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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Empire West Title Agency Date 5/11/2016 Address 4808 N. 22™ St., Ste. 100 Phone _ 602-749-7082 City Phoenix, AZ 85016 Fax 602-674-0864 Escrow Officer _ Sharon Dyke Escrow No. File No. 18804EW Grantor: Carl J. Carlson, a single man Phone: 623.910.4339 Address: 6022 E. Peak View Road Phone: City Cave Creek, AZ 85331 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: 54.41 Estate Division, 2801 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 [_} Total Acquisition of Grantor's Property: Full release of all Title Policy Fees monetary liens and encumbrances, and leases of any kind. Pay in full all due and delinquent real property taxes and general and special improvement assessments. Prorate the Total Escrow & Title Fees current year's real property taxes on closings that occur on or After the 3rd Monday of August each year. Escrow Agent Recording Fees: shail withhold the prorated amounts from each party and pay Deed the iien of the current year's taxes in full. Easement Mortgage Release Xx] Partial Acquisition of Grantor's Property: Partial release of all Release of Lease monetary liens and encumbrances, ahd leases of any kind. At the discretion of Maricopa County, pay due and delinquent Total Recording Fees 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.ULA. of Purchase. The current year's taxes shail not be prorated Taxes - Prorated regardless of the closing date. O Easement(s): Consent to easement(s) by secured party (ies). Totai Other Charges L] Other Disbursements: Sub Total Title Report Credit Land & Ilmprovements* $10,381.00 Possession date: Severance Damages Close of escrow: TCE Date of recording: Cost to Cure Special Conditions Right of Way Contract Yes KX] Nof] Exhibit B Total Closing Costs Entry Agreement Yes] No Total Purchase Price Addendum attached hereto and made a Yes] No TOTAL WARRANT** $10,381.00 part hereof *Escrow and title policy fees based on this amount only. .*Sum of Total 5 1 76 1 1 4 487 2630 136 36 96.176636 Closing 5 1 76 1 1 5 636 2631 120 27 96.361458 Costs and Total 5 1 76 1 1 8 961 2631 164 29 96.511543 Purchase 5 1 76 1 1 9 1138 2633 104 27 96.342339 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: T7525 - Peak View Rd (58th St. to 60th St.) PCN: _1TT525 Assessor Parcel No.: 211-44-109B litem No D22711 Right of Way Agent: Kathy Pettigrew Telephone # 602-506-4883 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'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. Caled Ga eeeS stnraree RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF \ uk VGae~ OF TRANSPORTATION SUPERVISORS Carl J.Carlson // pew J Pi ae ‘ fom) ; Land Acquisition Branch Manager Chairman of the Board S/iq/a0" ATTEST: . Date Clerk of the Board of Supervisors Accepted Date ESCROW OFFICER ”' 6 County Attorney Date Date jr GSI/CS Revised 10/6/2009 EXHIBIT B | RIGHT OF WAY AGREEMENT Parcel No.: 211-44-109B Project No.: TT525 — Peak View Road (58" St. to 60" St.) Item No.: D22771 (kp) 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 Three Hundred Eleven Dollars and 00/100 ($3,311.00), as_, payment full for the property described herein. C. To pay the Grantors the sum of Seven Thousaud Seventy Dollars and 00/100, ($7,070.00), as payment in full for the improvements located on the property described herein. Large Cholla, (1): = $400.00 Large Red Yucca (6 @ $60.00/each): = $360.00 Large Bunny Ears plant (8 @ $200.00/each): = $ 800.00 Large Shrubs (2 @ $80.00/each): = $160.00 20” tall Mesquite (1): =$4,500.00 Crane Costs: = $200.00 Replanting Costs: = $ 650.00 Improvement Total =$7,070.00 D. 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 to the Grantor except as may expense be herein otherwise agreed. E. That no costs relating to construction of roadway improvements on Project No. TT525 Peak View Rd. (5 8" St. to 60" St.) 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 Three Hundred Eleven Dollars and 00/100 ($3,311.00), as payment full for the property described herein. 3. To accept the sum of Seven Thousand Seventy Dollars and 00/100, ($7,070.00), as payment in full for the improvements located on the property described herein. Large Cholla, (1): = $400.00 Large Red Yucca (6 @ $60.00/each): = $360.00 Large Bunny Ears plant (8 @ $200.00/each): = $800.00 Large Shrubs (2 @ $80.00/each): = $ 160.00 20’ tall Mesquite (1): =$4,500.00 Crane Costs: = $200.00 Replanting Costs: = $ 650.00 Improvement Total =$7,070.00 4. 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. 5. That, upon the Grantor's signing of the Warranty Deed, the County and/or its shall have immediate use of agents the operty described herein. pr yr ch = GRANTOR DATE 2 GRANTOR DATE EXHIBIT “B” Parcel No. 211-44-109B Project No. TT410 PEAK VIEW ROAD 58th Street to 60th Street ITEM No. D22771 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of a property located in the Southwest quarter (SW4) of the Southwest quarter (SW4) of the Southwest quarter (SW4) of the Northeast (NE4) of the Section 28 — T5N, R4E of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion are more particularly described as follows: BEGINNING at the Southwest corner of Northeast quarter of said Section 28 (Center of Section 28), from which the North quarter corner of Section 28 bears North 00°08'47" East, a distance of 2643.12 feet and from which the East quarter corner of said Section 28 bears North 89°52'371" East, a distance of 2646.10 feet; thence along the South line of said Northeast quarter, North 89°52'31" East a distance of 33.00 feet; thence leaving said South line, North 00°08'47" East a distance of 33.00 feet to a point on the North line of the South 33.00 feet of said Northeast quarter and also the POINT OF BEGINNING; thence along said North line, North 89°52'31" East a distance of 136.06 feet to the beginning of a non-tangent curve, the center of which bears South 12°09'46" West, a distance of 525.00 feet; thence westerly along the arc of said curve, through a central angle of 12°18'50", for an arc distance of 112.83 feet; thence South 89°50'56" West, a distance of 12.46 feet to the beginning of a tangent curve to the right with a radius of 20.00 feet; thence westerly along the arc of said curve, through a central angle of 35°15'41", for an arc distance of 12.31 feet to the East line of the West 33.00 feet of said Northeast quarter; thence along the said East line, South 00°08'47" West a distance of 15.68 feet to the POINT OF BEGINNING. The above described parcel contains 1,204 square feet or 0.0276 acres, more or less. Page 1 of 1 KENNETH W. GREEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 4/29/2014 | Chk: | Appr: Rev: 12/02/14; 06/24/15 Maricopa County Public Works - Real Estate Division EXPIRES 12/34/2017 4P aol GRANTOR_() DATE “9 EXHIBIT “A”