K. D22586.PDF

•i• Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency, Inc. Date 02/23/2017
Address 4722 North 24th Street, Suite 200 Phone 602-230-6235
City Phoenix, Arizona 85016 Fax 602-926-0452
Escrow Officer Jason Bryant Email jhryant@securitytitle.com
Escrow No. 15160378-015-JBA
Grantor: ESB Real Estate Holdings, LLC, an Arizona limited liabili ty company Phone: 623-931-6500
Address: 10300 W. Buckeye Road Email kenk@legendsfumiture.com
City, State Zip Tolleson, AZ 85353-9214 Fax: 623-939-9486
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: I Real Estate Division, 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 esc -owed, the purchase price plus all (check all that apply):
lawful costs incidental to closing as follows:
1 i
Escrow Fees • Total Acquisition of Grantor's Property: Full release of all
Title Policy FeesI 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 pa
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 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.IJ.A. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated . regardless of the closing date.
10 Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges I
• Other Disbursements:
Sub Total
Title Report Credit
Land* Possession date:
Improvements* Close of escrow:
Drainage Easement* $102,344.00 Date of recording:
Cost to-Cure
Special Conditions Right of Way Contract Yes 0 No 0
Exhibit "B"
Total Closing Costs Entry Agreement Yes • No El
Total Purchase Price $102,344.00 Addendum attached hereto and made a Yes • No IX]
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 95th Avenue to 107th Aventie PCN: TT0511
Assessor Parcel No.: 101-03-006L Item No D22586
Right of Way Agent: J.R. Williams Telephone # (602) 506-4893
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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 IvIARICOPA 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 Division 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 eserow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein are not
applicable.
If this transaction is not handled through a title company, the conveyance will be delivered directly to IVIARICOPA 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 MAR1COPA COUNTY's occupation of the Grantor's property caused by
IVIARICOPA 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: ESB Real Estate Holdings, LLC, RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
an Arizona limited liability company
MARICOPA COUNTY DEPARTM ENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
By:
Its:
.7 i
.1 Real Property Branch Manager Chairman of the Board
: . Aar ffilliffill. _
1J/ • a-11 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
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Parcel No. 101-03-006L
Project Na. TT511
MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
MC 85: 107thAVEN1[JE to 95th AVENUE
Item No. '122586-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A parcel of land being a portion of that property as described-in Document 2004-1156757, Maricopa.
County Records, lying within the Southeast quarter of Section 8, Township 1 North, Range 1 East of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona, -being more particularly
described as follows:
COMMENCING at the South quarter corner of Section 8 from which the Southeast corner of said
Section 8 bears North 89°11'38" East, a distance of 2653.78 feet;
THENCE along the South line of said Section 8 North 89 011 138" East, a distance of 62.58 feet;
THENCE departing said South section line North 00 048 122" West, a distance of 65.00 feet to the
existing North Tight of way line of MC 85, also being the South line of said property and the POINT
OF BEGINNING;
THENCE along said North right of way line North 89°11 138" East, a distance of 280.87 feet to the East
line of said property;
THENCE along said East property line North 44 01138" East, a distance of 25.46 feet;
THENCE North 03 04617" West, a distance of 94.35 feet;
THENCE departing said East property line South 89°11'38" West, a distance of 293.99 feet to the
West line of said property;
THENCE along said West property line South 00 048 122" East, a distance of 112.22 feet to the POINT
OF EGINNING.
The above described parcel contains 33,148 square feet or 0.7610 Acres more or less.
Page 1 of
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES 8/10/16 Chic Appr:
Rev: EXPIRES 12 / 31 /2017
Maricopa County - Real Estate Division

LN
D22586
N.T.S. SEC ESB Real Estate Holdings LLC
101-03-006L
MID
r L4
u=nt em:73
•
POB
Li
EXIST RAN
62.58' MC 85 -SEC LN
N89 0 11 138"E 2653.78'
EXIST R/W
NO. BEARING LENGTH
Li N 890 11 138" E 280.87' .
L2 N 44°11'38" E 25.46'
L3 N 03°4617"W 94.35'
L4 S 89°11'38"W 2943.99'
L5 S 00°48 122" E 112.22'
L6 N 00°48`22W 65.00'
D22586-2 Drainage Easement:
33,148 square feet or 0.7610 acres EXPIRES 12/31 /2017
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No, 11511 ITEM No, D22586-2 DATE 945-16 M.C.D,O,T, R/W Tech: Agent: RES P.M.

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 101-03-006L
Project No.: Trosii
Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion
Project Termini: (95th Ave to 107th Ave)
Item No.: D22586 (JRW)
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 Exhibit "A" for the general welfare and benefit of the public.
B. To pay the Grantors the sum of One Hundred Two Thousand, Three Hundred Forty Four and No/100
Dollars ($102,344.00) as payment in full for the Drainage Easement described herein.
C. 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.
D. That no costs relating to construction of roadway improvements on Project No. TT0511 will be charged to the
Grantor.
THE GRANTORS AGREE:
1. To grant a Drainage Easement for the real property described herein Exhibit "A" to the County of Maricopa for
the general welfare and benefit of the public.
2. To accept the sum of One Hundred Two Thousand, Three Hundred Forty Four and No/100 DOLLARS
($102,344.00) as payment in full for the Drainage Easement described herein.
3. 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 "C" above.
GRANTOR DATE I- 7 GEANTO5 DATE
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