G. D23250B.PDF

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title A one Date November 7, 2016
Address 3636 North Central Avenue, r Floor Phone 602-230-6271
City Phoenix, Arizona 85012 Fax 602-230-6256
Escrow Officer Jason Bryant
Escrow No. 15150028-015-JBA
Grantor: ASB LLC, an Arizona limited liability company Phone: 602-989-1899
Address: Indiana Avenue & Sossaman Road Phone:
City Queen Creek, AZ 85142 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: MarIcepa 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:
Escrow Fees IM Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees monetary liens and encumbrances, and leases of any kind.
Release Fees Pay in full all due and delinquent real property 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.
171 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.
Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
LI Other Disbursements:
Sub Total
Title Report Credit
Land $193,980.00 Possession date:
Improvements $00.00 Close of escrow:
Severance Damages Date of recording:
TCE $00.00
Cost to Reestablish $00.00 Special Conditions Right of Way Contract Yes 1E1 No Eji
Drainage Easement $00.00 Exhibit "B”
Entry Agreement Yes r] No [SI
Total Closing Costs Addendum attached hereto and made a Yes 111 No
Total Purchase Price $193,980.00 part hereof
TOTAL WARRANT**
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
The GRANTOR, haying executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated November
7, 2016 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 MAR ICOPA COUNTY, title to said property to be transferred upon
the acceptance of delivery and possession by its BOARD OF SUPERVISORS.
Project: Riggs Road (Power Road to Hawes Road) PCN: TT406
Assessor Parcel No.: 304-89-888 Item No D23250B
Right of Way Agent: Wayne Jones Telephone # (602) 234-1000

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 $ 0.00 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
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 MAR ICOPA 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, then Grantor grants to MARICOPA 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 MAR ICOPA 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: ASB LLC, an Arizona limited RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
liability company
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
By:
/t1,61/1-14/2--
Its: Right of Way Acquisition Manager Chairman of the Board
1 / 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
GS/CS Revised 10/6/2009

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-89-888
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23250
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 One Hundred Ninety Three Thousand Nine Hundred Eighty and No/100
DOLLARS ($193,980.00) as payment in full for the property described herein.
C. To pay the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the improvements
located on the property described herein and broken out as follows:
DESCRIBE ALL IMPROVEMENTS =$00.00
Site Improvements Total =$00.00
D. To pay the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment for reestablishment of
depreciated improvements located on the property described herein.
E. To pay the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Temporary
Construction Easement on the property described herein.
F. To pay the Grantors the sum of N/A and 00/100 Dollars ($00.00) as payment in full for the Drainage
Easement on the property described herein.
G. 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.
H. That no costs relating to construction of roadway improvements on Project No. TT406 Riggs Road (Power Road
to Hawes 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 One Hundred Ninety Three Thousand Nine Hundred Eighty and No/100 DOLLARS
($193,980.00) as payment in full for the property described herein.
3, To accept the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the improvements located on
the property described herein and broken out as follows:
DESCRIBE ALL IMPROVEMENTS =$00.00
Site Improvements Total =$00.00
4. To accept the sum of N/A and 00/100 Dollars ($00.00) as payment for reestablishment of depreciated
improvements located on the property described herein.
5. To accept the sum of N/A and No/I00 DOLLARS ($00.00) as payment in full for the Temporary Construction
Easement on the property described herein.
6. To accept the sum of N/A and 00/100 Dollars ($00.00) as payment in full for the Drainage Easement on the
property described herein.
7. 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 "G" and "H" above.
8. 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 /746°' GRANTOR DATE
EXHIBIT "B"

Parcel No. 304-89-888
Project No. T1408
RIGGS ROAD
(FROM POWER ROAD TO HAWES ROAD)
Item No. 023250B
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
Parcel Number 4 as described In Document number 2014-0345695 records of Marlcopa County Recorder (MCR); said
property also being a portion of Lot 25 of Chandler Heights Citrus Tract Unit No. 3127, as recorded in Book 21, Map 20
MCR, lying within Section 31, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa
County, Arizona described as follows:
BEGINNING at the Northeast corner of said Section 31, said point being a found Maricopa County Department of
Transportation Brass Cap flush, from which the East quarter corner of said Section 31 bears South 00 000'15" East, a
distance of 2663.82 feet, said point being a found Aluminum Brass Cap flush;
Thence South 00°00'16" East, along the East line of the Northeast quarter of said Section 31, a distance of 356.82
feet;
Thence North 89°43'54" West, a distance of 33.00 feet to the Southeast corner of the North half of the East half of lot
25 of said Chandler Heights Citrus Tract Unit No. 3127, said point being a found P.K. Nail in pavement, said point also
being the POINT OF BEGINNING;
Thence continuing North 89°43'54" West, along the South line of the North half of the East half of said lot 25, a
distance of 166.43 feet;
Thence North 00°02'16" West, a distance of 324.74 feet to a point on the North line of said lot 25;
Thence South 89°27'58" East, along the North line of said lot 25, a distance of 166.62 feet to the Northeast corner of
said lot 25, said point being a found point chiseled "X" In concrete;
Thence South 00°00'16" East, along the East line of said lot 25, a distance of 7.00 feet to a point on the North line of
that certain property described in Warranty Deed recorded in Document No. 2008-253453, records of Maricopa
County, Arizona;
Thence North 89°27'58" West, along the North line of said property, a distance of 40.00 feet;
Thence South 44°44'07" East, along the West line of said property, a distance of 56.83 feet to a point on the East line
of said lot 25;
Thence South 00°00'15" East, a distance of 276.98 feet to the POINT OF BEGINNING.
The above described parcel contains 52,887 square feet or 1.2141 acres more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 5-14-15 Chk: Appr:
Rev: 8-3-15; 06-16-16; 10-24-16/b
' Maricopa County Public Works - Real Estate Division, EXPIRES 12 /31/2017
GRANTOR DATE
EXHIBIT "A"