the POINT OF BEGINNING; thence northeasterly along the arc of said curve, the center of which bears North 29 04925" West, a distance of 1372.50 feet, through a central angle of 02 034 157 11, for an arc distance of 61.86 feet to the beginning of a non-tangent line; thence North 31 055 137" West, a distance of 10.00 feet; thence South 58 052 155" West, a distance of 61.43 feet; thence South 29 02757" East, a distance of 10.00 feet to the POINT OF BEGINNING. The above described parcel contains 631 square feet or 0.0145 Acres more or less. Page 1. of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 9/1/17 Chk: APPr: v 70-.2017 Rev: Maricopa County Public Works - Real Estate Division EXHIBIT "A" NO. RADIUS DELTA LENGTH TANGENT Cl 1372.50' 02°34'57" 61.86' 30.94' NO. BEARING LENGTH RB1 N 2949'25" W 1372.50' N. T. S. 4;p<ip D23455 LI Boyd Properties LLC 502-57-010H TCE L4 01: TWP LN 159.86' S89°33'59"E 2329.57' S89°01 '13"E S89 1140'49"E Na BEARING LENGTH Ll S 89°33'59" E 13.02' L2 N 00 02601" E 241.99' L3 N 29°49'21" W 10.00' L4 N 31°55'37" W 10.00' L5 S 58°52'55" W 61.43' L6 S 29°27'57" E 10.00' D23455-1 Temporary Construction Easement: 631 square feet or 0.0145 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane R/W Agent: K.R. PROJECT No. TT0548 ITEM No. 023455-1 DATE 9-7-17 M.C.D.O.T. Tech: RES