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Page 1 of 11 Maricopa County Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date Address 2415 East Camelback Road, Suite 200 Phone 602-230-6224 City Phoenix, AZ 85016 Fax 602-926-0452 Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15201050-015-JB6-SW Grantor: Michael P Kolb and Sue Kolb, husband and wife Phone: 313-720-1887 Contact Michael P and Sue Kolb Phone: Mailing Address: 42823 N La Plata Road Email suekolb@yahoo.com City, State Zip Cave Creek, AZ 85331 Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or deposit with the Title Company if escrowed, the purchase price plus all lawful costs incidental to closing as follows: Sub- Object Code Charges and Disbursements to be paid from Grantor's funds as follows (check all that apply): Escrow Fees Total Acquisition of Grantor's Property: Full release of all Title Policy Fees monetary liens and encumbrances, and leases of any kind. Title Report Pay in full all due and delinquent real property taxes and Title Report Credit general and special improvement assessments. Prorate the Total Escrow & Title Fees 14 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 Release & Reconveyance the lien of the current year's taxes in full. Release of Lease Partial Acquisition of Grantor's Property: Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent Total Recording Fees 14 property taxes and general and special improvement assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within Release Fees Maricopa County's partial acquisition, and any Certificate(s) Consent Fees of Purchase. The current year's taxes shall not be prorated S.R.V.W.U.A. regardless of the closing date. Taxes -Prorated Easements: Consent to easements by secured parties. Total Other Charges TBD 14 Other Disbursements: Sub Total TBD Slope Easement $ 261.00 11 Drainage Easement $ 544.00 11 TCE $ 798.00 12 Improvements $ 5,126.00 10 Total Purchase Price $ ,729.00 Total Escrow & Title Costs TBD 14 Total Compensation (minus any funds paid outside of escrow) $ ,729.00 TOTAL WARRANT** TBD Project Name: Tonto Hills Low Volume Roads Project Number: TT0609 Assessor Parcel No.: 219-12-057 Item No. D24290 Right of Way Agent: Dante Olono Telephone # 602-506-6792 The GRANTORS and GRANTEE, having executed a conveyance of certain real property rights as described and depicted in the Exhibits “A-1”, “B- 1”, “B-2”, “C-1”, “C-2”, “D-1”, and “D-2”, 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 execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. 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. 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 Department will be furnished a copy of the GRANTORS’ 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 GRANTORS acknowledge receipt of the amount shown on the closing statement as due GRANTORS. 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 any element of 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 GRANTORS 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 GRANTORS as full and complete compensation for the interest being acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration also includes full and complete compensation for all injury or damage to the GRANTORS’ 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. MARICOPA COUNTY agrees to pay and the GRANTORS accepts the payment in full for the property described herein: Improvements located on the property in the amount of Five Thousand One Hundred Twenty- Six and No/100 Dollars ($5,126.00) and broken out as follows in Exhibit “A-1”. Drainage Easement in the amount of Five Hundred Forty-Four and No/100 Dollars ($544.00) described and depicted in Exhibit “B-1” and “B-2”. Slope Easement in the amount of Two Hundred Sixty- One and No/100 Dollars ($261.00) described and depicted in Exhibit “C-1” and “C-2”. Temporary Construction Easement in the amount of Seven Hundred Ninety- Eight and No/100 Dollars ($798.00) described and depicted in Exhibit “D-1” and “D-2”. If in the opinion of the Transportation Director it becomes necessary, MARICOPA COUNTY, or its agents, is hereby granted to enter upon the remaining property for the purpose of private structure relocation in kind to the GRANTORS’ property, clear of the property described herein, and at no expense to the GRANTORS except as may be herein otherwise agreed. With respect to the development/redevelopment of the property prior to construction of project TT0609, GRANTORS will be responsible only for the costs of improvements required by the County or a municipality as part of a regulatory approval related to development/redevelopment of the property. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the GRANTORS’ 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. This Agreement is subject to pursuant to A.R.S. § 38-511. 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 Page 2 of 11 Page 3 of 11 GRANTORS: Michael P. Kolb and Sue Kolb, husband and wife RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Michael P. Kolb (signature) Date Right of Way Supervisor Chairman of the Board of Supervisors Date: _____________________ Date ATTEST: Sue Kolb (signature) Approved as to form within the Date powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Deputy County Attorney Date Date Page 4 of 11 EXHIBIT "A-1" Parcel No. 219-12-057 Item No. D24290 (DO) Site Improvements Within Existing ROW: 14 tons of aggregate base driveway @ $34.99 per ton = $ 489.86 9 tons of decorative rock-decomposed granite @ $86.35 per ton = $ 777.15 Decorative rock-landscape boulders = $1,728.00 Vegetation (cacti, agave, etc.) = $2,400.00 Site improvement total = $5,395.01 x 5% estimated depreciation (-$269.75) = $5,125.26 Site Improvement Total (rounded) = $ 5,126.00