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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date 5/16/16 Address 3200 East Camelback Road, Suite 210 Phone (602) 280-7500 City Phoenix, AZ 85018 Fax 602-230-6256 Escrow Officer Mark Osborn Escrow No. 29400-15-80966 Queen Creek Unified School District, a political subdivision of the State of Grantor: Arizona Phone: 480-988-2731 Address: 20217 East chandler Heights Road Phone: 480-987-5935 City 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: Escrow Fees LI 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. El 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. El Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges LI Other Disbursements: Sub Total Title Report Credit Land $3,479.00 Possession date: Improvements $42,705.00 Close of escrow: Severance Damages Date of recording: TCE Drainage Easement $33,970.00 Special Conditions Right of Way Contract Yes El No I: Exhibit "B" Entry Agreement YesLJ No [E] Total Closing Costs Addendum attached hereto and made a Yes 111 No El Total Purchase Price $80,154.00 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, 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 MARICOPA 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.: 304-90-398P Item No D23252 Right of Way Agent: Robert W. 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 $ 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 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 MAR1COPA 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 1VIARICOPA 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. MAR1COPA 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 HOARD OF OF TRANSPORTATION SUPERVISORS Signature Title Right of Way Acquisitioei Manager Chairman of the Board Queen Creek Unified School District, a political subdivision of the State of /SY lp ATTEST: Arizona 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 Parcel No. 304-90-398P Project No, TT406 RIGGS ROAD (FROM POWER ROAD TO HAWES ROAD) Item No 1)23252 EXHIBIT "A" LEGAL DESCRIPTION FOR 1EE SIMPLE RIGHT OF WAY A portion of that property described in Document number 2006-723159 and further shown in Book 980 of Maps, Page 47 records of Maricopa County Recorder (MCR), lying within the Southwest quarter of Section 29, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona described as follows: COMMENCING at the Southwest corner of said Southwest quarter; THENCE .along the South line of said Southwest quarter North 89°31'44' East a distance of 771,37 feet; THENCE leaving said South line North 00 028 116" West a distance of 70.00 feet to a point on the South line of that property shown in Book 980 of Maps, Page 47 MCR said point also being the POINT OF BEGINNING; THENCE along last said South line, North 89°31'44" East, a distance of 109.95 feet; THENCE leaving said South line North 45 038'17" West, a distance of 42.55 feet; THENCE South 89 031'44" West, a distance of 49.99 feet; THENCE South 44°19'26" West, a distance of 42.27 feet to the POINT OF BEGINNING, The above described parcel contains 2,399 square feet or 0.0551 acres, more or less. Page I ofi mARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 5-26-15 I Chic A p p Rev: Maricopa County Public Works - Real Estate Division EXPIRES 3-31-2017 GRANTOR DATE EXHIBIT "A" Parcel No. 304-90-398P Project No. TT406 RTGGS ROM) (FROM POWER ROAD TO HAWES ROAD) Item No, D23252-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRALNAGE EASEMENT A portion of that property described in Document number 2006-723159 and further shown in Book 980 of Maps, Page 47 records of Maricopa County Recorder (NCR), lying within the Southwest quarter of Section 29, Township 2 South, Range 7 East of the Gila 87, Salt River Base & Meridian, Maricopa County, Arizona described as two parcels as follows: Parcel One: COMMENCING at the Southwest corner of said Southwest quarter; THENCE along the South line of said Southwest quarter North 89°31'44" East a distance of 771,37 feet; THENCE leaving said South line North 00°28 116" West a distance of 70.00 feet to a point on the South line of that property shown in Book 980 of Naps, Page 47 NCR said point also being the POINT OF BEGINNING; THENCE along last said South line, South 89 03144" West, a distance of 669.91 feet to the Southeast corner of Drainage Easement #1 as shown in Book 980 of Maps, Page 47 MCR; THENCE along the East line of said Drainage Easement #1 North 00 005 145" West, a distance of 113.04 feet; THENCE leaving said East line, South 45 017 100" East, a distance of 110.00 feet; THENCE North 89 031 144" East, a distance of 600.66 feet; THENCE South 00 0 00'00" West, a distance of 26.14 feet; THENCE South 44°19'26" West a distance of 12.49 feet to the POINT OF BEGINNING The above described parcel contains 26,760 square feet or 0.6143 acres, more or less. PARCEL TWO: BEGINNING at the intersection of the North line of the 30 foot R/W Dedication shown in Book 980 of Maps, Page 47 MCR and the West line of Drainage GRANTOR DATE Page 1 of 2 EXHIBIT "A" D23252-2 (Cont) Easement #2 as shown in Book 980, Page 47 MCR; THENCE along said West line, North 00°47'13" West, a distance of 303,32 feet; THENCE leaving said West line, South 89°5415" West, a distance of 0.83 feet; THENCE South 00°0545" East, a distance of 30133 feet to a point on said North line; THENCE along said North line, North 89°3144" East, a distance of 4.49 feet to the POINT OF BEGINNING. The above described parcel contains 808 suare feet or 0.0185 acres, more or less. The above two described parcels together contain 27,568 square feet or 0.6329 acres, more or less, page 2 of 2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 5-2645 C k: Appr Rev: fVlaricopa County Public Works - Real Estate Division EXPIRES 3-31-2017 GRANTOR DATE EXIIMIT "A" EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-90-398P Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23252 (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 Three Thousand Four Hundred Seventy Nine and No/100 DOLLARS ($3,479.00) as payment full for the property described herein. C. To pay the Grantors the sum of Thirty Three Thousand Nine Hundred Seventy and No/100 DOLLARS ($33,970.00) as payment full for the Drainage Easement upon the property described herein. D. To pay the Grantors the sum of Forty Two thousand Seven Hundred Five and 00/100 Dollars ($42,705.00) as payment in full for the Improvements located on the property herein and broken out as follows: Monument Sign =$15,000.00 12 Trees at $320.00 per Tree =$ 3,840.00 570 Linear Feet Irrigation Line at $2.65 per L.F. =$ 1,511.00 12 Irrigation Bubblers at $18.60 per Head =5 223.00 1 Irrigation Valve at $130.00 per Valve =5 130.00 3 Outdoor Lights at $775.00 per Light =$ 2,325.00 860 Square Foot Concrete Pad at $3.64 per Sq. Ft. =5 3,130.00 60 Linear Feet Curbing at $9.93 per L.F. =$ 596.00 32 Linear Feet Block Wall at $40.00 per L.F. =$ 1,280.00 1,100 Square Feet Asphalt at $2.05 per Sq. Ft. =5 2,255.00 38 Linear Feet Chain Link fencing at $15.85 per L.F. =$ 602.00 8,750 Square Feet at $1.35 per Sq. Ft. =511,813.00 Total Improvements =$42,705.00 E. 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. F. 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. To accept the sum of Three Thousand Four Hundred Seventy Nine and No/100 DOLLARS ($3,479.00) as payment in full for the property described herein. 3. To accept the sum of Thirty Three Thousand Nine Hundred Seventy and No/100 DOLLARS ($33,970.00) as payment full for the Drainage Easement upon the property described herein. 4. To accept the sum of Forty Two thousand Seven Hundred Five and 00/100 Dollars ($42,705.00) as payment in full for the Improvements located on the property herein. EXHIBIT "B" RIGHT OF WAY AGREEMENT Cont'd. Parcel No.: 304-90-398P Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23252 (RES) 5. 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 "E" and "F" above. 6. 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. GRANTORZ DATE 1/1--/-1k GRANTOR DATE EXHIBIT "B"