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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date April 28,2020 Address 4722 N 24th Street, Ste. 200 Phone 602-230-6297 City Phoenix, AZ 85016 Fax Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15180244-015 Grantor: Charles D. Cunningham and Marilyne S. Cunningham, Husband and Wife Phone: 623-465-0624 Contact Phone: 480-388-2482 Mailing Address: 37922 N 20th Street Email: mrclockand key@gmail.com City, State Zip Phoenix, AZ 85286 Fax: 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: Charges and Disbursements to be paid from Grantor's funds as follows (check all that apply): I i Escrow Fees TBD • Total Acquisition of Grantor's Property: Full release of all Title Policy Fees TBD 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 TBD 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 I 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 TBD 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) S.R.V.W.U.A. 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 TBD El Other Disbursements: Sub Total TBD Title Report Credit Land* $8,179.00 Possession date: Temporary Driveway Construction Easements*** (POC) $200.00 Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes 6,1 No D Exhibit "B" Total Closing Costs TBD Entry Agreement Yes 0 No II Total Purchase Price $8,379.00 Addendum attached hereto and made a Yes 0 No CA TOTAL WARRANT** TBD part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. *** Paid outside of closing Project: Assessor Parcel No.: Right of Way Agent: 20th Street (Cloud Road to Tamar Road) 211-20-056X and 211-20-056Y Wayne Jones PCN: 1 1 0583 Item No D23636 Telephone # (602) 506-4747 Page 1 of 3 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) 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 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 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 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 also includes; 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. 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 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: Charles D. Cunningham and RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Marilyne S. Cunningham, Husband and Wife t MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Charles D. Cunningham . Date 44 /3 .41,0,2,0 / i AA e. • . — . . • .14_.... A _ Real Property Manager Chairman of the Board Date 113 0A,0 Marilyne S. Cun I slam s-- X AI I EST: Date Approved as to form within the Security Title Agency powers and authority of the Board of . Supervisors Clerk of the Board of Supervisors Accepted Date ESCROW OFFICER e-O° 5(600 I ° 1j1E74444r Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 211-20-056-X and 211 -20 -056 -Y Project No.: T10583 Project Name: 20th Street Project Termini: (Cloud Road to Tamar Road) Item No.: D23636 (WJ) 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 herein for the general welfare and benefit of the public. B. To pay the Grantors the sum of Eight Thousand One Hundred Seventy-Nine and No/100 Dollars ($8,179.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Two Hundred and No/100 Dollars ($200.00) as payment in full for the two Temporary Driveway Construction Easements on the property described herein. D. 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. E. That no costs relating to construction of roadway improvements on Project No. TT0583 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 Thousand One Hundred Seventy-Nine and No/100 Dollars ($8,179.00) as payment in full for the property described herein. 3. To accept the sum of Two Hundred and No/100 Dollars ($200.00) as payment in full for the two Temporary Driveway Construction Easements on the property described herein. 4. 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 "D" above. Initials Initials Page 3 of 3 Parcel No. 211-20-056X, 056Y Project No. TT0583 20TH STREET (CLOUD ROAD TO TAMAR RD) Item No. D23636 EXHIBIT "A" LEGAL DESCRIPTION .FOR FEE SIMPLE RIGHT OF WAY A parcel of land in the Southwest Quarter of Section Twenty .S even, Township Six North, Range Three East of The Gila and Salt River Ease and Meridian, and being more particularly described as follows: Commencing at the South Quarter corner of said Section 27, being a brass cap in a hamihole, prom which the Southwest corner of said Section 27, a brass cap flash, bears North 89°5807" West, for a distance of 2648.58 feet, and from which the Center of said Section 27, 1" iton pipe, bears North 00007132" East, for a distance of 2638.52 feet; thence along the midsection line Of said Section 27 North 00 007132" East, for a distance of 327.79 feet to the Point of Beginning; thence departing said midsection line North 89°55'26" West, for a distance of 15,00 feet to a point on a 'Elle parallel with and 15.00 feet westerly of said midsection line; thence along said parallel line North 00 007132" East, for a distance (433.0.00 feet; thence departing said pqallel line South 89°55'26" East, for a distance of 15.00 feet to a pointon said midsection 'line; thence along said raidseCtion line South 00°0732" West, for a distance of 330.00 feet to the Point of Beginning. The above deseribed parcel contains 4,950 square feet or 0.1136 acres, more ot less. MARICOPA COUNTY Prelim: 09/01/2019 Chic JA APPr: j2--21-2/111 Rev: . Maricopa County Real Estate Department GRANTOR ATE 5-13 .126.40 MIMI' "A" Page 1 of 1 NOO °071321E 263a521 POB D23636 CHARLES D CUNNINGHAM / MARILYNE S CUNNINGHAM 211-20-056Y MID SEC LN N.T.S. NO. BEARING LENGTH Ll N 00°07'32 E 327.79' L2 N 89°55'26" W 15.00' L3 N 00°07'32" E 330.00' L4 S 89°55'26" E 15.00' L5 S 00°07'32" W 330.00' D23636 CHARLES D CUNNINGHAM / MARILYNE S CUNNINGHAM 211-20-056X Total Req'cl. R/VV Area: 050 square foot or 0.1136 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 ITEM No. D23836 DATE 0910112019 MARICOPA COUNTY RAN AGENT W.J. N.T.S. N89°58'07"W 2648.58' 211-69-145 DWTCE STA 55+70.00 SETH STARKS / NICOLLE STARKS 211-69-002U DWTCE STA 54+41.00 10'X36'} 360.00' 10'X34' 340.00 211-69-002T MID SEC LN Total Req'd. R/W Area: 700 square foot or 0.0161 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 ITEM No. D23644 DATE 09/01/2019 MARICOPA COUNTY RNV AGENT W.J. N.T.S. Total Req'd. R/4/Area: 700 square foot or 0.0161 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT TT0583 20th Street - Cloud Road to Tamar Rd PROJECT No. TT0583 ITEM No. D23644 DATE 09/0112019 MARICOPA COUNTY R/111/ AGENT W.J.