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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company _ Empire West Title Agency Date March 3, 2016 Address 4808 N. 22™ Street, Suite 100 Phone 602-749-7000 City Phoenix, AZ 85016 Fax 602-674-0864 Escrow Officer _ Sharon Dyke Escrow No. Mark L. Wendel and Nancy B. Wendel, Trustees of the Mark L. Wendel and Grantor: Nancy B. Wendel Revocable Living Trust, dated February 22, 2004 Phone: _ 602-770-2351 Address: 28848 N. 60th Street Phone: City Cave Creek, AZ 85331 Email: 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 s funds as Grantor 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 L] 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 XX 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.ULA. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated ‘ regardless of the closing date. ] Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges LC] Other Disbursements: Sub Total Title Report Credit Land 12,675.00 Possession date: improvements 18,380.00 Close of escrow: TCE Date of recording: Cost to Cure 624.00 Special Conditions Right of Way Contract YesK] Nol] Exhibit B Total Closing Costs Entry Agreement Yes] No Total Purchase Price 31,679.00 Addendum attached hereto and made a YesL] Nok TOTAL WARRANT** part hereof *Escrow and title policy fees based on this amount only. *Sum of Total 5 1 72 1 2 4 499 2652 134 36 96.060402 Closing 5 1 72 1 2 5 648 2652 117 29 96.544380 Costs and Total 5 1 72 1 2 8 973 2652 167 29 96.236305 Purchase 5 1 72 1 2 9 1153 2652 106 29 89.501205 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: Peak View Road (58" St to 60" St) PCN: 1TT525 Assessor Parcel No.: 211-44-202 Item No D22770 Right of Way Agent: Steven Warburton Telephone # 602.506.4746 ‘ 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. GRANTOR: Mark L. Wendel and Nancy B. Wendel, Trustees of the Mark L. Wendel RECOMMENDED FOR APPROVAL: . ACCEPTED AND APPROVED: . and Nancy B. Wendel Revocable Living Trust, dated February 22, 2004 MARICOPA COUNTY MARICOPA COUNTY BOARD OF DEPARTMENT OF TRANSPORTATION SUPERVISORS bape Sur Land Acquisition Branch Manager Chairman of the Board 4/8 [ot ATTEST: Date Clerk of the Board of Supervisors Accepted ESCROW OFFICER “ ~ 5 pty County Attorney Date Date GS/CS Revised 10/9/2014 LU” EXHIBIT B RIGHT OF WAY AGREEMENT Parcel No.: 211-44-202 Project No.: TT525 — Peak View Rd (58th St to 60th St) Item No.: D22770 (sw) 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: . To use the real property described in Exhibit A for the general welfare and benefit of the public. . To pay the Grantor the sum of Twelve Thousand Six Hundred Seventy Five and 00/100 Dollars ($12,675.00 rounded) as payment in full for the property described herein. . To pay the Grantor the sum of Nineteen Thousand Four and 00/100 Dollars ($19,004.00) as payment in full for replacement and associated installation costs of 8 Large Cholla, 2 m/l Agave Plants, 2 Medium Prickly Pears, 4 Large Bunny Ear Plants, 11 m/l Sage Shrubs, 1 15’ Tall Palo Verde Tree, 1 20° Tall Palo Verde Tree, 4 2-3’ Tall Saguaro or Cardon, 1 5’ Tall Saguaro or Cardon and cost-to-cure for fencing located on the property described herein. . 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. . That no costs relating to construction of roadway improvements on Project No. TT525 will be charged to the Grantor. THE GRANTORS AGREE: 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. To accept the sum of Twelve Thousand Six Hundred Seventy Five and 00/100 Dollars ($12,675.00 rounded) as payment in full for the property described herein To accept the Nineteen Thousand Four and 00/100 Dollars ($19,004.00) as payment in full for replacement and associated installation costs of 8 Large Cholla, 2 m/l Agave Plants, 2 Medium Prickly Pears, 4 Large Bunny Ear Plants, 11 m/l Sage Shrubs, 1 15’ Tall Palo Verde Tree, 1 20’ Tall Palo Verde Tree, 4 2-3’ Tall Saguaro or Cardon, 1 5’ Tall Saguaro or Cardon and cost-to-cure for fencing located 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 5 1 10 1 1 7 945 2655 33 32 91.141396 & 5 1 10 1 1 8 992 2655 48 32 92.966850 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. GRANTOR ZyPATE 4/i(1¢ GRANTOR NV pare 4/1/16 EXHIBIT “B” Parcel No. 211-44-202 Project No. TT410 PEAK VIEW ROAD 58th Street to 60th Street ITEM No. D22770 EXHIBIT “A” LEGAL DESCRIPTION A portion of a property located in the North half (N2) of the Northeast (NE4) of the Northeast quarter (NE4) of the Northeast quarter (NE4) of the Southwest quarter (SW4) of 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 Northeast corner of the Southwest quarter of said 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 West quarter corner of said Section 28 bears South 89°50’56” West, a distance of 2643.40 feet; thence along the North line of said Southwest quarter, South 89°50'56" West a distance of 228.50 feet; thence leaving the said North line, South 87°03'39" East a distance of 204.04 feet; thence South 01°28'02" East, a distance of 47.81 feet to the beginning of a tangent curve to the left with a radius of 725.00 feet; thence southerly, along the arc of said curve, through a central angle of 06°41'10", for an arc distance of 84.60 feet; thence South 08°09'11" East, a distance of 12.01 feet to the beginning of a tangent curve to the right with a radius of 525.00 feet; thence southerly, along the arc of said curve, through a central angle of 01°07'09", for an arc distance of 10.26 feet to the beginning of a non-tangent line; thence North 89°51'00" East, a distance of 13.17 feet to the East line of said Southwest quarter; thence along the East line of said Southwest quarter, North 00°03'43" East a distance of 165.14 feet to the POINT OF BEGINNING. The above described parcel contains 4,609 square feet or 0.1058 acres, more or less. Page | of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: jb 4/30/2014 | Chk: | Appr: Rev: Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2014 GRANTORZy pl DATE “Z fof a EXHIBIT “A”