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Marieopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Insurance Company Date 3/1/2017 Address 3200 E. Camelback Road, Suite 210 Phone 480-596-5022 City Phoenix, Arizona 85018 Fax 480-596-5031 Escrow Officer Mark Osborn Email mosborn@nat.corn Escrow No. 29400-16-83075 Grantor: Estrella Park Homeowners Association, an Arizona non-profit corporation Phone: Address: 14100 North 83rd Avenue, Suite 200 Email City, State Zip Peoria, AZ 85381-5641 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: 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 escrowed, 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 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 1 1 Mortgage Release L 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 0 Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges I 1:1 Other Disbursements: Sub Total Title Report Credit Land* $460.00 Possession date: Improvements* $507.00 Close of escrow: Drainage Easement* Date of recording: Cost to Cure $500.00 Special Conditions Right of Way Contract Yes i1 No • Exhibit "B" Total Closing Costs Entry Agreement Yes • No ir Total Purchase Price $1,467,00 Addendum attached hereto and made a Yes • No Ir 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 Avenue PCN: 1T0511 Assessor Parcel No.: 101-15-511 Item No 023389 Right of Way Agent: J.R. Williams Telephone # 602-361-3681 T.lae 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 cheek; 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 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 IvIARICOPA 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 MARICOPA 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 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: Estrella Park Homeowners RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Association, an '' on on-proftt corporation MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS BY: Real Property Branch Manager Chairman of the Board IT's: ta 260 "t.hVitn,ky- 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 Parcel No. 10145-511 Project No. TT511 MC-85 at Sri AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. D23389 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property described as Tract 'A' in Estrella Park, a subdivision recorded in Book 576 of Maps, Page 10, Maricopa County Recorder, lying within the Noithwest quartet; of Section 17, Township 1 North, Range 1 East of the Gila and Salt River Base and Meridian, Marieopa County, Arizona, being more particularly described as follows: COMMENCING at the Northwest corner of Section 17 from which the West quarter corner of said Section 17 bears South 00 011 140" East, a distance of 2670.70 feet; THENCE along the West line of said Section 17 South 00°11'40" East, a distance of 854.39 feet; THENCE departing said West section line North 89 048 120" East, a distance of 55.00 feet to the existing East right of way line of 107 th Avenue and the POINT OF BEGINNING; THENCE departing said East right of way line North 89 013 112" East, a distance of 11.11 feet; THENCE North 03 041 124" East, a distance of 14.60 feet to the North line of said property; THENCE along said North property line South 89 032142" West, a distance of 12.10 feet; THENCE departing said North property line along said East right of way line South 00°11'40" East, a distance of 14.63 feet to the POINT OF BEGINNING. The above described parcel contains 169 square feet or 0.0039 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RE5 8/10/16 Chk: Appr: Rev: EXPIRES 12 / 31 /2017 Maricopa County - Real Estate Division GRANTOR DATE 01/ 7 Extrifirr "A" N.T.S. D23389 Estrella Park Home Owners Association 101-15-511 ESTRELLA PARK MCR 576 - 10 BEARING LENGTH LI N 89°13'12" E L2 I N 03°41'24" E L3 I S 80°32'42" W 12 10' L4 I S 00°11'40" E N 8948'20" E D23389 Fee Simple Easement: 169 square feet or 0,0039 acres EXPIRES 12 / 31 /2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No, T1511 ITEM No. D23389 DATE 9-15-16 M,C,D.O.T. R/W Tech: Agent: RES P.M. EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 101-15-511 Project No.: TT0511 Project Name: MC85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D23389 (TRW) 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 MARICOPA 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 Four Hundred Sixty and No/100 DOLLARS ($460.00) as payment in full for the property described herein. C. To pay the Grantors the sum of Five Hundred Seven and No/100 DOLLARS ($507.00) as payment in full for the improvements located on the property described herein and broken out as follows: 169 s.f. shrubs Underground watering system Granite ground cover Concrete and asphalt paving and concrete cubing Site Improvements Total -.4507.00 D. To pay the Grantors the sum of Five Hundred and No/100 DOLLARS ($500.00) as payment in full for Minor Cost to Cure located on the property described herein and broken out as follows: Reconfigure Irrigation System Cost to Cure Total =$500.00 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. TT0511 will be charged to the Grantor. THE GRANTORS 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 Four Hundred Sixty and No/100 DOLLARS ($460.00) as payment in full for the property described herein. 3. To accept the sum of Five Hundred Seven and No/100 DOLLARS ($507.00) as payment in full for the improvements located on the property described herein and broken out as follows: 169 s.f. shrubs Underground watering system Granite ground cover Concrete and asphalt paving and concrete cubing Site Improvements Total - $507.00 4. To accept the sum of Five Hundred and No/100 DOLLARS ($500.00) as payment in full for the Minor Cost to Cure on the property described herein described herein and broken out as follows: Reconfigure Irrigation System Cost to Cure Total =$500.00 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 *PP Pace 3 of 3