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Land* Total Other Charges Sub Total ($750.00) $200.00 $17,818.00 $ 3,500.00 $ 500.00 Title Report Credit Title Report Update Improvements *Right of Entry (POC) Escrow Fees Title Policy Fees TBD TBD TBD TBD TBD $21,818.00 Yes El No El Yes El No El Addendum attached hereto and made a Entry Agreement Possession date: Close of escrow: Date of recording: Special Conditions Right of Way Contract Exhibit "B" No El Yes El Total Closing Costs Total Purchase Price TOTAL WARRANT** Total Escrow & Title Fees Recording Fees: Deed Easement Mortgage Release Release of Lease Total Recording Fees Other Charges: Release Fees S.R.V.W.U.A. Taxes - Prorated 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: TBD TBD Charges and Disbursements to be paid from Grantor's funds as follows (check all that apply): El Total Acquisition of Grantor's Property: Full release of all 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 current year's real property taxes on closings that occur on or after the 3rd Monday of August each year. Escrow Agent shall withhold the prorated amounts from each party and pay the lien of the current year's taxes in full. El Partial Acquisition of Grantor's Property: Partial release of all mone ary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent property taxes and general and special improvement assessments, including full payment of taxes and assessments on individual assessor parcels within Maricopa County's partial acquisition, and any Certificate(s) of Purchase. The current year's taxes shall not be prorated regardless of the closing date. El Easement(s): Consent to easement(s) by secured party(ies). fl Other Disbursements: TBD part hereof Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date November 19, 2019 Address 4722 N. 24th Street, Ste. 200 Phone 602-230-6297 City Phoenix, AZ 85016 Fax 602-926-0452 Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15180434-015 Grantors: Zachery Bartholomy, a single man as to an undivided 50 0/c interest and Peter D. Coha and Yield A. Nowark, as trustees of the Peter D. Coha and Vicki A. Nowark Revocable Trust dated July 23, 2002 as to an undivided 50% interest Phone: Contact Zak Bartholomy Phone: 602-743-9969 Mailing Address: 2017 North 21st Place Email Zak@LSRACING.com City, State Zip Phoenix, Arizona 85006 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: j Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: Assessor Parcel No.: Right of Way Agent: 1T0513 35th Avenue (Carver to Elliot) 300-11-008C Jennifer Rodriguez PCN: TT0513 Item No D23693 Telephone # 602-506-4897 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 IvIARICOPA COUNTY BOARD OF SUPERVISORS and the fmal 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 NIARICOPA 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: Zachery Bartholomy, a single man as to an undivided 50% interest and Peter D. Coha and Vicki A. Nowark, as trustees of the Peter D. Coha and Vicki A. Nowark Revocable Trust dated July 23, 2002 as to an undivided 50 0/s interest RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: I / MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF Ai OF TRANSPORTATION SUPERVISORS Zachery B rtholorny Re. Property nager Chairman of the Board Peter D. Coha, as Trustee t A-C.) Al_LEST: Dae Vicki A. Nowark, as Trustee Approved as to form within the powers and authority of the Board of Su ervi ors Clerk of the Board of Supervisors Accepted Date Vitillt 1. it .102c. ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 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 /VIARICOPA 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. IVIARICOPA 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: Zachery Bartholomy, a single man as to an undivided 50% interest and Peter D. Coha and Vicki A. Nowark, as trustees of the Peter D. Coha and Vicki A. Nowark Revocable Trust dated July 23, 2002 as to an undivided 50% interest _./. RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Zachery Bartholomy I *Imam Ig iri_I,j'TZT.,r IL'i "f - , tws Re. Property nager Chairman of the Board Peter D. Coha, as Trustee / IZ 6 Al 1EST: al 4-40974,4,4Q Date Vicki A. Nowark, as Trustee Approved as to form within the powers and authority of the Board of Supervisors Clerk of the Board of Supervisors Accepted Date ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 30041-008C Project No.: 1'10513 Project Name: 35th Avenue Project Termini: Carver to Elliot Item No.: D23693 OR) 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 Seventeen Thousand Eight Hundred Eighteen and No/100 Dollars ($17,818.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Three Thousand Five Hundred and No/100 Dollars ($3,500.00) as payment in full for the improvements located on the property described herein and broken out as follows: Wire fencing and Saguaro =$3,500.00 Site Improvements Total =$3,500.00 D. To pay the Grantors the sum of Five Hundred and No/100 Dollars ($500.00) as payment in full for the Right of Entry for Construction (to be paid outside of closing) 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. IT0513 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 Seventeen Thousand Eight Hundred Eighteen and No/100 Dollars ($17,818.00) as payment in full for the property described herein. 3. To accept the sum of Three Thousand Five Hundred and No/100 Dollars ($3,500.00) as payment in full for the improvements located on the property described herein and broken out as follows: Wire fencing and Saguaro =$3,500.00 Site Improvements Total =$3,500.00 4. To accept the sum of Five Hundred and No/100 Dollars ($500.00) as payment in full for Right of Entry for Construction (to be paid outside of closing) 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 "E" above. Page 3 of 3 Parcel No. 30041-008 C Project No. TT0513 35th AVENUE (CARVER ROAD TO ELLIOT ROAD) Item No. D23693 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2015-0132878 lying in the Southeast Quarter of Section Ten, Township One South, Range Two East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the Southeast corner of said Section 10, being a Maricopa County Aluminum Cap 0.5 feet down, from which the East quarter corner of Section 10, Township One South, Range Two East of the Gila and Salt River Meridian, a Maricopa County Aluminum Cap 0.2 feet down, bears North 00004 759" East, for a distance of 2639.99 feet; thence along the East line of said Section 10 North 00 004 159" East, for a distance of 990.00 feet to the Southeast corner of said property; thence departing said section line along the South line of said property South 89°52'27" West, for a distance of 50.00 feet to the Point of Beginning; thence continuing South 89°52'27" West, for a distance of 20.00 feet; thence departing said South property line North 00°04'59" East being parallel with and 70.00 feet westerly of said East section line, for a distance of 329.99 feet to the North line of said property; thence along said North property line North 89 05206" East, for a distance of 20.00 feet; thence departing said North property line South 00 004 159" West being parallel with and 50.00 feet westerly of said East section line, for a distance of 329.99 feet to the Point of Beginning. The above described parcel contains 6,600 square feet or 0.1515 Acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/20/2019 HP Chic APPr:LV if -0-20tq Rev: 11/07/2019 OL Maricopa County Real Estate Department GRANTOR 45 DATE I - 7 —Z 0 EXHIBIT "A" Page 1 of 1 SEC LN N89°53 139"E 93.70'-- ------ 2545.57' S89 049'39"W N89°5245"E 300-11-008S I I I I L NOO °04 159 "E N.T.S. NO. BEARING LENGTH Ll S 89°52'27" W 50.00' L2 S 89°52'27" W 20.00' L3 N 00°04'59" E 329.99' L4 N 89°52'06" E 20.00' L5 S 00004'59" W 329.99' NEW R/W Co --I 300-15-010A EXIST R/W I I I I 300-15-011A 023693 Zackery Bartholomy, Peter, Vicki Nowark, Trustees 300-11-008C D23693 Fee Simple Right of Way: 6,600 square feet or 0.1515 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT 35th Avenue - Carver Road to Elliot Road R/W Agent: M.C. Tech: HP DATE 11-7-19 M.C.D.O.T. PROJECT No. T10513 ITEM No, D23693 Parcel No. 300-11-008 C Project No. TT0513 35th AVENUE (CARVER ROAD TO ELLIOT ROAD) Item No. D23693 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2015-0132878 lying in the Southeast Quarter of Section Ten, Township One South, Range Two East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the Southeast comer of said Section 10, being a Maricopa County Aluminum Cap 0.5 feet down, from which the East quarter comer of Section 10, Township One South, Range Two East of the Gila and Salt River Meridian, a Maricopa County Aluminum Cap 0.2 feet down, bears North 00004159" East, for a distance of 2639.99 feet; thence along the East line of said Section 10 North 00°04'59" East, for a distance of 990.00 feet to the Southeast comer of said property and the Point of Beginning; thence departing said East line and along the South line of said property South 89°52'2T West, for a distance of 50.00 feet; thence North 00°0459" East being parallel with and 50.00 feet westerly of said East section line, for a distance of 329.99 feet to the North line of said property; thence along said North property line North 89°52'06" East, for a distance of 50.00 feet to a point on said East section line; thence along said East line South 00°04'59" West, for a distance of 330.00 feet to the Point of Beginning. The above described fee parcel contains 16,500 square feet or 0.3788 acres more or less. The above described parcel is encumbered by an existing county roadway for the portion within the East 33 feet of Section 10 as shown in Book 3 of Road Maps, Page 23, containing 10,890 square feet. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/20/2019 HP Chk: Appr:/475'16•26/51) Rev: Maricopa County Real Estate Department GRANTOR -*Z-4- DATE I -Z. EXHIBIT "A" Page 1 of 1 300-11-008S SEC LN N89 053 139"E 2523.26' D23693 Fee Simple Right of Way: 16,500 square feet or 0,3788 acres NO. BEARING LENGTH Ll S 89°52'27" W 50.00' L2 N 00 004 159" E 329.99' L3 N 89°52'06" E 50.00' L4 S 00004159" W 330.00' N.T.S. 300-11-001D L3 D23693 Zackery Bartholomy, Peter, Vicki Nowark, Trustees 300-11-0080 300-15-010A -J EXIST R/W BK 3 of Road Maps. PG 23 NEW R/VV FOB 300-15-011A 93.70' ---- 2545.57' S89°49 139"W N89°52'45"E Area Encumbered by BK 3 of RD Maps, PG 23 10,890 square feet MARICOPA COUNTY REAL ESTATE DEPARTMENT 35th Avenue - Carver Road to Elliot Road R/W Agent: M.C. Tech: HP PROJECT No, TT0513 ITEM No, D23693 DATE 4-30-19 M.C.D.O.T.