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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Insurance Company Date September 20, 2016 Address 3200 East Camelback Road, Suite 200 Phone 602-284-4108 City Phoenix, Arizona 85018 Fax 480-596-5031 Escrow Officer Mark Osborn Escrow No. 29400-15-80980 Malaquias Ruiz Perez, a married man as his sole and separate Grantor: propperty Phone: 480-209-9943 Address: 25223 South 1961h Way Phone: City, State Zip Queen Creek, Arizona 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 111 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. EI 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 (les). Total Other Charges 111 Other Disbursements: Sub Total Title Report Credit Land $8,924.00 Possession date: Improvements $12,583.00 Close of escrow: Severance Damages Date of recording: TCE $00.00 Cost to Reestablish $00.00 Special Conditions Right of Way Contract Yes [E] No III Drainage Easement Exhibit "B" Entry Agreement Yes ID No Ej Total Closing Costs Addendum attached hereto and made a Yes E No El Total Purchase Price $21,507.00 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 September 14 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 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.: 304-90-035F Item No D23264 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 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, 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% 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: Malaquias Ruiz Perqz, a rnarr his sole and seati•zr.i e prope MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS , 11, (27M Right of Way Acquisition Manager Chairman of the Board 9 Q 3 'D 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 Parcel No. 304-90-035F Project No, TT406 RIGGS ROAD (FROM POWER ROAD TO RAWES ROAD) Item No. D23265 EXtrillIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY The South 30,00 feet of the North 70,00 feet of that property described in Document number 2001-1018117 records of the Marlcopa County Recorder (NCR) lying within the East half of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 32, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona, Said South 30,00 feet more particularly described as follows: COMMENCING at the North quarter corner of said Section 32; THENCE North 89°31'18" East a distance of 661,03 feet (North 89°37'45" East, 061.04 feet Record) to the Northeast corner of that property described in said Document number 20014018117; THENCE along the East line of the East half of the Northwest quarter of the Northwest quarter of the Northeast quarter of said Section 32, South 00°05'42" East a distance of 40,00 feet to the POINT OF BEGINNING; THENCE continuing along said East line South 00°0542" East a distance of 30.00 feet; THENCE leaving said East line, South 89°31'18" West a distance of 165.25 feet to a point on the West line of said property; THENCE along said West line, North 00°06'06" West a distance of 30.00 feet to the South line of the North 40.00 feet of said Northeast quarter of Section 32; THENCE along said South line North 89°31'18" East a distance of 165.25 feet to the POINT OF BEGINNING. The above described parcel contains 4,957 square feet or 0,1138 acres, more or less. Together with all right, title and interest in the North 40.00 feet of said property as conveyed to Marlcopa County in Docket number 11702, Page 1540 NCR. Page 1 of 1 MAR ICOPA COUNTY DEPARTMENT Or TRANSPORTATION Prelim: 5-22•15 Chk: Appri ,11,14:0 Rev: EXPIRES 3.31-2017 Maricopa County Public Works - Real Estate Division GRANTOR_W_DATE 7- ZO /6 EXIIT,BIT "A" EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-90-035F Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23264 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 Eight Thousand Nine Hundred Twenty-Four and No/100 DOLLARS ($8,924.00) as payment in full for the property described herein. C. To pay the Grantors the sum of Twelve Thousand Five Hundred Eighty-Three and No/100 DOLLARS ($12,583.00) as payment in full for the improvements located on the property described herein and broken out as follows: Three (3) 24" box trees =$ 4,202.00 Fencing =$ 3,471.00 One (1) monument =$ 4,910.00 Site Improvements Total =$12,583.00 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 No/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 Eight Thousand Nine Hundred Twenty-Four and No/100 DOLLARS ($8,924.00) as payment in full for the property described herein. 3. To accept the sum of Twelve Thousand Five Hundred Eighty-Three and No/100 DOLLARS ($12,583.00) as payment in full for the improvements located on the property described herein and broken out as follows: Three (3) 24" box trees =$ 4,202.00 Fencing =$ 3,471.00 One (1) monument =$ 4,910.00 Site Improvements Total =$12,583.00 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. 4. To accept 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. 5. To accept the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Drainage Easement on the property described herein. 6. 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. 7. 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 10 (-1 DATE 1 /7 GRANTOR DATE EXHIBIT "B" Parcel No. 30440-035F Project No. TT406 RIGGS ROAD (FROM POWER ROAD TO ITAWES ROAD) Item No. D23265 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY The South 30,00 feet of the North 70.00 feet of that property described In Document number 20014018117 records of the Maricopa County Recorder (MCR) lying within the East half of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 32, Township 2 South, Range 7 East of the Gila 8c Salt River Base & Meridian, Maricopa County, Arizona. Said South 30.00 feet more particularly described as follows; COMMENCIN6 at the North quarter corner of said Section 32; THENCE North 89°3118" East a distance of 661,03 feet (North 89°37'45" East, 661.04 feet Record) to the Northeast corner of that property described in said Document number 20014018117; THENCE along the East line of the East half of the Northwest quarter of the Northwest quarter of the Northeast quarter of said section 32, South 00°05'42" East a distance of 40,00 feet to the POINT OF BEGINNING; THENCE continuing along said East line South 00005'42" East a distance of 30,00 feet; THENCE leaving said East line, South 89°31'18" West a distance of 1.65.25 feet to a point on the West line of said property; THENCE along said West line, North 00°06'06" West a distance of 30.00 feet to the South line of the North 40.00 feet of said Northeast quarter of Section 32; THENCE along said South line North 89 031 118" East a distance of 165.25 feet to the POINT OF BEGINNING, The above described parcel contains 4,957 square feet or 0,1138 acres, more or less. Together with all right, title and interest in the North 40.00 feet of said property as conveyed to Maricopa County In Docket number 11762, Page 1540 MCR. Page I of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 5-2245 rChk: Appr: Rev: EXPIRES 3-31-2017 Maricopn County Public Works - Real Estate Division GRANTORia DATE EXHIBIT "A"