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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date Address 14635 N. Kierland, Suite 110 Phone 602-294-2505 City Scottsdale, AZ 85254 Fax 480-596-5031 Escrow Officer Mark Osborn Email lvlOsborn(th,nat.com Escrow No. 29400-16-83043 Grantor: Buckeye Road and 99th Avenue Holdings LLC, do Mr. Richard Held Phone: 818-406-9226 Address: 9171 Wilshire Blvd., Suite 650 Email rod264@aol.eom City, State Zip Beverly Hills, CA 90210 Fax: 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 escrowed, the purchase price plus all (check all that apply): lawful costs incidental to closin. as follows: wril IiimmomIsiiiiiImemIE Escrow Fees IIIIIIIIIIIIIIm IIIIMINIM II • Total Ace uisition of Grantor's Prone : Full release of all Title Polic Fees 11111M11.1 , . Atuamx t t ju 115.thulasmul 1 . ill1111 t IIMIMII. • Pay in full all due and delinsuent real pro tert taxes and 11.1111.110.1=1.11=1=111.111111.1M11 • leneral and s 'eclat imtrovement assessments. Prorate the Total Escrow & Title Fees ..111111.= current ear's real sr° t ei taxes on closirus that occur on or 111 1111.M11111M1111111111 • After the 3rd Monda of Au„ust each year. Escrow Agent Recording Fees: 1.1.1M11111=1111M .11 1 I each t .1 gitaitaMill Deed 111.1=1.111.11.11=111.11 • the lien of the current ear's taxes in full. IMEEMZMIMMIMIMIMMIIIIIIIM Mortgage Release MillEMIll 4 Partial Ace uisition 111.111=11111111 of Grantor's Prose : Partial release of all Release of Lease IIMIIMIMIMMIMIIIMMII e - . e 1 , 1 - a 1=111111=11111111MEMI• At the discretion of Maricova Coon , s a due and delintuent Total Recordinl Fees MIIIME1111. •roterty taxes and general and special im rovement 111111111=1 • assessments, including full ta ment of taxes and Other Char:es: EIMIIIMI assessments on individual assessor sarcels within the Release Fees 1110111.11.1111.11M.11.11 Maricosa Coun 's eartial actuisition, and an Certificate s S.R.V.W.U.A. IIIIIMIIIIII=Il of Purchase. The current ear's taxes shall not be trorated Taxes - Prorated 11.11.11.111.1.1111.111.. regardless of the closin: date. 11110111111111= IIIIIMMINIMMIIIIMI MIIIIMIMIMIIIMII F. Easement(s): Consent to easement(s b secured tar (ies . Total Other Charles .111.1MIIMI MIIIMIIIIIIEIIIMIIIIMMIIIMIIIMIIMMIIIIM MM.= • • Other Disbursements: Sub Total IMIIIMIll 111111=11...1111M111.1 11.111=11.11=111111111Mill= Title Resort Credit U 111.1MIIMINIMINIII=M11.111MINIM Land & Imtrovements* 111111=1111..111=1111 • Possession date: IIIMMINIMMIMMIIIMII Severance Dama:es $48,892 • Close of escrow: =MM. 1181=11111MIMMIIIMINE • Date of recordin : .111=1111M Cost to Cure IIMINIM 11=11.111111 111..1.11...11 Draina.e easements $196,332 .111M11.1 • Seecial Conditions Ri:ht of Wa Contract Yes 0 No • IIIIMIIIM • Exhibit "B" IMEIM Total Closing Costs IIMMIIMIIMINIM • KEZREEMNIMIIIIMIN Yes 0 No El" Total Purchase Price $245,224 111 Addendum attached hereto and made a Yes D No .. TOTAL WARRANT** INIMIIM. •art hereof NMI *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.: 101-05-013A, 013C Item No D22589-2 Right of Way Agent: Patrick Mertz Telephone # 602-506-4639 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit 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 the acceptance of delivery and possession by its 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 arc 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 or record at the closing of escrow. The Right of Way Agent or MARICOPA COUNTY - Public Works 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 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 expressed herein is likewise; 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 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 : uckeye oad and 991" Avenue RECOMMENDED FOR APPROVAL: Ill ACCEPTED AND APPROVED: Ho 'ngs MIMI III MARICOPA COUNTY DEPARTMENT 111 MARICOPA COUNTY BOARD OF OF TRANSPORTATION 111 SUPERVISORS 1111.nMi d 111.11111MIIMIN IllagallIMIMIMMIM 1111.1.11.11.11.M.1.1.011 rarli&WINOMFJOIMINMI r - --- 1 Mil ill INIMINIMINIMMIIMMEMOININI Real Pro ic Branch Manager El Chairman of the Board IUOMIMIIIBMIIIOIMEIMIIIMIMIMMIIIMIIIMIIIMIIIII IMIE17/EMMIIIII=1111.111111 AT'FEST: • Date Ill IIIMIMIMIIIMIIIMIMMIMMIIIIIIMIMIIMMMIMMMMM EIIIIIEIIINIIIMIIIMIIMMIENI A. @roved as to form within the 1.1.1.11.1.M.MIII=MIMII IIMIIIIIIIIIIIIIIIII I powers i and authority of the Board of II Clerk of the Board of Supervisors Accepted Date EIMIIIMEIMENIMINIE ESCROW OFFICER MIIIIMIEEMMEMIMIMIMI1 ...11...IMMINIMINEMIE MIIIMMINIMIIMMEIMEll De .0 Coun Attome Date • Date RES/KOR Revised 2/3/2017 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 101-05-013A, 013C Project No, TT0511 Project Name: MC85 at 83 1d Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22589-2 (pm) 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 in Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantors the sum of One Hundred Ninety Six Thousand Three Hundred Thirty Two and No/100 DOLLARS ($196,332.00) as payment in full for the Drainage Easements on the properties described herein. C. To pay the Grantors the sum of Forty Eight Thousand Eight Hundred Ninety Two and NO/100 DOLLARS ($48,892.00) as payment in full for severance damages. D. 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. E. That no costs relating to construction of roadway improvements on Project No. TT0511 will be charged to the Grantor. THE GRANTORS AGREE: I. To grant a Warranty Deed and a Drainage Easement for the real property described in Exhibits "A" to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of One Hundred Ninety Six Thousand Three Hundred Thirty Two and No/100 DOLLARS ($196,332.00) as payment in full for the Drainage Easements on the properties described herein. 3. To accept the sum of Forty Eight Thousand Eight Hundred Ninety Two and NO/100 DOLLARS ($48,892.00) as payment in full for severance damages. 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" and "E" above. GRANTOR l:>Ak DATE GRANTOR DATE Parcel No. 101-05-013A, 013C Project No. TT511 MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. 022589-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENTS Two parcels of land being a portion of that property as described in Document 2006-0433227, Maricopa County Records, being Lot 2 of Tolleson Investment Property Amended as described in Book 750 of Maps, Page 30, lying within the Southwest quarter of Section 9, Township 1 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: PARCEL ONE: COMMENCING at the Southwest corner of Section 9 frorn which the West quarter corner of said Section 9 bears North 00 00646" West, a distance of 2641.55 feet; THENCE along the West line of said Section 9 North 00 00646" West, a distance of 327.44 feet; THENCE departing said West section line South 89°48'53" East, a distance of 70.00 feet to the existing East right of way line of 99 th Avenue and the POINT OF BEGINNING; THENCE departing said East right of way line South 89 048 153" East, a distance of 85.91 feet; THENCE departing said South property line North 00 006146" West, a distance of 272.28 feet; THENCE South 89053 114" West, a distance of 85.90 feet to said East right of way line, also being the West line of said property; THENCE along said East right of way line South 00 006 146" East, a distance of 271.83 feet to the POINT OF BEGINNING. The above described parcel contains 23,370 square feet or 0.5365 Acres more or less. PARCEL TWO: COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said Section 9 bears North 89°55'27" East, a distance of 2633.95 feet; THENCE along the South line of said Section 9 North 89°55 127" East, a distance of 303.56 feet; THENCE departing said South section line North 00°1104" East, a distance of 65.00 feet to the existing North right of way line of MC 85, also being the South line of said property and the POINT OF BEGINNING; DATE Page 1 o12 EXHIBIT "A" D22589 -2 (cont'd) THENCE along said North right of way line North 89 055 127" East, a distance of 167.84 feet to the East line of said property; THENCE along said East property line North 00°04'33" West, a distance of 115.87 feet; THENCE departing said East property line South 89 055 127" West, a distance of 167.32; THENCE South 00°10'51" West, a distance of 115.87 feet to the POINT OF BEGINNING. The above described parcel contains 19,418 square feet or 0.4458 Acres more or less. Parcels 1 and 2 combined contain 42,788 square feet or 0.9823 Acres more or less. Page 2 of 2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: EXPIRES 12 / 31 /2017 Maricopa County - Real Estate Division GRANTOR CA.c.L1 DATE EXHIBIT "A" N.T.S. D22589 Buckeye Road & 99th Avenue Holdings LLC 101-05-013A i- cr) TOLLESON INVESTMENT PROPERTIES AMENDED MCR 750 - 30 D22589 °0646"W Buckeye Road & 99th Avenue L9 I L1 Holdings LC NOO 101-05-013C N89 °55'27"E 2633.95' NO. BEARING LENGTH LI S 89°48'53" E 85.91' L2 N 00006 146" W 272.28' L3 S 89'53'14" W 85.90' L4 S 00006 146" E 271.83' L5 N 89°55'27" E 167.84' L6 N 00°04'33" W 115.87' L7 S 89°55'27" W 167.32' L8 S 00°10'51" W 115.87' L9 S 89048 153" E 70.00' L10 N 00°11'04" E 65.00' D22589-2 Drainage Easements: Parcel 1: 23,370 square feet or 0.5365 acres Parcel 2: 19,418 square feet or 0.4458 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, 022589-2 DATE 9-15-16 M,C.D.O.T, R/W Tech: Agent: RES M.P.