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Maricopa County Department of Transportation Dedication Purchase Agreement and Escrow Instructions Tide Company Address City, State, Zip Escrow Officer Escrow No, Grantor: Contact: Mailing Address: City, State, Zip Landmark Title Assurance Agency of Arizona LLC 2555 East Camelback Road, Suite 275 Phoenix, Arizona 85016 Vicki Etherton 06183832-128-V60 Lavigna Investments Corporation, an Arizona Corporation Cameron MacDonald 1223 South Clearview Avenue #103 Mesa, Arizona 85209 Date 01/15/20 Phone 602-748-2800 Fax 602-748-2710 Email vickietherton taz.com Phone: 480-222-5800 Cell: 480-720-4030 Email: cmacdonald@cb-ch.com Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: I Maricopa County 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 0 Total Acquisition of Grantor's Property: Full release of all Tide 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 0.00 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 I I Mortgage Release El 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. I I 0 Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges I D Other Disbursements: I Sub Total 0.00 Tide Report Credit Land & Improvements* $10.00 Possession date: Upon Signature Severance Damages Close of escrow: TCE Date of recording: Cost to Cure Special Conditions Right of Way Contract Yes i4 No • Exhibit "B" Total Closing Costs*** 0.00 Entry Agreement Yes 0 No EI Total Purchase Price $10.00 Addendum attached hereto and made a Yes 0 No El TOTAL WARRANT** $10.00 part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Purchase Price" only. ***All Closing Costs to be paid by Seller. Project: Glencove Avenue PCN: TT0008 Assessor Parcel No.: 218-06-140F Item No DD10872 Right of Way Agent: Sandy Ojeda, R/W-RAC Telephone # (602)506-5248 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 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. The property owner 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. The property owner/applicant is responsible for all title and escrow cancellation fees if the closing/recording process is not completed. If this transaction is not handled through a title company, the conveyance will be delivered directly to IvIARICOPA 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. lithe 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 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 MAIUCOPA 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. GRANTOR: Lavigna Investments Corporation, an Arizona Corporation RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Lto• D dtAet ------ By: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF Its: TCQ..0.Zrx.:Cc.s— OF TRANSPORTATION SUPERVISORS By: 1 WO 0 C,00t il\iitr Its: i Real Property Manager Chairman of the Board ATTEST: Date Approved as to form within the powers and authority of the Board of Supervisors Clerk of the Board of Supervisors Accepted Date ESCROW OFFICER e.3tN) a 1 I° WaRtit r Deputy County Attorney Date Date KGR Revised 4/11/2018 2 DocuSign Envelope ID: 04E4A3CE-1ABF-42D9-BAB7-28AB018E6A39 The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the ..Exiiihit(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 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, The property owner will pay the costs of the owner's tide 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, islaricopa 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, The property owner/applicant is responsible for all title and escrow cancellation fees if the closing/recording process is not completed. 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 front the part being acquired and the chnstniction of the improvements in the manner proposed by IvIARICOPA COUNTY. If IvIARICOPA COUNTY is acquiring only a portion of Grantor's property, then Grantor grants to MARICOPA COUNTY, its agents, employees arid 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. MAIUCOPA COUNTY shall be responsible to the extent that damage occurs out of tsIARICOPA COUNTY's occupation of the Grantor's property caused by MARICOPA GOUNTY's negligence, or by the negligent acts or conduct Quits agents, employees, or contractors during the term of MAItICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of /1118 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 GRANTOR: Lavigne Investments Corporation, an Arizona Corporation RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: 4.4," Y. MARICOPA COUNTY DEPARTMENT IvIARICOPA COUNTY BOARD OF Its: Cxar,),,Z.r.x-c,as— OF TRANSPORTATION SUPERVISORS ,---DeeuS4finet1-19yi Kin4,444, 1,714,e,r,o : Its: amtc.-orrzooe to Real Property Manager Chairman of the Board 5/12/2020 ATTEST: Date Approved as to form within the powers and authority of the Board o f Supervisors Clerk of the Board of Supervisors Accepted Date ESCROW OFFICER Y Y• i iye.4,34,4, 5/12/2020 9130782D3F4C Deputy County Attorney Date Date KGR Revised 4/11/2018 2 Exhibit "B" RIGHT OF WAY AGREEMENT Parcel No.: 218-06-140F Project No.: T10008 Glencove Avenue Item No.: DD10872 (SO) 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 contract. THE COUNTY OF MARICOPA AGREES: A. To use the real property described in Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantor the sum TEN and no/100 dollars ($10.00) as payment in full for the property described herein. C. 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 County. THE GRANTOR AGREES: 1. To grant a Warranty Deed for the teal 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 TEN and no/100 dollars ($10.00) as payment in full for the property described herein. 3. That acceptance of this property in no way obligates Maricopa County to construct or maintain a roadway within the Right of Way granted by this document. 4. To be responsible for maintenance of the dedicated right of way until such time if and when a roadway is built, to minimum county standards, and the roadway is open and declared into the Maricopa County Transportation System. 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" above. 3 EXHIBIT "A" LEGAL DESCRIPTION 25' RIGHT OF WAY THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 7 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 9, A DISTANCE OF 495.00 FEET TO A FOUND BRASS CAP IN HAND HOLE AT THE INTERSECTION OF GLENCOVE AVENUE; THENCE SOUTH 89 DEGREES 57 MINUTES 37 SECONDS WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 55.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 55,00 FEET OF SAID SOUTHEAST QUARTER, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 25.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 25.00 FEET OF THE SOUTH 495,00 FEET OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 57 MINUTES 37 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 399.98 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 37 SECONDS EAST, ALONG THE NORTH LINE OF THE SOUTH 495.00 FEET OF SAID SOUTHEAST QUARTER AND THE MONUMENT LINE OF SAID GLENCOVE AVENUE, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING, S 89° 57' 37" W. 55.00 ELL SWORTH ROAD tn II) 1 ic4 tu N .T.S. LEGAL EXHIBITWP.2 GLENCOVE R/W DEDICATION E1/4 COR, SEC. 9 FND BRASS CAP IN HAND HOLE '45 0 0 U) 01') co z S 89° 57' 37" 173.96(M) S 89° 59' 12" 25' RIGHT OF WAY TO BE DEDICATED APN 218-06-140E N 00° 00' 00" 1....-12.32(RaM) S 89° 57' 37" W(R) S 89° 59' 12" GLENCOVE l ap b. P0B ho I 40" I° I R/W. —11 11 8!(°::. Ioi 0 , 01 S 90° 00' 00" W 55.00 "r • N 89' 57' 37" E 400.00(M) N 89' 59' 12" E(R) Wffr/ff' LLI 0 65' R/W PER SURVEY BOOK 639 OF MAPS, PG 28 15' EASEMENT AND AGREEMENT FOR HIGHWAY PUPOSES DOC. 1986-0027281v NCR - 455.00 -- 51/1 COR. SEC. 9 BROWN ROAD SE COR. SEC. 9 FND ALUM CAP FND BRASS CAP IN HAND HOLE A PORTION OF THE ,SE1/4 SEC. 9. T1N, R7E