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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company —_North American Title Company Date 05/31/2016 Address 3200 East Camelback Road, Suite #200 Phone —_ (602) 284-4108 City, State Zip Phoenix, Arizona 85018 Fax (602) 280-7560 Escrow Officer | Mark Osborn Escrow No. 29400-15-80989 Grantor: Curtis Kiumann & Char A. Radtke-Kiumann, husband and wife Phone: 480-299-6449 Address: 26108 South 187" Steet Phone: City, State Zip | Queen Creek, Arizona 85142 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona 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 ail that apply): plus all lawful costs incidental to closing as follows: Escrow Fees (1 Total Acquisition of Grantor's Property: Full release of all Titie 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. XX] 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. (C] Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges (1 Other Disbursements: Sub Total Title Report Credit Land $4,139.00 Possession date: Improvements $17,796.38 Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes No E] Exhibit B° 4 1 66 1 8 0 1261 2456 1051 42 -1 5 1 66 1 8 1 1261 2462 85 36 96.745735 Entry 5 1 66 1 8 2 1356 2462 183 36 96.618759 Agreement 5 1 66 1 8 3 2049 2456 116 37 0.000000 Yes] 5 1 66 1 8 4 2216 2456 96 37 82.860939 Nok 4 1 66 1 9 0 115 2502 2195 39 -1 5 1 66 1 9 1 115 2507 83 28 95.861221 Total 5 1 66 1 9 2 213 2507 122 34 96.555893 Closing 5 1 66 1 9 3 349 2507 92 28 96.004913 Costs 5 1 66 1 9 4 1258 2507 179 28 96.084351 Addendum 5 1 66 1 9 5 1450 2507 140 28 96.075119 attached 5 1 66 1 9 6 1605 2507 104 28 96.255913 hereto 5 1 66 1 9 7 1721 2507 58 28 96.548981 and 5 1 66 1 9 8 1794 2507 90 28 93.989494 made 5 1 66 1 9 9 1898 2514 18 21 96.929756 a 5 1 66 1 9 10 2049 2502 116 38 0.000000 Yes[] 5 1 66 1 9 11 2216 2502 94 38 67.254883 Nok 4 1 66 1 10 0 115 2549 1327 39 -1 5 1 66 1 10 1 115 2552 83 28 96.421913 Total 5 1 66 1 10 2 213 2552 156 28 96.421913 Purchase 5 1 66 1 10 3 382 2552 82 28 96.614738 Price 5 1 66 1 10 4 972 2549 185 34 95.102020 $21,935.38 5 1 66 1 10 5 1260 2553 63 35 96.777512 part 5 1 66 1 10 6 1335 2552 107 28 96.572372 hereof 2 1 67 0 0 0 91 2581 1090 13 -1 3 1 67 1 0 0 91 2581 1090 13 -1 4 1 67 1 1 0 91 2581 1090 13 -1 5 1 67 1 1 1 91 2581 1090 13 95.000000 2 1 68 0 0 0 91 1186 11 1448 -1 3 1 68 1 0 0 91 1186 11 1448 -1 4 1 68 1 1 0 91 1186 11 1448 -1 5 1 68 1 1 1 91 1186 11 1448 95.000000 2 1 69 0 0 0 1177 1188 13 1446 -1 3 1 69 1 0 0 1177 1188 13 1446 -1 4 1 69 1 1 0 1177 1188 13 1446 -1 5 1 69 1 1 1 1177 1188 13 1446 95.000000 2 1 70 0 0 0 870 1188 12 1446 -1 3 1 70 1 0 0 870 1188 12 1446 -1 4 1 70 1 1 0 870 1188 12 1446 -1 5 1 70 1 1 1 870 1188 12 1446 95.000000 2 1 71 0 0 0 564 1278 11 1356 -1 3 1 71 1 0 0 564 1278 11 1356 -1 4 1 71 1 1 0 564 1278 11 1356 -1 5 1 71 1 1 1 564 1278 11 1356 95.000000 2 1 72 0 0 0 115 2595 358 29 -1 3 1 72 1 0 0 115 2595 358 29 -1 4 1 72 1 1 0 115 2595 358 29 -1 5 1 72 1 1 1 115 2595 125 29 91.711517 TOTAL 5 1 72 1 1 2 249 2595 224 29 90.960640 WARRANT** 2 1 73 0 0 0 91 2626 1090 13 -1 3 1 73 1 0 0 91 2626 1090 13 -1 4 1 73 1 1 0 91 2626 1090 13 -1 5 1 73 1 1 1 91 2626 1090 13 95.000000 2 1 74 0 0 0 192 2658 1136 80 -1 3 1 74 1 0 0 192 2658 1136 80 -1 4 1 74 1 1 0 192 2658 993 38 -1 5 1 74 1 1 1 192 2658 148 29 92.058884 *Escrow 5 1 74 1 1 2 351 2660 63 27 95.144798 and 5 1 74 1 1 3 427 2658 65 29 96.656395 title 5 1 74 1 1 4 505 2658 104 36 96.520004 policy 5 1 74 1 1 5 621 2658 72 29 96.520004 fees 5 1 74 1 1 6 706 2660 106 27 95.416092 based 5 1 74 1 1 7 825 2666 42 21 94.681885 on 5 1 74 1 1 8 880 2658 65 29 96.831841 this 5 1 74 1 1 9 957 2660 134 28 96.617844 amount 5 1 74 1 1 10 1102 2660 83 36 96.106308 only. 4 1 74 1 2 0 192 2702 1136 36 -1 5 1 74 1 2 1 192 2702 105 28 96.190331 “Sum 5 1 74 1 2 2 312 2702 38 28 96.190331 of 5 1 74 1 2 3 360 2702 102 28 96.532730 “Total 5 1 74 1 2 4 475 2702 136 36 96.482300 Closing 5 1 74 1 2 5 624 2702 117 28 82.639137 Costs and Total 5 1 74 1 2 8 949 2702 164 28 96.568275 Purchase 5 1 74 1 2 9 1126 2702 106 28 94.386955 Price only. The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated May 31, 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.: 304-90-517E Item No D23274 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. Itis 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: Curtis Klumann and Char A. RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Radtke-Klum sband and wife k's ao ) MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF Qe OF TRANSPORTATION SUPERVISORS Curtis Klumann Right of Way Acquisition Manager Chairman of the Board / G (14/20 IG Char A. Radtke-Klumann ATTEST: Date in the perdo, Clerk of the Board of Supervisors ij Accepted Date Z Seg CG VW ESCROW OFFICER me eputy County Attorney Date Date GS/CS Revised 10/6/2009 f EXHIBIT B RIGHT OF WAY AGREEMENT Parcel No.: 304-90-517E Project No.: TT406 Riggs Road (Power Road to Hawes Road) Item No.: D23274 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 Four Thousand One Hundred Thirty-Nine and No/100 DOLLARS ($4,139.00) as payment in full for the property described herein. Cc, To pay the Grantors the sum of Seventeen Thousand Seven Hundred Ninety Six Dollars and 38/100 ($17,796.38) as payment in full for the improvements located on the property described herein and broken out as follows: Mature Tree — 1 and 9 shrubs =$ 1,716.66 Irrigation System =$ 3,363.47 Fence - (chain link with block foundation)115 lin ft X $25.85/lin ft =$ 7,434.25 Rolling Gate 20x6 (chain link) =$ 5,282.00 Site Improvements Total =$17,796.38 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 Four Thousand One Hundred Thirty-Nine and No/100 DOLLARS ($4,139.00) as payment in full for the property described herein. 3, To accept the sum of of Seventeen Thousand Seven Hundred Ninety Six Dollars and 38/100 ($17,796.38 ) as payment in full for the improvements located on the property described herein and broken out as follows: Mature Tree — 1 and 9 shrubs =$ 1,716.66 Irrigation System =$ 3,363.47 Fence - (chain link with block foundation)115 lin ft X $25.85/lin ft =$ 7,434.25 Rolling Gate 20x6 (chain link) =$_ 5,282.00 Site Improvements Total =$17,796.38 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/100 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 Noe/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 C and D 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. C Kare Sf ve GRANTOR paTE SB TG cranr@(QlL DATE 9/31/0 — HIRIT “R” Parcel No. 304-90-517E Project No. TT406 RIGGS ROAD (FROM POWER ROAD TO HAWES ROAD) Item No. D23274 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY The North 30.00 feet of that property described in Document number 2014-786054 records of the Maricopa County Recorder (MCR) lying within the West half Northeast quarter of the Northeast quarter of the Northeast quarter of Section 32, Township 2 South, Range ? East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said North 30.00 feet more particularly described as follows: COMMENCING at the Northeast corner of said Section 32; THENCE South 89°31‘18" West a distance of 505.77 feet; THENCE South 00°04'52” East a distance of 40.00 feet to the Northwest corner of that property described In said Document number 2014- 786054 said point also being the POINT OF BEGINNING; THENCE along sald West Ilne South 00°04’52” East a distance of 30.00 feet; THENCE leaving said West line, North 89°311'L8” East a distance of 106.27 feet to a point on the West line of that property conveyed to Maricopa County as described in Document number 2014-454994 MCR; THENCE along said West line, North 00°28’50” West a distance of 30.00 feet to a point on the South fine of the North 40.00 feet of said Northeast quarter of Section 32; THENCE along sald South line South 89°31'18" West a distance of 106.26 feet to the POINT OF BEGINNING. The above described parcel contains 3,184 square feet or 0.0731 acres, more or less, Page | of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 5-22-15 Chic | Appriféd fede” Rev: Maricopa County Public Works - Real Estate Division GRANTO EXUIBIT “A”