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Maricopa County — Formal (2016-05-18)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company North American Title Company Date 5/03/2016
Address 3200 E. Camelback Rd., Ste. 210 Phone 602.280.7503
City Phoenix, AZ 85018 Fax 866.488.1907
Escrow Officer Mark Osborn Mosborn@nat.com
Escrow No. 29400-12-17396
Grantor: Deer Valley Service Center I, LLC & Luke Land 80, LLC do David Lewis Phone: 602.995.7575
Address: 320W. Lone Cactus Dr., Ste. 12 david@lukelandrealty.com Phone: 602.524.1936 cell
City Phoenix, AZ 85027 mark@lukelandrealty.com Fax: 602.995.0985
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: Real 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 111 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: shall withhold the prorated amounts from each party and pay
Deed the lien of the current year's taxes in full.
Easement
Mortgage Release E Partial Acquisition of Grantor's Property: Partial release of all
Release of Lease monetary liens and encumbrances, and 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.U.A. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
1E1 Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
111 Other Disbursements:
Sub Total
Title Report Credit
Land * 7,865.00 Possession date:
Drainage Easement 27,165.00 Close of escrow:
TCE 1,870.00 Date of recording:
Land - Driveway 10.00
Improvement Deduction ($23,547.00) Special Conditions Right of Way Contract Yes [E] No 111
Exhibit "B"
Total Closing Costs Entry Agreement Yes 111 No E
Total Purchase Price $13,363.00 Addendum attached hereto and made a Yes 111 No El
TOTAL WARRANT** part hereof
*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: El Mirage Road (Northern Ave. to Peoria Ave.) PCN: TT367
Assessor Parcel No.: 501-45-015M Item No D22730A & D23375
Right of Way Agent: Gayle Leonard Telephone # 602.506.8684

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 - 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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Deer Valley Service Center I, LL911)uke MARICOPA COUNTY DEPARTMENT
Land LC
OF TRANSPORTATION SUPERVISORS
Real Property Branch Manager Chairman of the Board
Title
511-- /01‘ ATTEST:
Date
Approvevi as t 'form withTh the
powers,and uthority of tyie §oard of Clerk of the Board of Supervisors
Superviso
Accepted Date
ESCROW OFFICER
puty County Attorney Date Date
GS/CS Revised 10/6/2009

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 501-45-015M
Project No.: TT367 El Mirage Road
(Northern Ave. to Peoria Ave.)
Item No.: D2273 OA (GL)
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 Seven Thousand Eight Hundred Sixty-five and 00/100 Dollars ($7,865.00) as
payment in full for the property described herein.
C. To Pay the Grantors the sum of Ten Dollars ($10.00) as payment in full for the driveway property described here
in.
D. To pay the Grantors the sum of Twenty-Seven Thousand One Hundred Sixty-Five and 00/100 Dollars
($27,165.00) as payment in full for the Drainage Easement located on the property described herein.
E. To pay the Grantors the sum of One Thousand Eight Hundred Seventy and 00/100 Dollars ($1,870.00) as
payment in full for the Temporary Construction Easement located on the property described herein including
remainder property for installing driveway.
F. To construct improvements totaling Twenty Three Thousand Five Hundred Forty-Seven and 00/1000 Dollars
($23,547.00) in lieu of monetary compensation. Construction costs for improvements requested by owner as
follows: Concrete Driveway $13,247, AC Driveway Connection $500, 4" Sanitary Sewer Stub $1,500, 2"
Water Service Tap and Meter box (no meter) $1,500, 6" Fire Line Service Tap $6,750.
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. TI'367 will be charged to the
Grantor other than agreed upon driveway and utility stub outs.
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 Seven Thousand Eight Hundred Sixty-Five and 00/100 Dollars ($7,865.00) as payment
in full for the property described herein.
3. To accept the sum of Ten Dollars ($10.00), as payment in full for the driveway property described here in.
4. To accept the sum of Twenty-Seven Thousand One Hundred Sixty-five and 00/100 Dollars ($27,165.00) as
payment in full for the Drainage Easement located on the property described herein.
5. To accept the sum of One Thousand Eight Hundred Seventy and 00/100 Dollars ($1,870.00) as payment in
full for the Temporary Construction Easement located on the property described herein including remainder
property for installing driveway.
6. To accept the deduction from owner proceeds in the amount of Twenty Three Thousand Five Hundred Forty-
Seven and 00/1000 Dollars ($23,547.00) for construction costs for improvements requested by owner as
follows: Concrete Driveway $13,247, AC Driveway Connection $500, 4" Sanitary Sewer Stub $1,500, 2"
Water Service Tap and Meter box (no meter) $1,500, 6" Fire Line Service Tap $6,750.
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 "E" above.
8. That, upon the Grantor's signing of the Warranty Dee, tlici County and/or its agents shall have immediate use of
the property described herein.
GRANTOR DATE
EXHIBIT "B"

Parcel No. 501-45-015M
Froject.No. TT3 6 7
EL MIRAGE ROAD - NORTHERN AVENUE TO PEORIA AVENUE
Hem No. D22730
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE RIGHT OF WAY
A portion of that property described in Document number 200.8-0435443 as recorded in Maricopa,
County Recorder's Office, Marieopa County, Arizona being part of the Southwest quarter of Section
25, Township 3 North, Range 1 West, Gila and Salt River Meridian, Marieopa County, Arizona, being
more particularly described as follows: •
COMMENCING at the Southwest _comer of said Section 25 from which the West quarter corner
bears North 00°00'52" West a distance of2634.97 feet; THENCE along the West line of said Section
25 North 00 00052" West, a distance of 909:66 feet; THENCE leaving said West line North 89 °55'08'
East a distance of 33.00 feet to the POINT OF BEGINNING; THENCE South 0 900'52" East, a
distance of 109.96 feet; THENCE South 89°2158" East, a distance o122.00 feet; 'THENCE North
0°00152" West, a distance of 109.96 feet; THENCE North 89°2127" West, a distance of 22.00 feet to
the POINT OF BEGINNING,
The above described parcel contains 2,419 square feet or 0.0555 acres, more or less.
Ppge I of I
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 9-04-2012 Chk: Appr:
Rev: •-14-2016
Maricopa Comity Public Works Real Estate

Parcel No. 501-45-015M
Project No. TT367
EL MIRAGE OAD - NO THERN AVENUE TO PE RIA AVENUE
Item No. 0227304
EXHI lilT "A"
LEGAL DESCRIPTION FO TEMP I RARY CONST UCTION EASEMENT
Two parcels lying within a portion of that property described in Document number 2008-0435443 as
recorded in Maricopa County Recorder's Office, Maricopa County, Arizona being part of the
Southwest quarter of Section 25, Township 3 North, Range 1 West, Gila and Salt River Meridian,
Maricopa County, Arizona, being more particularly described as follows:
Parcel One:
COMMENCING at the Southwest corner of said Section 25 from which the West quarter corner
bears North 00°00'52" West a distance of 2634.97 feet; thence along the West line of said Section 25,
North 00°00'52" West, a distance of 354.39 feet; thence leaving said West line North 89°59'08" East
to a point on the East line of the West 55.00 feet of said Southwest quarter, a distance of 55.00 feet to
the POINT OF BEGINNING; thence along said East line, North 00 000 152" West, a distance of
223.33 feet; thence North 45 053 140" East, a distance of 20.19 feet; thence South 00 000'52" East to a
point on the South line of that property as described in said Document number 2008-0435443, a
distance of 237.54 feet; thence North 89°21'58" West along said South line, a distance of 14.50 feet to
the POINT SF IEGINNING. Containing 3,342 square feet or 0.0767 acres, more or less.
Parcel Two:
COMMENCING at the Southwest corner of said Section 25 from which the West quarter corner
bears North 00°00'52" West a distance of 2634.97 feet; thence along the West line of said Section 25,
North 00°00'52" West, a distance of 909.66 feet; thence leaving said West line North 89°45'06" East
to a point on the East line of the West 55.00 feet of said Southwest quarter, a distance of 55.00 feet to
the POINT OF BEGINNING; thence from said point South 89°21'27" East, and along the North line
of that property as described in said Document number 2008-0435443, a distance of 10.00 feet;
Page 1 of 2

Parcel No. 501-45-015M
Project No. TT367
EL MIRAGE OAD - NO I THERN AVENUE TO PEORIA AVENUE
Item No. D227304
EXHIBIT "A"
LEGAL DESCRIPTION FO TEMPORARY CONSTRUCTION EASEMENT
thence South 00°00'52" East, a distance of 39.89 feet; thence North 89°59'08" East, a distance of 47.00
feet; thence South 00°00'52" East, a distance of 16.68 feet; thence South 89°59'08" West to a point on
the East line of said West 55.00 feet, a distance of 57.00 feet; thence along said East line, North
00°00'52" West, a distance of 56.68 feet to the POINT OF BEGINNING. Containing 1,350 square
feet or 0.0310 acres, more or less.
The above described parcels combined contain 4,692 square feet or 0.1077 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 9-04-2012 chk:41-v6---zzyg Appr:
Rev: 1-30-2015; 4-29-2015; 1-08-2016; 2-08-2016; 4-25-2016
Maricopa County Public Works — Real Estate Division EXPIRES 12 / 31 /2017
EXHIBIT "A"
Page 2 of 2

Parcel No. 501-45-015M
Project No. TT367
EL MIRAGE ROAD - NORTHERN AVENUE TO PEORIA AVENUE
Item No. D22730-2
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A portion of that property described in Document number 2008-0435443 as recorded in Maricopa
County Recorder's Office, Maricopa County, Arizona being part of the Southwest quarter of Section
25, Township 3 North, Range I West, Gira and Salt River Meridian, Maricopa County, Arizona, being
more particularly described as follows:
COMMENCING at the Southwest corner of said Section 25 from which the West quarter corner
bears North 00°00'52" West a distance of 2634.97 feet; thence along the West line of said Section 25
North 00°00'52" West, a distance of 674.70 feet; thence leaving said West line North 89°59'08" East
to a point on the East line of the West 55.00 feet of said Southwest quarter, a distance of 55.00 feet to
the POINT OF BEGINNING; thence along the East line of said West 55.00 feet, North 00°00'52"
West, a distance of 178.03 feet; thence North 89°59'08" East, a distance of 57.00 feet; thence South
00°00'52" East, a distance of 195.50 feet; thence South 89°5908" West, a distance of 40.07 feet;
thence North 44°06'20" West, to a point on the East line of said West 55.00 feet, a distance of 24.33
feet to the POINT OF BEGINNING.
The above described parcel contains 10,996 square feet or 0.2524 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 9-04-2012
Rev: 1-30-2015; 4-29-2015; 1-08-2016; 2-08-2016; 4-25-2016
Maricopa County Public Works —Real Estate Diyisio,p EXPIRES 12 / 31 /2017
EXHIBIT "A"
Page 1 of 1

Parcel No. 501-45-015M
Project No. TT367
EL MIRAGE ROAD - NORTHERN AVENUE TO PEORIA AVENUE
Item No. D23375
EXHIBIT "A"
LEGAL DESCRIPTION FOR FEE I GHT OF WAY
A portion of that property described in Document number 2008-0435443 as recorded in Maricopa
County Recorder's Office, Maricopa County, Arizona being part of the Southwest quarter of Section
25, Township 3 North, Range 1 West, Gila and Salt River Meridian, Maricopa County, Arizona, being
more particularly described as follows:
COMMENCING at the Southwest corner of said Section 25 from which the West quarter corner
bears North 00°00'52" West a distance of 2634.97 feet; thence along the West line of said Section 25
North 00°00'52" West, a distance of 674.70 feet; thence leaving said West line North 89°59'08" East a
distance of 55.00 feet to the POINT OF BEGINNING; thence South 0°00'52" East, a distance of
96.97 feet; thence North 45°53'40" East, a distance of 27.85 feet; North 00°00'52" West a distance of
56.95 feet; thence North 44°06'20" West, a distance of 28.74 feet to the POINT OF BEGINNING.
The above described parcel contains 1,539 square feet or 0.0353 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 4-25-2016 Chk1-76•14:4 Appr:
Rev:
Maricopa County Public Works Real Estate 15Nision
GRANTOR
Page 1 of 1