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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Insurance Company Date 4/13/2017 Address 1 4 6 3 5 N. Kierland Blvd., Suite 110 Phone 480-596-5022 City Scottsdale, Arizona 85254 Fax 480-596-5031 Escrow Officer Mark Osborn Email mosbom@nat.com Escrow No. 29400-16-83069 602-743-4908 Grantor: OR and DV Properties, LLC, an Arizona limited liability company Phone: Rod Pappas Address: 9501 West Buckeye Road Email rodgxeriscapes.com City, State Zip Tolleson, Arizona 85353 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: Real Estate Division, 2801 W. Durango Street, Phoenix, Arizona 85009 MARTCOPA 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 D 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 [ l Mortgage Release E 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 I Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges I I • Other Disbursements: I Sub Total Title Report Credit Land* $23,550.00 Possession date: Improvements* Close of escrow: Drainage Easement* $15,262.00 Date of recording: Cost to Cure Special Conditions Right of Way Contract , Yes @ No n Exhibit "B" Total Closing Costs Entry Agreement Yes 0 No 0 Total Purchase Price $38,812.00 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 95th Avenue to 107th Avenue PCN: TT0511 Assessor Parcel No.: 101-14-002A, 00211, 008L Item No D22566 Right of Way Agent: Jennifer Rodriguez Telephone it 602-50-4897 Pane 1 of 3 The GRANTOR, having executed a conveyance of certain real property rights to the GRAN LEE as described in the Exhibits 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 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 IVI,ARICOPA 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 forqil 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 COT_INTY's occupation of the Grantor's property caused by MARICOPA COIJNTY'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: GR and DV Properties, LLC, an Arizona limited liability-rany MA_RICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF _ _ .------- OF TRANSPORTATION SUPERVISORS dil-AY iii AtroTj , Real Property Branch Manager Chairman of he Board ITS: +/ ' 2 1 . 0 ,D1'1....,7 _ 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 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 101-14-002A, 002B, 008L Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: . D22566 (Agent's Initials) 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 Twenty Three Thousand Five Hundred Fifty Dollars and No/100 ($23,550.00) as payment in full for the property described herein Exhibit A. C. To pay the Grantors the sum of Fifteen Thousand Two Hundred Sixty Two'Dollars and No/100 ($15,262.00) as payment in fall for the Drainage Easement on the property described herein Exhibit A. D. That, if in the opinion of the Transportation Director it becomes necessary, private structures will he 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. E. That no costs relating to construction of roadway improvements on Project No. IT0511 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 Twenty Three Thousand Five Hundred Fifty Dollars and No/100 ($23,550.00) as payment in full for the property described herein Exhibit A. 3. To accept the sum of Fifteen Thousand Two Hundred Sixty Two Dollars and No/100 ($15,262.00) as payment in full for the Temporary Construction Easement on the property described herein. 4. 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 "D" above. GRANT ATE14' GRANTOR DATE Parcel No. 101-14-002A, 002B, 008L Project No. TT511 MC-85 at 83 AVENUEand CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. 022566 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2015-0560942, Maricopa County Records, lying within the Northwest quarter of Section 16, Township 1 North, Range 1 East of the Gila and Salt River Base and Meridian, Maiicopa County, Arizona, being more particularly described as follows: COMMENCING at the Northwest corner of Section 16, from which the North quarter corner of said Section 16 bears North 89'55'27" East, a distance of 2633.95 feet; TI-TENCE along the North line of said Section 16 North 89 05527" East, a distance of 2442.93 feet; THENCE departing said North section line South 00 004133" East, a distance of 33.00 feet to the existing South right. of way line of MC 85, also being the Northwest corner of said property and the POINT OF BEGINNING; THENCE departing said South right of way line along the West line of said property South 00 004 133" East, a distance of 19.84 feet; THENCE South 10 051'06" West, a distance of 13.40 feet; THENCE departing said West property line North 89 05527" East, a distance of 191.95 feet to the East line of said property, being also a point on the North-South midsection line of said Section 16; THENCE along said East property line and midsection line North 01 019'12" East, a distance of 33.01 feet to the said South right of way line; THENCE departing said East property line along said South right of way South 89 055 127" West, a distance of 190.21 feet to the POINT OF BEGINNING. The above described parcel contains 6,280 square feet or 0.1442 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: EXPIRES 12 / 31 /2017 Maricopa County - Real Estate Division GRAP4TTOILe7 DATE ,9—J4 --/7- i EXHIBIT "A" EXIST RAN N.T.S. N89 °55'32"E 2633.95' 2633.97' EXIST R/W D22566 GR and DV Properties 022566 101-14-002B GR and DV - Properties 101-14-008L NO. BEARING LENGTH Li S 00°04'33" E 19.84' L2. S 10°51'06" W 13.40' L3 N 89°55'27" E 191.95' L4 I N 01°19'12" E 33.01' L5 S 89°55'27" W 190.21' L6 I S 00°04'33" E 33.00' D22566 Fee Simple Right of Way: EXPIRES 12 /31/2017 6,280 square feet or 0,1442 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No, TT511 ITEM No, D22566 DATE 9-15-16 M,C.D,O,T, R/W Tech: Agent: RES M.P. Parcel No. 101-14-002A Project No. TT511 MC-85 at 83td AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. 1)22566-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land being a portion of that property as described in Document 2015-0560942, Maricopa County Records, lying within the Northwest quarter of Section 16, 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 Northwest corner of Section 16, from which the North quarter corner of said Section 16 bears North 89 055 127" East, a distance of 2633.95 feet; THENCE along the North line of said Section 16 North 89 055'27" East, a distance of 2466.56 feet; THENCE departing said North section line South 00 004133" East, a distance of 66.00 feet to the POINT OF BEGINNING; THENCE South 0000433" East, a distance of 40.80 feet; THENCE North 89 055 127" East, a distance of 105.00 feet; THENCE North 00004133" West, a distance of 40.80 feet; THENCE South 89 055 127" West, a distance of 105.00 feet to the POINT OF BEGINNING. The above described parcel contains 4,284 square feet or 0.0983 Acres more or less. Page 1 of t MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: App r: Rev: EXPIRES 12 / 31 /2017 Maricopa County - Real Estate Division GRANTOR DATE 0.-/-;2,-/7 EXHIBIT "A" EXIST R/W N.T.S. WIC 85 N89 °55'32"E N89°5527"E 2633.95' 2633.97' 2466.557 SEC LN EXIST R/W 1 D22566 GR and DV Properties 101-14-002A NO. BEARING LENGTH Li S 0000433" E 40.80' L2 N 89°55'27" E 105.00' L3 N 00°04'33" W 40.80' L4 S 89°5527" W 105.00 1 L5 S 00004 133" E 66.00' D22566-2 Drainage Easement: EXPIRES 12/31/2017 4,284 square feet or 0,0983 acres MARICOPA COUNTY DEPARTvIENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. TF511 ITEM No. D22566-2 DATE 8-15-16 M,C.D.O,T, R/W Tech: Agent: RES PM.