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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date Sept. 5, 2015 Address 3200 E. Camelback Road, Suite 210 Phone 602.280.7503 City Phoenix, AZ 85018 Fax 1-866-488-1907 Escrow Officer Mark Osborn Escrow No. 29400-14-80886 Grantor: Wayne and Carolyn Hess, husband and wife Phone: 605-499-8624 Address: 12199-14A Phone: City Sturgis, S.D. 57785 Email: Wayne.hess@hotmail 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 O 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 [g] 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. O Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges O Other Disbursements: Sub Total Title Report Credit Land & Improvements* $2,200.00 Possession date: Severance Damages Close of escrow: TCE Date of recording: Cost to Cure Special Conditions Right of Way Contract Yes El No 0 Exhibit "B" Total Closing Costs Entry Agreement — paid outside escrow Yes IS1 No 0 Total Purchase Price $2,200.00 Addendum attached hereto and made a YesO No 1S1 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: 168th Avenue (Dixileta Drive to Windstone Trail) PCN: TT433 Assessor Parcel No.: 503-51-221D Item No D23224 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. GRANTOR: Wayne Hess & Carolyn RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Hess, hijisband and wife. MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS fritv 21. Land Acquisition Acquisition Branch Manager Chairman of the Board ic2 I Di S ATTEST: Date Approy_ d asp/form within the powei's nd,EILIthority of/thp-igoard of Clerk of the Board of Supervisors Superv)(3-4/ / Accepted _ Date ESCROW OFFICER 4uty County Attorney Date Date GS/CS Revised 10/9/2014 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 503-51-221D Project No . : TT433 — 168th Avenue (Dixileta Drive to Windstone Trail) Item No.: D23224 (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 1VIA_RICOPA 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 Eight Hundred and 00/100 Dollars ($800.00 rounded) as payment in full for the property described herein. C. To pay the Grantors the sum of Nine Hundred and 00/100 Dollars ($900.00) as payment in full for the improvements (3 bushes, 2 trees and rock ground cover) located on the property described herein. D. To pay the Grantors the sum of Five Hundred and 00/100 Dollars ($500.00) as payment in full to relocate the cactus located on the property described herein. E. 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. F. That no costs relating to construction of roadway improvements on Project No. TT433 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 Eight Hundred and 00/100 Dollars ($800.00 rounded) as payment in full for the property described herein 3. To accept the sum of Nine Hundred and 00/100 Dollars ($900.00) as payment in full for the improvements (3 bushes, 2 trees and rock ground cover) located on the property described herein. 4. To accept the sum of Five Hundred and 00/100 Dollars ($500.00) as payment in full to relocate the cactus located on the property described herein, prior to construction. 5. 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, D & E" above. 6. 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. Parcel No. 503-51-221D Project No. TT433 168th AVENUE Dixileta Drive to Windstone Trail Item No. D23224 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of the West half of the Southeast quarter of the Southwest quarter of Section 24, Township 5 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at Southeast corner of the West half of the Southeast quarter of the Southwest quarter of said Section 24; thence along the East line of the said West half of the Southeast quarter of the Southwest quarter, North 00°15'24" East a distance of 674.53 feet to the POINT OF BEGINNING; thence continuing, North 00 01524" East a distance of 149.98 feet; thence leaving said East line, North 89°29'13" West a distance of 6.00 feet to a point on a parallel line with said East line; thence along said parallel line, South 00 01524" West a distance of 149.98 feet; thence leaving said parallel line, South 89°29'13" East a distance of 6.00 feet to the POINT OF BEGINNING. The above described parcel contains 900 square feet or 0.0207 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: jb 03/02/15 I Chk: 1 Appr: Rev: Maricopa County Public Works - Real gsAtepivi/ion EXPIRES 12 / 31 /2017 GRANTOR ki or DATE EXHIBIT "A"