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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date August 30, 2023 Address 2415 E. Camelback Rd., Ste. 200 Phone (602) 230-6271 City Phoenix, Arizona 85016 Fax (602) 926-0452 Escrow Officer Jason Bryant Email ibryant@securitytitle.com Escrow No. 15201175-015-JB6-SW Grantor: Paul M. Lewandosky, an unmarried man Phone: | (480) 201-2881 Contact Paul M. Lewandosky : Mailing - : LOCKESDOC@MSN.C Address: 11629 E. Manana Road Email OM City, State Zip Cave Creek, Arizona 85331 Fax: N/A 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 | Escrow Fees TBD L1_ 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 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 (J 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 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 l [X]_Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD. LJ Other Disbursements: | Sub Total TBD Drainage Easement* $4,529.00 11 Slope Easement* $587.00 11 Possession. date: TCE $500.00 12" _|| Close of escrow: Improvements $1,805.00 10 Date of recording: Special Conditions Right of Way Contract Yes K] | Nol] Total Purchase Price $7,421.00 Exhibit "A". Total Escrow & Title Costs TBD 14 Entry Agreement Yes] | NoXM Total Compensation (minus any funds paid outside of escrow) - TBD Addendum attached hereto and made a Yes] | Nok TOTAL WARRANT** TBD part hereof *Escrow and title policy fees based on this amount only. *** P.O.C Paid outside of closing **Sum of "Total Closing Costs" and "Total Compensation" only. Project: Tonto Hills Low Volume Roads PCN: | TT0609 -Assessor Parcel No.: 219-12-011 Item No | D24044 Right of Way Agent: Jordan Ortiz Telephone # | (602) 675-4191 Page 1 of 9 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 i 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 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. . GRANTOR: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Paul M. Lewandosky, an unmarried man . (ar “ MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF aul, wands see OF TRANSPORTATION SUPERVISORS Paul M. Lewandosky Date: - Right of Way Supervisor Chairman of the Board 10/11/2023 10/12/2023 : —. ATTEST: Date: Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors (toga Pe 10/12/2023 Deputy County Attorney Date Date Page 2 of 9 EXHIBIT "A" RIGHT OF WAY AGREEMENT Parcel No..:- 219-12-011 Project No.: TT0609 Project Name: Tonto Hills Low Volume Roads Item No.: D24044 (JO) 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 Grantor the sum of Four Thousand Five Hundred Twenty-Nine and No/100 Dollars ($4,529.00) as payment in full for the drainage easement described herein. C. To pay the Grantor the sum of Five Hundred Eighty-Seven and No/100 Dollars ($587.00) as payment in full for the Slope Easement described herein. ; D. To pay the Grantor the sum of Five Hundred and No/100 Dollars ($500.00) as payment in full for the temporary construction easement described herein. To pay the Grantor the sum of One Thousand Eight Hundred Five and No/100 Dollars ($1,805.00) as payment in full for the improvements located on the property described herein and broken out as follows: Site Improvements Within DE: 35 tons of aggregate base driveway (475 SF) mi 2 Gate Posts : =$_ 1,306.00 Site Improvements Within Existing ROW: 15 tons of aggregate base driveway (200 SF) =$ 499.00 Site Improvement Total = $1,805.00 F. That, ifin the opinion of the Transportation Director it becomes necessary, private structures will be relocated in kind to the Grantors property, clear of the Property described herein, at no expense to the Grantor except as may be herein otherwise agreed. G. With respect to the development/redevelopment of the property prior to construction of project TT0609, the 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. THE GRANTOR AGREES: 1. To grant a Drainage Easement in Exhibit "B-1" and depicted in Exhibit "B-2", Slope Easement in Exhibit "C-1" and depicted in Exhibit "C-2"and Temporary Construction Easement in Exhibit "D-1" and depicted in Exhibit "D-2" for the real property described to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of Four Thousand Five Hundred Twenty-Nine and No/100 Dollars ($4,529.00) as payment in full for the drainage easement described herein. 3. To accept the sum of Five Hundred Eighty-Seven and No/100 Dollars ($587. 00) as payment in full for the Slope Easement described herein. 4. To accept the sum of Five Hundred and No/100 Dollars ($500.00) as payment in full for the jemporary construction easement described herein. 5. To accept the sum of One Thousand Eight Hundred Five and No/100 Dollars ($1,805.00) as payment in full for the improvements located on the property described herein and broken out as follows: Site Improvements Within DE: 35 tons of aggregate base driveway (475 SF) 2 Gate Posts - =$ 1,306.00 Site Improvements Within Existing ROW: : 15 tons of aggregate base driveway (200 SF) =$ 499.00 Site Improvement Total ‘ = $1,805.00 6. 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 “F” above. Page 3 of 9 EXHIBIT "B-1™ Parcel No. 219-12-011 Project No. TT0609 TONTO HILLS LVR Item No. D24044-DE Legal Description For Drainage Easement That portion of the Southeast 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 Northwest corner of Lot 11 of Tonto Hills, Book 93, page 5 M.C.R. thence South 64 degrees 46 minutes 37 seconds East, 78.02 feet along the North line of said Lot 11to the POINT OF BEGINNING; : thence South 64 degrees 46 minutes 37 seconds East, 96.17 feet along said North line; thence South 25 degrees 13 minutes 23 seconds West, 48.00 feet; thence North 64 degrees 46 minutes 37 seconds West, 20.94 feet; thence North 26 degrees 48 minutes 57 seconds West, 45.52 feet; thence North 64 degrees 46 minutes 37 seconds West, 39.34 feet; thence North 25 degrees 13 minutes 23 seconds East, 20.00 feet tothe POINT OF BEGINNING. The above described parcel contains 3012 square feet or 0.0691 acres, more or less, and is depicted on the attached Exhibit “B”. , Professional Land Surveyor AZ No. 19817 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION . Agent: J. Crume Project No. TT0609_———|_ Chk: J. Crume Electronic Seal Tech: B. Crume https://btr.az.gov/ ; Prepared by: Cooper Aerial Surveys Company Page 4 of 9 EXHIBIT "B-2" APN:219-12—010 POC Not to Scale APN:219-12-012 LOT 11 OF TONTO HILLS BOOK 93 PAGE 05 M.C.R. LEWANDOSKY PAUL M APN: 219-12-011 LINE TABLE LINE BEARING LENGTH LI | S$64°46'37"E | 78.02’ L2 | $64°46°37"E | 96.17’ L3 | S2513'23"W | 48.00’ L4 | N64°46'37"W | 20.94 APN:219-12--023 L5 | $26°48'57"E | 45.52" L6 | N64°46°37"W | 39.34’ L7 | N2513'23"E | 20.00" Professional Land Surveyor AZ No. D24044-DE Area: 3012 square feet or 0.0691 acres 19817 MARICOPA COUNTY TONTO HILLS LVR Prepared by: . PROJECT No. TT0609 ‘| Agent: J. Crume COOPER AERIAL SURVEYS COMPANY Electronic Seal - https: //btr.az.gov/ ITEM No. D24044-DE Tech: B. Crume Checked: J. Crume Date: 08/23/2021 Page 5 of 9 EXHIBIT "C-1™ Parcel-No. 219-12-011 Project No. TT0609 TONTO HILLS LVR Item.No. D24044-SE Legal Description For Slope Easement That portion of the Southeast quarter of Section 10, Township 6 North, Range 5 East of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: _ BEGINNING at the Northwest corner of Lot 11 of Tonto Hills, Book 93, page 5 M.C.R. thence South 64 degrees 46 minutes 37 seconds East, 78.02 feet along the North line of said Lot 11; thence South 25 degrees 13 minutes 23 seconds West, 5.00 feet; thence North 64 degrees 46 minutes 37 seconds West, 78.03 feet to a point that lies on the West line of . said Lot 11; thence North 25 degrees 20 minutes 00 seconds East, 5.00 feet along said West line to the POINT OF BEGINNING. The above described parcel contains 390 square feet or 0.0090 acres, more or less, and is depicted on the attached Exhibit “B”. Professional Land Surveyor AZ No. 19817 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 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 6 of 9 EXHIBIT "C-2" POB & May, M4 Ng kp APN:219-12—-010 D24044-SE Not to Scale APN:219-12—012 LOT 11 OF TONTO HILLS BOOK 93 PAGE 05 M.C.R. LEWANDOSKY PAUL M APN: 219-12-011 LINE TABLE LINE } BEARING | LENGTH Li | S64°46°37"E |} 78.02’ L2 | $2513'23"w | 5.00’ L3 | N64°46'37"W | 78.03" APN:219-12-023 L4 | N25'20'00"E | 5.00 Professional Land Surveyor AZ No. D24044-SE Area: 390 square feet or 0.0090 acres 19817 MARICOPA COUNTY TONTO HILLS LVR Prepared by: : PROJECT No. TT0609 =| Agent: J. Crume COOPER AERIAL SURVEYS COMPANY Electronic Seal https: //btr.az.gov ITEM No. D24044-SE Tech: B. Crume Checked: J. Crume Date: 08/23/2021 ps: // gov/ Page 7 of 9 EXHIBIT "D-1" Parcel No. 219-12-011 Project No. TT0609 TONTO HILLS LVR Item No. D24044-TCE Legal Description For Temporary Construction Easement That portion of the Southeast quarter of Section 10, Township 6 North, Range 5 East of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: BEGINNING at the Northeast corner of Lot 11 of Tonto Hills, Book 93, page 5 M.C.R. thence South 23 degrees 06 minutes 28 seconds West, 5.00 feet along the East line of said Lot 11 to the beginning of a non-tangent curve, concave Northeast, from which the radius point bears North 23 degrees 01 minutes 43 seconds East a distance of 1035.00 feet; thence Northwesterly 39.64 feet along the arc of said curve to the right through a central angle of 2 degrees 11 minutes 40 seconds; thence North 64 degrees 46 minutes 37 seconds West, 36.82 feet; thence North 25 degrees 13 minutes 23 seconds East, 5.00 feet to a point that lies on the North line of said Lot 11; thence South 64 degrees 46 minutes 37 seconds East, 36.82 feet along said North line to the beginning of a curve, concave Northeast, having a radius of 1030.00 feet; thence Southeasterly 39.46 feet along said North line, along the arc of said curve to the left through a central angle of 2 degrees 11 minutes 41 seconds to the POINT OF BEGINNING. The above described parcel contains 382 square feet or 0.0088 acres, more or less, and is depicted on the attached Exhibit “B”. Professional Land Surveyor AZ No. 19817 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Agent: J. Crume Project No. TT0609 Chk: J. Crume Electronic Seal Tech: B. Crume https://btr.az.gov/ Prepared by: Cooper Aerial Surveys Company Page 8 of 9 EXHIBIT "D-2" APN:219-12-010 LEWANDOSKY PAUL M APN: 219-12-011 D24044-TCE LOT 11 OF TONTO HILLS BOOK 93 PAGE 05 M.C.R. OM, Ay, RD APN:219-12-012 Not to Scale D24044-TCE Area: 382 square feet or 0.0088 acres , LINE TABLE UNE BEARING LENGTH L1 | $23°06'28"W | 5.00’ APN:219-12~023 L2 | Ne4'46°S7"W | 36.82" L3. | N2513'23"E | 5.00’ CURVE TABLE L4 | S$64°46°37"E | 36.82’ CURVE | LENGTH | RADIUS } DELTA | TANGENT | CHORD | CHORD BRG Ci 39.64’ | 1035.00’ | 2°11°40” 19.82’ | 39.64’ |.N65°52'27°W C2 39.46’ | 1030.00’ | 211’41” 19.73’ | 39.45° |: S65°52'27"E Professional Land MARICOPA COUNTY TONTO HILLS LVR PROJECT No.TT0609 | Agent: J. Crume Prepared by: COOPER AERIAL SURVEYS COMPANY ITEM No. D24044-TCE —_| Tech: B. Crume Checked: J. Crume ~ Date: 08/23/2021 Surveyor AZ No. 19817 Electronic Seal https: //btr.az-gov/ Page 9 of 9