J1 TT0748_D24903_PA.PDF

Maricopa County — Formal (2024-06-12)

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Maricopa County
Purchase Agreement and Escrow Instructions

Title Company Pioneer Title Agency, Inc Date 4/25/24
Address 1550 E Missouri Ave, Phone 602-943-0184
City Phoenix, AZ 85014 Fax
Jennifer.siverio@pioneer
Escrow Officer Jennifer Silverio Email titleagency.com
Escrow No. 72502904-025-JS1
Grantor: William J. Hightower Phone:
Contact William J. Hightower/Debbie Hightower Phone: 623-734-6185
Mailing Address: 3322 W. Old Highway 80 Email debbiehitower@aol.com
City, State Zip Arlington, AZ 85322 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 Sub- Charges and Disbursements to be paid from Grantor's funds as
deposit with the Title Company if escrowed, the purchase price Object | follows (check all that apply):
plus all lawful costs incidental to closing as follows: Code i
Escrow Fees TBD L]_ Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees TBD 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 TBD 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 l
Bd 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 TBD 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.LA. regardless of the closing date.
Taxes -Prorated {
[J _Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD 14
LJ_Other Disbursements: _ |
Sub Total TBD
Land* $41,648.00 11
Administrative Settlement* $18,352.00 11
Right of Entry*** $500.00 12
Total Purchase Price $60,000.00
Total Escrow & Title Costs TBD 14
Total Compensation (minus any
funds paid outside of escrow) $60,000.00
TOTAL WARRANT** TBD

*Escrow and title policy fees based on this amount only.

**Sum of "Total Closing Costs" and "Total Compensation" only.
*** P.O.C Paid outside of closing/Recorded Outside of Escrow

Project Name: Luke Wash at OLD US80 Project Number: | TT0748
Assessor Parcel No.: 401-40-065 Item No. D24903
Right of Way Agent: Michelle Moy Telephone # 602-506-8684

Page 1 of 7

The GRANTOR and GRANTEE, having executed a conveyance of certain real property rights as described and depicted in the Exhibit(s) A-1, A-2,
Bl, B2 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 agrees to pay and the GRANTOR accepts the payment in full for the property described herein:
« Real property the amount of FORTY-ONE THOUSAND SIX HUNDRED FORTY-EIGHT DOLLARS AND NO/100 Dollars
($41,648.00) described and depicted in Exhibit A-1 and A-2.
« Administrative Settlement of EIGHTEEN THOUSAND THREE HUNDRED FIFTY-TWO DOLLARS AND NO/100 Dollars
($18,352.00)
¢ Right of Entry for construction in the amount of FIVE HUNDRED DOLLARS AND NO/100 DOLLARS ($500.00) Exhibit B-1 and B-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 GRANTOR’s property, clear of the property described herein, and at
no expense to the GRANTOR except as may be herein otherwise agreed.

With respect to the development/redevelopment of the property prior to construction of project TT0748, GRANTOR 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 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. Alli claims shall be submitted in accordance with the requirements of ARS 12-821.

This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.

Page 2 of 7

. DocuSign Envelope ID: 2E7DF3D8-22E7-4AEB-805D-D367CE67BDDE

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: William J. Hightower, sole

surviving Trustee of the Hightower Family RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Trust dated September 10, 2021
os 4 Sex
EE Yb, flit Se EAL, Ben MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
oe OF TRANSPORTATION SUPERVISORS
William J. Hightower, sole surviving Trustee
wy (Saar fbi
Date ma sll
Right of Way Supervisor Chairman of the Board
5/13/2024
Date
Date
ATTEST:

Approved as to form within the

powers and authority of the Board of

Clerk of the Board of Supervisors

Supervisors

by
Puck pee

Deputy Coun! Tiiey\ Date

Date

\
\

Ss

Page 3 of 7

Exhibit "A-1"
Parcel No. 401-40-065
Project No. TT0748
Luke Wash Bridge at Old US 80
Item No. D24903

LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY

A portion of the parcel as described in the Special Warranty Deed recorded as instrument 2001-0885225
on file with the Maricopa County Recorder’s Office and lying in the Northeast quarter of the Southeast
quarter of Section 21, Township 1 South, Range 5 West of the Gila and Salt River Base and Meridian,
and being more particularly described as follows:

Commencing at the East quarter corner of said Section 21, being a 2-inch Maricopa County aluminum
cap marked “T1S R5W 1/4 S21 S22 2004 RLS 36563” from which the Center quarter of said Section 21,
being a rebar with an illegible aluminum cap bears North 89°42'20” West, for a distance of 2616.86 feet;

Thence along the East-West mid-section line of said Section 21, North 89°42'20" West, for a distance of
330.00 feet;

Thence departing said mid-section line, South 00°10'35" West, for a distance of 394.56 feet to the Point
of Beginning;

Thence South 54°38'23" West, for a distance of 331.38 feet;

Thence South 35°16'35" East, for a distance of 30.00 feet;

Thence South 54°38'23" West, for a distance of 47.33 feet;

Thence North 28°19'19" West, for a distance of 309.46 feet;

Thence North 50°02'30" East, for a distance of 331.61 feet;

Thence South 37°18'04" East, for a distance of 303.89 feet to the Point of Beginning.

The above described parcel contains 103,667 square feet or 2.3799 acres, more or less, and is depicted
on attached Exhibit "A-2".

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

Prelim: 05/13/2024 HP | Chk: Appr:

Rev:

Maricopa County Real Estate Department

Page 4 of 7

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Exhibit "B-1"
Parcel No. 401-40-065
Project No. TT0748
Luke Wash Bridge at Old US 80
Item No. D24903

LEGAL DESCRIPTION FOR RIGHT OF ENTRY

A portion of the parcel as described in the Special Warranty Deed recorded as instrument 2001-0885225
on file with the Maricopa County Recorder’s Office and lying in the Northeast quarter of the Southeast
quarter of Section 21, Township 1 South, Range 5 West of the Gila and Salt River Base and Meridian,
and being more particularly described as follows:

Commencing at the East quarter corner of said Section 21, being a 2-inch Maricopa County aluminum
cap marked “T1S RSW 1/4 S21 S22 2004 RLS 36563” from which the Center quarter of said Section 21,
being a rebar with an illegible aluminum cap bears North 89°42'20” West, for a distance of 2616.86 feet;

Thence along the East-West mid-section line of said Section 21, North 89°42'20" West, for a distance of
330.00 feet;

Thence departing said mid-section line, South 00°10'35" West, for a distance of 394.56 feet to the Point
of Beginning;

Thence South 54°38'23" West, for a distance of 331.38 feet;

Thence South 35°16'35" East, for a distance of 30.00 feet;

Thence South 54°38'23" West, for a distance of 47.33 feet;

Thence North 28°19'19" West, for a distance of 309.46 feet;

Thence North 50°02'30" East, for a distance of 331.61 feet;

Thence South 37°18'04" East, for a distance of 303.89 feet to the Point of Beginning.

The above described parcel contains 103,667 square feet or 2.3799 acres, more or less, and is depicted
on attached Exhibit "B-2".

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 05/13/2024 HP Chk: Appr:
Rev:

Maricopa County Real Estate Department
Page 6 of 7

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