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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Fidelity National Title Agency, Inc Date October 25, 2019 Address 3410 E. University Dr #200 Phone 480-214-4548 City Phoenix, Arizona 85034 Fax 480-214-1752 Escrow Officer Christine Hughes Email Christine.hughes@fnf.com Escrow No. 71005081 Grantor: Nathaniel W. Knight and Christine K. Knight, husband and wife, as community property with right of survivorship Phone: Contact Nathaniel and Christine Knight Phone: 480-200-6894 Mailing Address: 242345. Cooper Road Email Wcknight83@grnai1.com City, State Zip Chandler, Arizona 85249 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): 1 Escrow Fees TBD 0 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 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. [X] 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 property taxes and general and special improvement assessments, including full payment of taxes and assessments on individual assessor parcels within 1\ifaricopa County's partial acquisition, and any Certificate(s) of Purchase. The current year's taxes shall not be prorated regardless of the closing date. 0 Easement(s): Consent to easement(s) by secured party(ies). [E] Other Disbursements: Improvements, TCE, Replacement/ Modification of Improvements S10,200.00 Possession date: $5,400.00 Close of escrow: Date of ecordin 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 Total Other Charges Sub Total Title Report Credit Land and Underlying Fee* Improvements* Easements* Temporary Construction Easement $2,500.00 Improvement Replacement/Modification $500.00 Special Conditions Right of Way Contract Yes E No 0 Administrative Settlement* $9,553.00 Exhibit "B" Total Closing Costs TBD Entry Agreement Yes 0 No [X] Total Purchase Price $28,153.00 Addendum attached hereto and made a Yes El No [X] 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. Project: Cooper Road (Alamosa Dr-Riggs Road) PCN: 1 10616 Assessor Parcel No.: 303-54-034B Item No D23832 Right of Way Agent: Tangella Diaz Telephone # 602-506-4883 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 waive; 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 MA.RICOPA 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. GRANTORS: Nathaniel W. Knight and Christine K. Kni:ht husband and wife, as community pro rty with right of survivorship RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: ..., MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF A. . / .8- zio 7-0 , Jr OF TRANSPORTATION SUPERVISORS Na , a 5" . Knight Date I I 0 Oku Real roperty . ager Chairman of the Board tine K. " ght Date A 1 LEST: Date Fidelity National Title Agency, Inc Approved as to form within the powers and authority of the Board of Supervisors Clerk of the Board of Supervisors Accepted Date WV141*(t:G. ESCROW OFFICER 02 VA 2 -6 Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 303-54-034B Project No.: 110616 Project Name: Cooper Road Project Termini. (Alamosa Dr.-Riggs Road) Item No.: D23832 (TD) 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 TEN THOUSAND TWO HUNDRED and No/100 Dollars ($10,200.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of FIVE THOUSAND FOUR HUNDRED and No/100 Dollars ($5,400.00) as payment in full for the improvements located on the property described herein and broken out as follows: SEE ATTACHED =$5,400.00 Site Improvements Total =$5,400.00 D. To pay the Grantors the sum of FIVE HUNDRED and No/100 Dollars ($500.00) as payment in full for reestablishment of depreciated improvements located on the property described herein. E. To pay the Grantors the sum of TWO THOUSAND FIVE HUNDRED and No/100 Dollars ($2,500.00) as payment in full for the Temporary Construction Easement on the property described herein. F. To pay the Grantors the sum of NINE THOUSAND FIVE HUNDRED FIFTY THREE and No/100 Dollars ($9,553.00) as payment in full for the negotiated Administrative Settlement G. 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. H. That no costs relating to construction of roadway improvements on Project No. IT0616 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 TEN THOUSAND TWO HUNDRED and No/100 Dollars ($10,200.00) as payment in full for the property described herein. 3. To accept the sum of FIVE THOUSAND FOUR HUNDRED and No/100 Dollars ($5,400.00) as payment in full for the improvements located on the property described herein and broken out as follows: SEE ATTACHED =$5,400.00 Site Improvements Total =$5,400.00 4. To accept the sum of FIVE HUNDRED and No/100 Dollars ($500.00) as payment in full for reestablishment of depreciated improvements located on the property described herein. 5. To accept the sum of TWO THOUSAND FIVE HUNDRED and No/100 Dollars ($2,500.00) as payment in full for the Temporary Construction Easement on the property described herein. 6. To accept the sum of NINE THOUSAND FIVE HUNDRED FIFTY THREE and No/100 Dollars ($9,553.00) as payment in full for the negotiated Administrative Settlement. 7. 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 "G" above. APN 303-54-034B ROW ecz Entel lus 3033 North 44th Street, Suite 250 Phoenix, Arizona 85018 Tel 602.2442566 Fax 602.244.8947 Web www.entellus corn EXHIBIT "A" LEGAL DESCRIPTION FOR APN 303-54-034B COOPER ROAD IMPROVEMENTS RIGHT-OF-WAY That portion of the parcel of land described in Maricopa County Recorder Document # 2015- 0655820 and located in the Northeast Quarter of Section 26, Township 2 South, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and more particularly described as follows: BEGINNING at the brass cap found flush at the East Quarter Corner of said Section 26, from which the brass cap in hand hole found at the Northeast Corner of said Section 26 bears North 00 degrees 11 minutes 46 seconds West a distance of 2,647.53 feet, said line being the East line of said Northeast Quarter, and said line being the basis of bearings for this description; Thence along the East-West mid-section line of said Section 26, South 88 degrees 50 minutes 45 seconds West a distance of 66.50 feet to a point; Thence North 01 degree 09 minutes 15 seconds West a distance of 30.00 feet to a point; Thence North 44 degrees 19 minutes 30 seconds East a distance of 35.65 feet to a point on a line parallel with and 42.00 feet distant from said East line of the Northeast Quarter; Thence along said parallel line, North 00 degrees 11 minutes 46 seconds West a distance of 110.48 feet to a point; Thence South 89 degrees 48 minutes 14 seconds West a distance of 3.00 feet to a point on a line parallel with and 45.00 feet distant from said East line of the Northeast Quarter; Thence along last-mentioned parallel line, North 00 degrees 11 minutes 46 seconds West a distance of 30.00 feet to a point; Thence North 89 degrees 48 minutes 14 seconds East a distance of 3.00 feet to a point on said parallel line being 42.00 feet distant from said East line; Thence along las-mentioned parallel line, North 00 degrees 11 minutes 46 seconds West a distance of 3.54 feet to a point on the north deed line of said parcel of land; Thence along said north deed line, North 88 degrees 50 minutes 45 seconds East a distance of 42.01 feet to a point on said East line of the Northeast Quarter; Thence along said East line, South 00 degrees 11 minutes 46 seconds East a distance of 199.03 feet to the POINT OF BEGINNING. 7/25/2018 PAGE 1 OF 3 615.090 P:1600\615090 Cooper Road \D_PRODUCTION\Survey1S05_Legal Descriptions1303-54-034B\APN_303-54- 034B_ROW.docx APN 303-54-034B_ROW Entelius 3033 North 44th Street, Suite 250 Phoenix, Arizona 85018 Tel 602.244.2566 Fax 602244,8647 Web www.entellus corn Containing an area of 9,504 SQUARE FEET or 0.218 ACRES, more or less. See attached Exhibit "B" Note: The legal description above is based on recorded documents such as the subject parcers deed, adjacent parcel deeds and/or plats. It is not based on a boundary survey of the subject parcel. 7/25/2018 PAGE 2 OF 3 615.090 P:\600\615090 Cooper Road \D_PRODUCTION \Survey\S05_Legal Descriptions1303-54-034B \APN_303-54- 034B_ROW.docx CHANDLER HEIGHTS ROAD FOUND BCHH NE COR. SEC 26 40' INGRESS/EGRESS & PUE EXIST 33 ' R.O.W. (EXIST) L7 45' R.O.W. TOTAL NEW ROW L5 9,504 SF 0.218 AC APN 303- 54- 034B MCR# 2015- 0655820 ROW 2,936 SF 0.067 AC 42' R.O.W. CLOUD ROAD "113 L8 L1 FOUND BCFL E 1/4 COR. SEC 26 EXISTING COOPER RD. R.O.W. DOCS MCR BK 1 ROAD MAPS, P.59 MCR BK 1 ROAD MAPS, P.60 MCR BK 2 ROAD MAPS, P.15 EXISTING INGRESS/EGRESS & PUE DOCS MCR DKT 9624, P.270 EXISTING ROW 6,568 SF 0.151 AC P.O.B. SCALE: N.T.S. Expires 06/30/2020 EXHIBIT "B" RIGHT— OF— WAY 303- 54- 034B CITY OF CHANDLER LINE TABLE LINE BEARING DISTANCE Li S88 * 50 ' 45" W 66.50' L2 Ni' 09 ' 15" W 30.00 ' L3 N44° 19 ' 30"E 35.65 ' L4 NO' 11' 46 " W 110.48 ' L5 S89 ° 48 ' 14" W 3.00' L6 NO' 11 ' 46 " W 30.00 ' L7 N89 ° 48 ' 14" E 3.00' L8 NO' 11' 46"W 3.54' L9 N88° 50' 45"E 42.01' L10 SO" 11' 46"E 199.03' CITY OF CHANDLER LEGEND RIGHT—OF—WAY BASIS OF BEARING THE EAST LINE OF THE NE QUARTER OF SECTION 26 BEARING N0'11'46"W 3033 N. 44th Street Suite 250 Phoenix. AZ 85018.7228 Tel 602.244.2566 Fax 602.244.8947 Website: www.Entellus.com SR1503.201 SECTION 26, T2S, R5E RIGHT—OF—WAY DATE: 7/23/18 'REVD: DRAWN BY: CKFCHK'D: DGF1PG: 3 OF 3 FILE: 303-54-034B_ROW.DWG Entellusl APN 303-54-034B_TCE 3033 North 44th Street, Suite 250 Phoenix, Arizona 85018 Tel 602.244.2566 Fax 602244.8947 Web www.entellus corn EXHIBIT "A" LEGAL DESCRIPTION FOR APN 303-54-034B COOPER ROAD IMPROVEMENTS TEMPORARY CONSTRUCTION EASEMENT That portion of the parcel of land described in Maricopa County Recorder Document # 2015- 0655820 and located in the Northeast Quarter of Section 26, Township 2 South, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and more particularly described as follows: COMMENCING at the brass cap found flush at the East Quarter Corner of said Section 26, from which the brass cap in hand hole found at the Northeast Corner of said Section 26 bears North 00 degrees 11 minutes 46 seconds West a distance of 2,647.53 feet, said line being the East line of said Northeast Quarter, and said line being the basis of bearings for this description; Thence along the East-West mid-section line of said Section 26, South 88 degrees 50 minutes 45 seconds West a distance of 66.50 feet to the POINT OF BEGINNING; Thence continuing along said East-West mid-section line, South 88 degrees 50 minutes 45 seconds West a distance of 29.16 feet to a point; Thence North 01 degree 09 minutes 15 seconds West a distance of 80.58 feet to a point; Thence North 89 degrees 48 minutes 14 seconds East a distance of 33.00 feet to a point on a line parallel with and 64.00 feet distant from said East line of the Northeast Quarter; Thence along said parallel line, North 00 degrees 11 minutes 46 seconds West a distance of 118.99 feet to a point on the north deed line of said parcel of land; Thence along said north deed line, North 88 degrees 50 minutes 45 seconds East a distance of 22.00 feet to a point on a line parallel with and 42.00 feet distant from said East line of the Northeast Quarter; Thence along last-mentioned parallel line, South 00 degrees 11 minutes 46 seconds East a distance of 3.54 feet to a point; Thence South 89 degrees 48 minutes 14 seconds West a distance of 3.00 feet to a point on a line parallel with and 45.00 feet distant from said East line of the Southeast Quarter; Thence along last-mentioned parallel line, South 00 degrees 11 minutes 46 seconds East a distance of 30.00 feet to a point; Thence North 89 degrees 48 minutes 14 seconds East a distance of 3.00 feet to a point on said 7/23/2018 PAGE 1 OF 4 615.090 P:\600\615090 Cooper Road\ D_PRODUCTION \Survey1S05_Legal Descriptions\303-54-034B \APN_303-54- 034B_TCE.docx APN 303-54-0348_TCE /- 3033 North 44th Street, Suite 250 Phoenix, Arizona 85018 Tel 602.244,2566 Pax 602244.8947 Web www.entellus rpm parallel line being 42.00 feet distant from said East line; Thence along last-mentioned parallel line, South 00 degrees 11 minutes 46 seconds East a distance of 110.48 feet to a point; Thence South 44 degrees 19 minutes 30 seconds West a distance of 35.65 feet to a point; Thence South 01 degree 09 minutes 15 seconds East a distance of 30.00 feet to the POINT OF BEGINNING. Containing an area of 5,830 SQUARE FEET or 0.134 ACRES, more or less. See attached Exhibit "B" Note: The legal description above is based on recorded documents such as the subject parcel's deed, adjacent parcel deeds and/or plats. It is not based on a boundary survey of the subject parcel. 7/23/2018 PAGE 2 OF 4 615.090 P:\600\615090 Cooper Road\ D_PRODUCTION\Survey\S05_Legal Descriptions\303-54-034B\APN_303-54- 034B_TCE.docx EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT 303-54-034B CITY OF CHANDLER EXISTING COOPER RD. R.O.W. DOCS MCR BK 1 ROAD MAPS, P.59 MCR BK 1 ROAD MAPS, P.60 MCR BK 2 ROAD MAPS, P.15 MCR BK 541 ROAD MAPS, P.27 EXISTING INGRESS/EGRESS & PUE DOCS MCR DKT 9624, P.270 SCALE: N. T.S. Expires 06/30/2020 CITY OF CHANDLER ST1503.201 SECTION 26, 12S, R5E L7 APN 303-54-034B MCR# 2015-0655820 TCE 5,830 SF 0.134 AC L4 P.O.B. 1L8 145' R.O.W. (PROP)' L10 42' R.O. W. (PROP) 0 cc cc L2 L1 CLOUD ROAD FOUND BCFL E 1/4 COR. SEC 26 CHANDLER HEIGHTS ROAD FOUND BCHH NE COR. SEC 26 40' INGRESS/EGRESS & PUE (EXIST) 33' R.O.W. (EXISTT L6 LEGEND V TEMPORARY CONSTRUCTION 4,Z1 EASEMENT BASIS OF BEARING THE EAST LINE OF THE NE QUARTER OF SECTION 26 BEARING NO'11'46"W Entellusrl TEMPORARY CONSTRUCTION EASEMENT DATE: 7/23/18 (REVD: DRAWN BY: CK CHK'D: 1-5G1FjG: 3 OF 4 FILE: 303-54-034B_TCE.DWG 3033 N. 44th Street Suite 250 Phoenix. AZ 85018.7228 Tel 602.244.2566 Fax 602.249.8947 Website: www.Entellus.com \ .1I1. 0 e St e 1 ' awr.e 5 .4044,011, , /PV°70 WiCA +N. 9 33874 DANIEL G. FRANCETIC Entellusl 3033 N. 44th Street Suite 250 Phoenix. AZ 85018.7228 Tel 602,244.2566 Fax 602.244.8947 Website: www.Entellus.com ST1503.201 SECTION 26, T2S, R5E TEMPORARY CONSTRUCTION EASEMENT DATE: 7/23/18 IREV'D: DRAWN BY: CKICHK'D: DGFIPG: 4 OF 4 FILE: 303-54-034B_TCE.DWG APN 303-54-034B LINE TABLE LINE BEARING DISTANCE Li S88° 50' 45"W 66.50' L2 S88 50' 45"W 29.16' L3 Ni' 09' 15"W 80.58' L4 N89' 48' 14"E 33.00' L5 NO' 11' 46"W 118.99' L6 N88° 50' 45"E 22.00' L7 SO' 11' 46"E 3.54' L8 589° 48' 14"W 3.00' L9 SO' 11' 46"E 30.00' L10 N89' 48' 14"E 3.00' L11 SO . 11' 46"E 110.48' L12 S44° 19' 30"W 35.65' L13 S1 0 09' 15"E 30.00' Expires 06/30/2020 CITY OF CHANDLER LEGEND r= TEMPORARY CONSTRUCTION EASEMENT BASIS OF BEARING THE EAST LINE OF THE NE QUARTER OF SECTION 26 BEARING NO'11 '46"W