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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date 1/4/17 Address 14635 North Kierland, Suite 110 Phone 602-294-2505 City, State Zip Scottsdale, AZ 85254 Fax Escrow Officer Mark Osborn Escrow No. 29400-16-83538, 29400-16-83537, 29400-16-83536 Grantor: Town of Queen Creek, an Arizona Munici al Cor oration Phone: 480-358-3192 Address: 22350 S. Ellsworth Road Phone: City, State Zip Queen Creek, AZ 85142 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: Maricopa County Department of Transportation Real Estate Division, 2901 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or Charges and Disbursements to be paid from Grantor's funds as deposit with the Title Company if escrowed, the purchase price follows (check all that apply): plus all lawful costs incidental to closing as follows: i i Escrow Fees El Total Acquisition of Grantor's Property: Full release of all Title Policy Fees I • monetary liens and encumbrances, and leases of any kind. Release Fees Pay in full all due and delinquent real pro_perty taxes and general and special improvement assessments. Prorate the • current year's real property taxes on closings that occur on or After the 3rd Monday of August each year. Escrow Agent shall withhold the prorated amounts from each party and pay the lien of the current year's taxes in full. I Partial Acquisition of Grantor's Property: Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent property taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within the 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 • • Other Disbursements: I Sub Total Title Report Credit Land $603,971.00 Possession date: Improvements Close of escrow: Severance Damages Date of recording: TOE Cost to Reestablish Special Conditions Right of Way Contract Yes _ .1 • Exhibit "B" Entry Agreement Yes • No El Total Closing Costs Addendum attached hereto and made a Yes 0 No A.4 Total Purchase Price $603,971.00 part hereof TOTAL WARRANT** • *Escrow and title poi ey fees based on this amount only **Sum of "Total Clos'ng Costs" and "Total Purchase Price" only. The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated described in Exhibit "A" 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 MAR1COPA COUNTY, title to said property to be transferred upon the acceptance of delivery and possession by its BOARD OF SUPERVISORS. Project: Riggs Road (Ellsworth Road to Meridian Road) PCN: TT0251 Assessor Parcel No.: 304-91-027Z, 304-91-027N, and 304-91-028A Item No D22760, D22761 D22762 Right of Way Agent: Rob Sachs, SRNVA Telephone # 602-506-4744 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. The Escrow Agent is to withhold $ NA as a security deposit pending satisfactory delivery of the subject property to MARICOPA COUNTY by the Grantor. Grantor agrees MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due MARICOPA COUNTY from the Grantor, or to payment for any loss or damage sustained by MARICOPA COUNTY caused by the Grantor after the date of this agreement. MARICOPA COUNTY will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after acceptance of delivery and possession of the subject property. 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 - 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 MAR1COPA 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. 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. If MARICOPA COUNTY is acquiring only a portion of Grantor's property, than Grantor grants to 1VIARICOPA COUNTY, its agents, employees and contractors, the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of way, if required. 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 understood and agreed that this temporary right will expire and terminate thirty (30) days after completion of the above referenced project. 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: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Jokn KAss. Town Manager Right of Way Acquisition Manager Chairman of the Board 47.41.?of ATrEST: 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 GS/CS Revised 1016/2009 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-91-027Z, 304-91-027N, and 304-91-028A Project No.: TT251 Riggs Road (Ellsworth Road to Meridian Road) Item No.: D22760, D22761 and D22762 (RES) 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 in Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantors the sum of Six Hundred Three Thousand Nine Hundred Seventy One and No/100 DOLLARS ($603,971.00) as payment in full for the property described herein and broken out as follows: D22760, 304-91-027.7- 1.8121 Acres x $76,347/Acre =$138,348.00 rounded 1J22761, 304-91-027N- 5.2014 Acres x $62,324/Acre =$324,172.00 rounded D22762, 304-91-028A - 2.2696 Acres X $62,324/Acre =$141,451.00 rounded 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. TT0251 Riggs Road (Ellsworth Road to Crismon Road) 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 Six Hundred Three Thousand Nine Hundred Seventy One and No/100 DOLLARS ($603,971.00) as payment in full for the property 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" and "D" above. 4. That, upon the Grantor's signing of the Warranty Deed, the County and/or its agents shall have immediate use of the property described herein. GRANTOR DATE 44/7 GRANTOR DATE zi/6/y EXHIBIT "B" PROJECT NO. TT251 RIGGS ROAD Ellsworth Rd to Meridian Rd 304-91-027Z D-22760 EXHIBIT "A" LEGAL DESCRIPTION A portion of the West 1 1044 feel of the North 213 feet of the Northwest quarter of Section — T2S, R7E of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion is more particularly described as follows: COIVIIVIENCING at the Northwest corner of Northwest quarter of said Section 34, from which the North quarter corner bears North 89°33'17" East a distance of 2636.17 feet; thence along the North line of Section 34, North 89 033'17" East a distance of 145.00 feet to the POINT OF BEGINNING; thence continuing along said North line, North 89°33'17" East a distance of 898_86 feet; thence leaving said North line, South 00 026152" East a distance of 128.02 feet to the beginning of a non-tangent curve, the center of which bears North 04'37'02" East, a distance of 3070.00 feet; thence westerly along the arc of said curve, through a central angle of 01 01721 11, for an arc distance of 69.08 feet; thence North 84005137" West, a distance of 299.82 feet to the beginning of a tangent curve to the left with a radius of 2930.00 feet; thence westerly along the arc of said curve, through a central angle of 06°21'06", for an arc distance of 324.81 feet; thence South 89 033117" West, a distance of 208.38 feet; thence North 00°08'02" West, a distance of 70_00 feet to the POINT OF BEGINNING Theabove described parcel contains 78,937 square feet or 1.8121 acres, more or less_ Page 1 of I ,:t2T2 6H0 :„; GREEN , MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 11/08/12 jb Chic Appr: 4„? Rev: 0.5/25/16_113 - . t Maricopa County Public Works - Real Estate Division' EXPIRES 12131/2017 GRANTOR 6-)Z-- DATE 2 /4 EXRD3IT "A" PROJECT NO. TT261 RIGGS ROAD Ellsworth Rd to Meridian Rd 304-91.-027N D-22761 EXHIBIT "A" — LEGAL DESCRIPTION A portion of the North half of Section 34 T2S, R7E of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion is more particularly described as follows: COMMENCING at the Northwest corner of Northwest quarter of said Section 34, from which the North quarter corner bears North 89'3317" East a distance of 2636.17 feet; thence along the North line of said Northwest quarter, North 89 033'17" East a distance of 1,043.86 feet to the POINT OF BEGINNING; thence continuing along the said North lino, North 89°33'17" East a distance of 1,592.31 feet to the North quarter corner of said Section 34; thence along the North line of the Northeast quarter of said Section, North 89°3325" East a distance of 1318.12 feet; thence leaving said North line, South 00°2635" East a distance of 75.00 feet to a line barallel with and 75 feet South of the ,North line of the said Northeast quarter; thence along said parallel line, South 89 03325" West a distance of 1318.86 feet to a point on a line parallel with and 75 feet South of the North line of the said Northwest quarter; thence along said parallel line, South 89°33'17" West ad istance of 1038.63 feet; thence leaving last said parallel line, South 00°2643" East a distance of 15.00 feet to a point on a line parallel with and 90 feet South of the North line of said Northwest quarter; thence along last said parallel line, South 89 033'17" West a distance of 552.94 feet; thence leaving last said parallel line, North 00'2652" West a distanae of 90.00 feet to the POINT OF BEGINNING. The above described parcel contains 226,574 square feet or 5.2014 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTAVON Prelim:11/08/12 j Chk: Appr: Rev: 05/23/1 6 jb Ma ricopa County Public Works - Real Estate Division EXPIRES 12)31 /2017 GRANTOR DATE 1,i/Vj 7 EXHIBIT "A" PROJECT NO. TT25I RIGGS ROAD Ellsworth Rd to Meridian Rd 304-91 ,-028A D.22762 EXHIBIT LEGAL DESCRIPTION A portion of the North 330 feet of the Northeast quarter of the Northeast quarter of Section 34— T25, R7E of the Gila and Salt River Base and Meridian, Maricapa Gounty, Arizona, Said portion is more particularly described as follows: BEGINNING at the Northeast corner of the Northeast quarter of said Section 34, from which the North quarter corner bears South 89°33'25" West a distance of 2636.36 feet; thence along the North line of said Northeast quarter, South 89'33'25" West a distance of 1318.25 ' feet; thence leaving said North line, South 00°26'35" East a distance of 75.00 feet to a point on the South 76.00 feet of said Northeast quarter; thence along said South fine, North 89°33'25" East a distance of 1318.10 feet to the East line of said Section 34; thence along said East line, North 00°19'39" West a distance of 75,00 feet to the POINT OF BEGINNING. The above described parcel contains 98,863 square feet or 2.2696 acres, more or less. Page 1 of 1 22260 KENNETH . 16E:26F 1-1 . /7 6 GREEN z 'MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 11/08/12 ib Cbk: Appr: Rev: 05124/16 jb Maricopa County Public Works - Real Estate Division •EXPIRES 12/31/2017 DATE 2 /&'// EXHIBIT "A"