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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date 04/18/2017 Address 4722 North 246 Street, Suite 200 Phone 602-230-6235 City Phoenix, Arizona 85016 Fax 602-926-0452 Escrow Officer Bianca Gonzales Email Bianca,gonzales@ Escrow No. 15160379-015-JBA Securitytitle.com Grantor: Orchards Development Enterprises, L.E.C, an Arizona limited liability company Phone: 602-522-7059 Ashlee.lewis@londen- Address: 4343 East Camelback Road, No. 400 Email insuranec.com City, State Zip Phoenix, Arizona 85018 Fax: 602-840-9765 Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: Real Estate Division, 280!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 clos'ng as follows: I i Escrow Fees El 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 r Mortgage Release 0 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 Marieopa 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 'faxes - Prorated regardless of the closing date. ill Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges • Other Disbursements: Sub Total Title Report Credit Land* $19,977.00 Possession date: Improvements* Close of escrow: Drainage Easement* Date of recording: Cost to Cure Special Conditions Right of Way Contract Yes E No 0 Exhibit "B" Total Closing Costs Entry Agreement Yes CI No BI Total Purchase Price $19,977.00 Addendum attached hereto and made a Yes 0 No E 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: T1-051I Assessor Parcel No.: 101-03-006M Item No D22587 Right of Way Agent: Jennifer Rodriguez Telephone # 602-506-4897 Page 1 of 3 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE 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 IVIAIUCOPA 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, IVIaricopa 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 handfed 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 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 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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Orchards Development Enterprises, L.L.0 an Arizona limited liability company MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS BY: Londen Land Company, L.L.C, an Arizona limited liabili coin • any, s / Managing Member 1 .111 /ff PA A .r_MEt LWATNAPAIIN 1 , 'cal Property Bran h t anager Chairman of the Board 14 , By: 1 i'4' " 1I1 ATTEST: ITS: 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.: 101-03-006M Proj ect No. : TT0511 Project Name: 1V1C85 at 83 rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22587 (JR) 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 Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantors the sum of Nineteen Thousand Nine Hundred Seventy Seven Dollars and 00/100 ($19,977.00) as payment in full for the property described herein Exhibit "A" C. 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 Nineteen Thousand Nine Hundred Seventy Seven Dollars and 00/100 ($19,977.00) as payment in full for the property described herein Exhibit "A" +VI r GRANTOR GRANTOR DATE Page 3 of 3 Parcel No. 101-03-006M Project No. TT511 MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. D22587 EXHIBIT "A" LEGAL DESCRIPTION The parcel of land described in Document 2003-1649283, 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 Southeast corner of Section 8 from which the East quarter corner of said Section 8 bears North 00'06'46" West, a distance of 2641.55 feet; THENCE along the East line of said Section 8 North 00 00646" West a distance of 53.01 feet; thence leaving said East line, South 89°11'38" West a distance of 53.00 feet to the POINT OF BEGINNING, thence continuing, South 89°1138" West a distance of 80.85 feet; thence North 00°0142" West, a distance of 138.87 feet; thence North 44°59'47" East, a distance of 113.82 feet to the West line of the East 53 feet of said Southeast quarter; thence South 00°06'46" East, a distance of 218.22 feet to the POINT OF BEGINNING. The above described parcel contains 14,412 square feet or 0.3308 acres, more or less. Page 1 of I MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 04/11/17 jb Chk: Appr: Rev: Ma rico pa County EXPIRES 12 / 31 /2017 a:- GRANTOR DATE, EXHIBIT "A" N.T.S. D22587 Orchards Development Enterprises LLC 101-03-006M EXIST R/W SEC LN N89°11'38"E 2653.78' MC 85 NO. BEARING LENGTH L1 S 89°11'38" W 53.00' L2 S 89°1138" W 80.85' L3 N 00°01'42" W 138.87' L4 N 44°59'47" E 113.82' L5 S 00°06'46" E 218.22' D22587 Fee Simple 14,412 square feet or 0,3308 acres * * Total Take EXPIRES 12 /31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. 1I-511 ITEM No, D22587 DATE 4-11-17 M.C.D.O.T. R/W Tech: Agent: RES P.M.