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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. Grantor: Alan & Joann Laneville Phone: 602-757-3014 Address: 28917 N. 58" 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 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 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 aif 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 Morigage Release it 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. O Easement(s): Consent to easement(s) by secured paity (ies). Total Other Charges C1 Other Disbursements: Sub Total Title Report Credit Land 21,634.00 Possession date: Improvements 9,750.00 Close of escrow: TCE Date of recording: Cost to Cure Special Conditions Right of Way Contract Yes] Nol] Exhibit B Total Closing Costs Entry Agreement Yes] No Total Purchase Price 31,384.00 Addendum attached hereto and made a YesLX] Nok TOTAL WARRANT** part hereof “Escrow and title policy fees based on this amount only. “Sum of Total 5 1 75 1 2 4 504 2603 134 36 94.849846 Closing 5 1 75 1 2 5 651 2603 118 28 95.523689 Costs and Total 5 1 75 1 2 8 979 2604 164 27 96.155571 Purchase 5 1 75 1 2 9 1156 2604 104 29 96.416702 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: _TT525 Assessor Parcel No.: 211-44-200 E/F Item No _D22769 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: Alan Lanevile and Joann Laneville, Trustees of the Laneville Family RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS bon Ht. bar Land Acquisition Branch Manager Chairman of the Board 3faataoiy ATTEST: Date Ap proved to for the aun opie Board pi Clerk of the Board of Supervisors Accepted Date sleyfy b— ESCROW OFFICER . puty County Attorney Date Date GS/CS Revised 10/9/2014 EXHIBIT B RIGHT OF WAY AGREEMENT Parcel No.: 211-44-200E/F Project No.: TT525 — Peak View Rd (58th St to 60th St) Item No.: D22769 (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 Twenty One Thousand Six Hundred Thirty Four and 00/100 Dollars ($21,634.00 rounded) as payment in full for the property described herein. . To pay the Grantor the sum of Nine Thousand Seven Hundred Fifty and 00/100 Dollars ($9,750.00) as payment in full for replacement and associated installation costs of 1 20’ Palo Verde Tree, 1 20’ Ironwood Tree and 1 Large Desert Broom 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 Twenty One Thousand Six Hundred Thirty Four and 00/100 Dollars ($21,634.00 rounded) as payment in full for the property described herein To accept the Nine Thousand Seven Hundred Fifty and 00/100 Dollars ($9,750.00) as payment in full for replacement and associated installation costs of 1 20’ Palo Verde Tree, 1 20’ Ironwood Tree and | Large Desert Broom 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 14 1 1 7 949 2554 32 32 92.932426 & 5 1 14 1 1 8 994 2554 49 32 92.415520 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. GRANTORAL DATE Vis//o GRANTO DATE 2457 EXHIBIT “B” Parcel No. 211-44-200E, 200F Project No. TT410 PEAK VIEW ROAD 58th Street to 60th Street ITEM No. D22769 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of a property located in the West half (VWW2) of the Northwest quarter (NVWV4) 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 Northwest corner of the said W2 of the NW4 of the NE4 of the SW4 of Section 28, from which the West quarter corner of said Section 28 bears South 89°50’56” West, a distance of 1321.70 feet and from which the Center of said Section 28, bears North 89°50’56” East a distance of 1321.70 feet; thence along the North line of said SW4, North 89°50'56" East a distance of 252.18 feet; thence leaving the said North line, South 83°56'29" West a distance of 223.46 feet to the beginning of a non-tangent curve, the center of which bears North 89°51'35" West, a distance of 1025.00 feet; thence southerly, along the arc of said curve, through a central angle of 05°57'52", for an arc distance of 106.70 feet; thence South 06°06'17" West, a distance of 10.00 feet to the beginning of a tangent curve to the left with a radius of 1175.00 feet; thence southerly, along the arc of said curve, through a central angle of 06°06'42", for an arc distance of 125.33 feet; thence South 00°00'25" East, a distance of 9.94 feet; thence South 90°00'00" West, a distance of 16.87 feet to the West line of said W2 of the NW4 of the NE4 of the SW4; thence along said West line, North 00°05'33" East a distance of 274.40 feet to the POINT OF BEGINNING. The above described parcel contains 9,014 square feet or 0.2069 acres, more or less. Page | of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: jb 05/05/2014 | Chk: | Appr: Rev: jb 11/12/14 Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2014 Grantor’ Z Ys APATE EXHIBIT “A”