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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company — North American Title Insurance Company Date 7/8/2016 Address 3200 East Camelback Road, Suite #200 Phone 602-284-4108 City, State Zip Phoenix, Arizona 85018 Fax Escrow Officer | Mark Osborn Escrow No. 29400-15-80995 Grantor: David Dumke and Nichole Dumke, husband and wife Phone: 480-748-8114 Address: 19213 East Indiana Avenue Phone: City, State Zip | Queen Creek, Arizona 85142 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona a: Maricopa County Department of Transportation Mailing Address: _ 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 [1 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. X 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 Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges Drainage Easement L] Other Disbursements: Sub Total Title Report Credit Land $ 3,134.00 Possession date: Improvements $27,363.00 Close of escrow: Drainage Easement $25,082.00 Date of recording: Special Conditions Right of Way Contract YesX) Nol] Exhibit B” 4 1 70 1 8 0 1273 2478 1054 45 -1 5 1 70 1 8 1 1273 2487 85 36 96.291557 Entry 5 1 70 1 8 2 1369 2487 182 36 96.335571 Agreement 5 1 70 1 8 3 2066 2480 115 36 71.402878 YesL] 5 1 70 1 8 4 2231 2478 96 38 58.794960 Nok 4 1 70 1 9 0 121 2523 2206 50 -1 5 1 70 1 9 1 121 2538 83 29 96.517609 Total 5 1 70 1 9 2 219 2538 122 35 96.031654 Closing 5 1 70 1 9 3 355 2537 92 28 96.739700 Costs 5 1 70 1 9 4 1270 2532 181 29 96.021500 Addendum 5 1 70 1 9 5 1464 2531 140 30 96.021500 attached 5 1 70 1 9 6 1618 2531 106 28 96.428276 hereto 5 1 70 1 9 7 1736 2531 60 28 96.461288 and 5 1 70 1 9 8 1810 2531 92 28 94.793213 made 5 1 70 1 9 9 1915 2537 17 21 94.793213 a 5 1 70 1 9 10 2066 2525 115 36 10.179996 YesLX] 5 1 70 1 9 11 2231 2523 96 38 56.746582 Nol 4 1 70 1 10 0 123 2576 1331 37 -1 5 1 70 1 10 1 123 2583 81 29 96.069931 Total 5 1 70 1 10 2 219 2583 156 29 96.069931 Purchase 5 1 70 1 10 3 388 2582 83 28 96.743004 Price 5 1 70 1 10 4 985 2576 184 36 96.618996 $55,579.00 5 1 70 1 10 5 1273 2579 62 34 96.803246 part 5 1 70 1 10 6 1348 2577 106 29 96.866005 hereof 4 1 70 1 11 0 123 2625 357 30 -1 5 1 70 1 11 1 123 2628 123 27 92.005653 TOTAL 5 1 70 1 11 2 257 2625 223 30 90.105751 WARRANT** 2 1 71 0 0 0 97 2657 1097 10 -1 3 1 71 1 0 0 97 2657 1097 10 -1 4 1 71 1 1 0 97 2657 1097 10 -1 5 1 71 1 1 1 97 2657 1097 10 95.000000 2 1 72 0 0 0 198 2687 1143 81 -1 3 1 72 1 0 0 198 2687 1143 81 -1 4 1 72 1 1 0 199 2687 998 39 -1 5 1 72 1 1 1 199 2691 148 29 91.257843 *Escrow 5 1 72 1 1 2 358 2690 64 28 96.767891 and 5 1 72 1 1 3 435 2690 64 28 96.140816 title 5 1 72 1 1 4 513 2690 105 36 96.448334 policy 5 1 72 1 1 5 630 2688 72 29 96.538048 fees 5 1 72 1 1 6 717 2688 107 29 96.538048 based 5 1 72 1 1 7 837 2696 42 21 96.671669 on 5 1 72 1 1 8 892 2688 65 29 96.847260 this 5 1 72 1 1 9 970 2688 134 27 96.201630 amount 5 1 72 1 1 10 1116 2687 81 34 94.148720 only. 4 1 72 1 2 0 198 2729 1143 39 -1 5 1 72 1 2 1 198 2735 107 28 64.664871 *Sum 5 1 72 1 2 2 321 2733 35 29 96.527229 of 5 1 72 1 2 3 367 2732 103 30 96.527229 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 July 8, 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.: 304-90-408-A Item No D23281 Right of Way Agent: Jennifer Rodriguez 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 $_N/A 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'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: David Dumke and Nichole RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Dumke, husband and wife ( Oy MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF NTS. \ \ OF TRANSPORTATION SUPERVISORS David Dumke Right of Acquisition Manager Chairman of the Board Ath so [Vente of: 7 [aalac Nichole Dumke ly 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 ate Date GS/CS Revised 10/6/2009 EXHIBIT B RIGHT OF WAY AGREEMENT Parcel No.: 304-90-408-A Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23281 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 One Hundred Thirty Four Dollars and No/100 DOLLARS ($3,134.00) as payment in full for the property described herein. C, To pay the Grantors the sum of Twenty Seven Thousand Three Hundred Sixty Three Dollars and No/100 DOLLARS ($27,363.00) as payment in full for the improvements located on the property described herein and broken out as follows: Site Improvements: Fencing =$ 8,995.00 Volleyball Court =$ 8,426.00 Trees =$ 5,260.00 Lawn Sprinklers — 8,000 Square Feet at $0.48/Sf_ =$ 3,840.00 Edging — 75 linear feet X $4.10/linear foot =$ 308.00 Gravel — 300 Square Feet at $1.78/Sf =$ 534.00 Site Improvements Total =$27,363.00 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 Twenty Five Thousand Eighty Two Dollars and No/100 DOLLARS ($25,082.00) 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 Three Thousand One Hundred Thirty Four Dollars and No/100 DOLLARS ($3,134.00) as payment in full for the property described herein. 3. To accept the sum of Twenty Seven Thousand Three Hundred Sixty Three Dollars and No/100 DOLLARS ($27,363.00) as payment in full for the improvements located on the property described herein and broken out as follows: Site Improvements: Fencing =$ 8,995.00 Volleyball Court =$ 8,426.00 Trees =$ 5,260.00 Lawn Sprinklers — 8,000 Square Feet at $0.48/Sf_ =$ 3,840.00 Edging — 75 linear feet X $4.10/linear foot =$ 308.00 Gravel — 300 Square Feet at $1.78/Sf =$ 534.00 Site Improvements Total =$27,363,00 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. 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. To accept the sum of Twenty Five Thousand Eighty Two Dollars and No/100 DOLLARS ($25,082.00) as payment in full for the Drainage Easement on the property described herein. 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. 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. } i ) DATE¢ 8 Ile GRANTOR NO DATE AM \lo GRANTOR EXHIBIT “B” (BY Parcel No, 304-90-408A. Project No. TT406 RIGGS ROAD . ROM POWER ROAD TO HAWES ROAD) Item No. D23281 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of that property described in Document number 2011-0861873 records of the Maricopa County Recorder (MCR) lylng within the Northwest quarter of the Northwest quarter of the Northwest quarter of Sectlon 32, Township 2 South, Range 7 East of the Gila & Salt River Base & Merldian, Maricopa County, Arizona more particularly described as follows: The East 5,00 feet of the West 70.00 feet of the West 263.68 feet of the South 219.25 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter. The above described parcels together contain 1,096 square feet or 0.0252 acres, more or less. Page | of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 5-22-15 | Chie | Appr: ist fh fs Rev: Maricopa County Public Works - Real Estate Division DOW DATE, G8 | KO Grantor Oy EXHIBIT “A” Parcel No. 304-90-408A Project No. TT406 RIGGS ROAD (FROM POWER ROAD TO HAWES ROAD) ; Item No, D23281-2 EXHIBIT “A” LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A portion of that property described in Document number 2011-0861873 records of the Maricopa County Recorder (MCR) lying within the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 32, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona more particularly described as follows: The East 40.00 feet of the West 110,00 feet of the West 263.68 feet of the South 219.25 feet of sald Northwest quarter of the Northwest quarter of the Northwest quarter. The above described parcels together contain 8,770 square feet or 0.2013 acres, more or less, Page 1 of L MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 5-22-15 [ chk: [ Appr: Lee Lhe cy Rev: EXPIRES 3-31-2017 Maricopa County Public Works ~ Real Estate Division DOW Hite GRANTOR parm’ i/3 EXOIBYT “A”