C1 TT0609_D24514_PA.PDF

Maricopa County — Formal (2024-04-24)

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Maricopa County
Purchase Agreement and Escrow Instructions

Title Company Security Title Agency, Inc. Date January 11, 2024
Address [2415 E Camelback Road; Suite 200 Phone _|:.602-230-6271
City Phoenix, AZ 85016 - Fax____ | 602-926-0452 _
Escrow Officer Jason Bryant Email ibryant@securitytitle.com
Escrow No. 15211034-015-JB6-SW
ia Don S. Schoonenberg and Kristine C. Schoonenberg, Trustees of the Don S. and Kristine
Grantor: C. Schoonenberg Trust, dated March 28, 2001 Phone:._|\:262-388-9999
Mailing Address: PO Box 130 _. . Email |: scHooNENBERG.D@GMAIL.COM
City, State Zip Summit Lake, WI_ 54485
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 Chest Charges and Disbursements to be paid from Grantor's funds as
deposit with the Title Company if escrowed, the purchase price follows (check all that apply):
plus all lawful costs incidental to closing as follows: I
Escrow Fees TBD LJ_ 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 éach 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 =
_ LJ. Partial Acquisition. of Grantor's Property: Partial release of all
i 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.A. regardless of the closing date.
Taxes -Prorated |
i Easement: Consent to slope easement by secured parties.
Total Other Charges TBD 14 | |
J ; | £1 Other Disbursements: |.
Sub Total TBD __. .
Slope Easement* “1:$ 213.00 | i
|
Total Purchase Price $213.00
Total Escrow & Title Costs | TBD 14
Total Compensation (minus any }
funds paid outside of escrow) ‘L$ 0.00
TOTAL WARRANT** | TBD

*Esérow and title policy fées based on this amount only.

**Sum of "Total Closing Costs" and "Total Compensation" only.

Project Name: 1 Tonto Hills Low Volume Roads Project Number: ‘| TT0609
| Assessor Parcel No.: 219-12-101 Item No. D24514
Right of Way Agent: Luis Alonzo Telephone # _| 602-506-4893

Page 1 of 5

The GRANTOR and GRANTEE, having executed a conveyance of certain real property rights as described and depicted in the Exhibits A-J, A-2
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:
¢ Slope Easement in the amount of Two Hundred Thirteen and No/100 DOLLARS ($213.00) described and depicted in Exhibit A-1 and
A-2

If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, GRANTOR agrees to remove or relocate such
improvements not later than 30 days from the date of payment. GRANTOR assumes all liability connected with said removal. It is further agreed that
upon expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property
of MARICOPA COUNTY and all rights of the GRANTOR to said improvements shall cease and terminate. GRANTOR shall be liable for the
reasonable costs incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the
GRANTOR’S remaining lands where necessary to accomplish the purpose of this agreement.

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 TTOXXX, 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. All 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.

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.

Page 2 of 5

GRANTOR:

Don S. Schoonenberg, as Trustee”

F/2E Zoae

Date

A

bes

Dde

v4 Schoonenberg, as Trustee
bi)ooz gb

RECOMMENDED FOR APPROVAL:

MARICOPA COUNTY DEPARTMENT
OF TRANSPORTATION

‘DocuSigned by:

[ suiuifr Rodrigue

ACCEPTED AND APPROVED:

MARICOPA COUNTY BOARD OF
SUPERVISORS

Right of Way Supervisor
3/27/2024

Date

Approved as to form within the
powers and authority of the Board of
Supervisors

DocuSigned by:

Way Prk 3/27/2024

Chairman of the Board

ATTEST:

Clerk of the Board of Supervisors

Deputy County Attorney Date

Page 3 of 5

Date

Exhibit “A-1”
Parcel No. 219-12-101
Project No. TT0609 —
TONTO HILLS LVR
Item No. D24514-SE

Legal Description For Slope Easement

That portion of the Southwest quarter of Section 10, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:

COMMENCING at the Southwest corner of Lot 101 of Tonto Hills, Book 93, page 5 M.C.R.

thence South 79 degrees 13 minutes 57 seconds East, 84. 31 feet along the South line of said Lot 101 to
the POINT OF BEGINNING; ;

thence North 10 degrees 46 minutes 03 seconds East, 5.00 feet;
thence South 79 degrees 13 minutes 57 seconds East, 23.44 feet;
thence South 10 degrees 46 minutes 03 seconds West, 5.00 feet to a point that lies on said South line;

thence North 79 degrees 13 minutes 57 seconds West, 23.44 feet along said South line to the POINT
OF BEGINNING.

The above described parcel contains 117 square feet or 0.0027 acres, more or less, and is depicted on
the attached Exhibit “B”. ;

- Professional Land
Surveyor AZ No. 19817

i ~_ Digitally signed
Jim Bgenesere
Cc Date: 2021.09.14
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FUME 12:31:28 -0700
Agent: J. Crume Project No. TTO609 Chk: J. Crume Electronic Seal
Tech: B. Crume : https://btr.az.gov/
Prepared by: Cooper Aerial Surveys Company :

Page 4 of 5

APN:219-12-077

APN:219-12-102

LOT 101 OF TONTO HILLS
BOOK 93 PAGE 05 M.C.R.

DON & KRISTINE
SCHOONENBERG TRUST
APN: 219-12-101

PoC

LINETABLE
; LENGTH
ut | s7973's7e | 8431".
t2 | niove'03" | 5.00"
L3_ | s7973'57"E | 23.44
L4 | sio4s'os"w | 5.00" |
15 | N7on357'W

LINE | “BEARING

BAe

D24514-SE Area: 117 square feet or 0.0027 acres

SHT 1 of 1

Not to Scale

APN:219-12-100

Page'5 of 5

_ MARICOPA COUNTY

TONTO HILLS LVR

oe — Prepared by:
PROJECT No. TT0609 | Agent: J. Crume | COOPER AERIAL SURVEYS COMPANY |

Tech: B. Crume

ITEM No, 024514-SE | Checked: J.Crume | Date: 09/14/2024

Professional Land
Surveyor AZ No.
19817

Digitally signed

. : Jim by Jim Crume

Date:

7 Crume 221.02-14

12:31:42 -07'00'

Electronic Seal
https: //btr.az.gov/