Purchase Agreement

City of Chandler — Regular Meeting (2021-12-09)

Extracted text (via ocr_local) 35063 characters

PURCHASE AGREEMENT
SELLER: City of Chandler, an Arizona municipal corporation

BUYER: Dinesh Palariya and Amisha Dham, husband and wife as to a fifty
(50%) percent undivided interest; and

Tarun Chopra and Charu Chopra, husband and wife, as to a fifty
(50%) percent undivided interest

Escrow Agent: Fidelity National Title Agency, Inc.
Escrow No.: 10006803 Date:
1. Agreement and Escrow. This Purchase Agreement, together with Escrow Agent’s

printed form Escrow Instructions (collectively, the “Agreement”), constitutes a binding
agreement by Seller to sell and Buyer to buy the Property (defined below) upon the terms and
conditions stated herein, and shall define the terms of the escrow created with Escrow Agent.
Escrow Agent shall also serve as title insurer. If there is any conflict or inconsistency between
the printed form Escrow Instructions and this Purchase Agreement, the latter shall prevail.

Ze Subject Property. The “Property” to be purchased and sold in accordance with
this Agreement is the following:

2.1. | Real Property. That certain real property located west of the southwest
corner of Cooper Road and Pecos Road in Chandler, Maricopa County, Arizona, as more
particularly described in Exhibit "A" attached (the “Real Property”), together with all rights,
privileges, easements and appurtenances thereto, whether recorded or not recorded, including
without limitation, all of Seller’s right, title and interest in and to any development rights, air
rights, rights in adjoining streets and alleyways, and water and water rights used in connection
with the real property, and all minerals, oil, gas, and other hydrocarbon substances thereon or
thereunder (except as otherwise reserved of record), except as may be expressly reserved in this
Agreement.

3. Purchase Price. The “Purchase Price” for the Property shall be Five Hundred
Ninety-Eight Thousand Dollars ($598,000.00), payable as follows: Twenty-Nine Thousand Nine
Hundred Dollars ($29,900.00) Initial Deposit in the form of cash or other good funds or cashier’s
or certified check payable to Fidelity National Title Agency, Inc. Escrow No. 10006803 to be
delivered to Seller together with a copy of this Agreement executed by Buyer and with the
balance of the Purchase Price to be paid on or before Close of Escrow (defined below) by Buyer
depositing with Escrow Agent said amount, plus Buyer’s share of the closing costs, in cash, or
by cashier’s check, certified check, wire transfer or other immediately available funds (the “Cash
Due at Closing”). If the Cash Due at Closing is to be paid by wire transfer, Buyer shall notify
Escrow Agent at least two (2) days prior to Closing and Seller shall designate to Escrow Agent
the account or accounts to receive the funds. The Property shall be conveyed free and clear at
the Close of Escrow upon the payment of the Cash Due at Closing.

4. Escrow. The sale contemplated by this Agreement shall be consummated through
Escrow as follows:

4.1. Opening and Closing Dates. Escrow shall open on the business day on
which Escrow Agent receives one (1) fully executed copy of this Agreement and the Initial
Deposit as provided in Section 4.2 below. Upon receipt, Escrow Agent shall give written notice
to the persons listed in Section 17 below of the date that escrow has opened and such notice shall
constitute evidence of Escrow Agent’s acceptance of the Agreement. Subject to Section 5
below, “Close of Escrow” or “Closing” shall occur on or before 5:00 p.m., Arizona time, on or
before ten (10) days after all title requirements and Buyer’s contingencies under Section 5 below
have been met, or upon such other date as Buyer and Seller hereafter agree upon in writing. If
Closing otherwise falls on a Saturday, Sunday or legal holiday, Closing shall occur upon the next
following business day.

4.2. Earnest Money Deposit. As security for Buyer’s obligations under this
Agreement, Buyer shall deliver to Seller an Initial Deposit of Twenty-Nine Thousand Nine
Hundred Dollars ($29,900.00) (“Initial Deposit”) as provided under Section 3 above. Unless this
Agreement is canceled by Buyer prior to the end of the Review Period under Section 5.3 of this
Agreement, the Initial Deposit will be nonrefundable subject only to the terms of Section 15.2 of
this Agreement, and at the election of Seller, retained by Seller or released from Escrow and paid
directly to Seller.

4.3. Closing Place. The Closing shall take place in the offices of Escrow
Agent at such address as the Escrow Agent shall provide.

4.4. Documents to be Delivered for the Closing. As a condition precedent to
Buyer’s obligation to close under this Agreement, Seller shall deposit or have deposited into
Escrow the following documents, instruments and other items at least one (1) business day prior
to the Close of Escrow (or sooner, if required elsewhere in this Agreement):

(a) A Special Warranty Deed, in the form and substance of the
attached Exhibit “B”, conveying the Real Property and the Improvements to Buyer subject to all
matters of record that have been approved in writing by Buyer;

(b) A Drainage Easement, in the form and substance of the attached
Exhibit “C”, conveying to Seller an easement for drainage retention as provided therein;

(d) IRS Form W-9;

(e) Any document required by the Arizona Department of Water
Resources and/or otherwise necessary for (i) the transfer by Seller to Buyer of all of Seller’s
right, title and interest in and to any and all ground and/or surface water rights appurtenant to or
owned or used in connection with the Property; (ii) the transfer or assignment of any claims in
any water rights proceedings or adjudications, and (iii) the notation of such transfer on any

ownership records maintained by the Arizona Department of Water Resources or other
applicable public records;

(f) Release documents in form and substance reasonably satisfactory
to Buyer, executed by all appropriate parties, releasing any monetary liens, leases, and/or
encumbrances against the Property that Seller is required by the terms of this Agreement to have
released;

(g) An affidavit or estoppel certificate from Seller in form acceptable
to Buyer indicating that there are no leases affecting the Property;

(h) All other documents or instruments necessary to satisfy
requirements for the title insurance to be provided to Buyer in connection with this purchase
transaction; and

(i) A “closing” or “pre-audit settlement” statement prepared by
Escrow Agent, in form and substance satisfactory to Buyer.

All such documents and instruments shall be duly executed and, where appropriate,
acknowledged.

4.5. Closing Items. At Close of Escrow, the transaction provided for herein
shall be consummated by Escrow Agent (a) delivering to Buyer or recording, as appropriate, the
documents and instruments referred to in paragraph 4.4 above and (b) disbursing funds to Seller
in accordance with the terms of this Agreement.

4.6. Title Policy. At Close of Escrow, Escrow Agent shall issue or cause to
be issued in favor of Buyer an ALTA standard coverage owner's policy of title insurance
insuring title to the Property in an amount equal to the Purchase Price, subject only to (a) the
usual exceptions, conditions and stipulations contained in the printed form of such a standard
coverage policy, and (b) those title defects or exceptions which are listed in the Title Report
(defined below), and which are deemed waived or approved by Buyer in accordance with
paragraph 5.1 below (the "Title Policy").

5. Buyer's Contingencies. Buyer's obligation to close under this Agreement is
subject to satisfaction of the following conditions precedent (any or all of which may be waived
by Buyer, in its sole discretion, but only in writing signed by Buyer's duly authorized agent):

5.1. Status of Title. As soon as reasonably possible after the Opening of
Escrow, Escrow Agent shall provide Buyer and Seller with a preliminary report of the title to the
Property, disclosing all matters of record which relate to the title to the Property, and Escrow
Agent's requirements for both closing the Escrow created by this Agreement and issuing the Title
Policy. At such time as Buyer receives the preliminary title report (and any amended report
adding additional title exceptions) (the "Title Report"), Escrow Agent shall also cause legible
copies of all instruments referred to in the Title Report to be furnished to Buyer. Buyer
shall have ten (10) days after receipt of the Title Report and the furnishing of all instruments
described in the Title Report to make objection in writing to Seller and Escrow Agent as to any

matter shown thereon. If Buyer fails to object within this period, the condition of title to the
Property shall be deemed approved. If Buyer does object to any matter disclosed in the Title
Report, Seller may elect to remove such objection before Close of Escrow. If Seller does not
elect to remove such objection, or if any such matter cannot be removed after Seller's attempts to
do so, Seller shall so notify Buyer and Escrow Agent, in writing, within twenty (10) days after
receipt of a written objection from Buyer, and Buyer shall elect in writing to Seller and Escrow
Agent within twenty (5) days after receipt of Seller's notice either: (i) to cancel the Escrow and
this Agreement without any penalty, charge or cost to Buyer or Seller; or (ii) to close Escrow,
waiving such objections and taking title subject to such matters. Failure to give notice to Seller
of Buyer's election shall constitute an election to waive the objection.

5.2. Additional Encumbrances. Except for matters which are to be released at
or as part of the Close of Escrow, Seller shall not voluntarily and affirmatively place, or cause to
be placed, any liens or encumbrances on the title to the Property from the date of this Agreement
through Close of Escrow or thereafter. If Seller voluntarily and affirmatively places, or causes to
be placed, a lien or encumbrance on the Property, contrary to the provisions of this Agreement,
which can be removed by the payment of money, Escrow Agent is hereby expressly authorized,
directed, and instructed to pay such moneys otherwise payable to Seller at Close of Escrow, and
the net proceeds otherwise available to Seller at Close of Escrow shall be reduced accordingly.
To the extent that moneys available to Seller at Close of Escrow are insufficient to cause any
such lien or encumbrance to be removed, Seller shall, on or before the date set for Close of
Escrow, cause additional money to be deposited with Escrow Agent to enable Escrow Agent to
remove the lien or encumbrance.

5.3. Investigation; Review Period. Buyer shall have until 5:00 p.m., Arizona
time, thirty (30) days after Escrow opens (the "Review Period"), in which to examine the
Property. During such time, Buyer may review, investigate, survey, conduct environmental
testing, and examine the Property at any time with any persons who it shall designate, including
engineers, environmental testing and soil testing personnel. Seller shall permit access to the
Property by Buyer and the persons so designated by it, and shall afford them the opportunity to
investigate, inspect and perform any tests upon the Property that Buyer deems necessary or
appropriate to determine whether the Property is suitable for Buyer's purposes, provided that
Buyer shall not unreasonably interfere with Seller's use of the Property. In the event that Buyer,
after conducting such inspections, investigations, and tests, discovers that the Property is
contaminated with hazardous or toxic substance or waste and either (a) the cost of remediating
the same will exceed the net proceeds to Seller in connection with the escrow, or (b) Seller
refuses to agree to use so much of the net proceeds as necessary to remediate the Property from
contamination with the hazardous or toxic substances or waste, Buyer may elect at any time prior
to the end of the Review Period to cancel this Agreement by written notice to Seller and Escrow
Agent, who shall, without further instruction from either party or any other person, promptly
return any documents deposited hereunder to the appropriate party, and this Agreement shall
thereafter have no further force or effect. If Buyer does not elect to cancel under this paragraph
within the Review Period, then Close of Escrow shall occur on the closing date specified in this
Agreement, provided that all other contingencies set forth in this Section 5, including, without
limitation, status of title requirements, are met.

5.3.1. Indemnification. In conducting or having conducted any review,
inspection, examination, investigation or test upon the Property, Buyer shall indemnify and hold
Seller harmless against liability, loss, cost, damage or expense which may arise out of any
personal injury or property damage resulting from such entry upon the Property, except to the
extent that such personal injury or property damage is caused by or contributed to by the conduct
of Seller or Seller’s agents, servants, employees or independent contractors. This
indemnification obligation shall constitute a covenant of Buyer that survives the Close of
Escrow.

6. Appraisal. Intentionally Deleted.

7. Seller’s Property Disclosure Form and Lead Based Paint Disclosure Form.
Intentionally Deleted.
8. Seller’s Representations and Warranties. Seller does represent, covenant and

warrant to Buyer as follows:

8.1. Seller shall not encumber the Property or any part thereof or interest therein,
or assign, convey, lease or transfer any part thereof or interest therein. To the best of Seller’s
knowledge, there is no existing default under any encumbrance on the Property (or any event
which, with the passage of time, giving of notice or both, would constitute a default), and Seller
shall keep all such encumbrances current until the close of escrow.

8.2. To the best of Seller’s knowledge, except as may be reflected in the Title
Report, there are no claims, actions, suits, or other proceedings pending or threatened by any
governmental department or agency or any corporation, partnership, entity, or person
whomsoever, nor any voluntary actions or proceedings contemplated by Seller, which in any
manner or to any extent may detrimentally affect Buyer's right, title, or interest in and to the
Property or the value of the Property or Seller's ability to perform Seller's obligations under this
Agreement.

8.3. No work has been performed or is in progress at the Property and no
materials have been furnished to the Property for which payment will not be made in a timely
manner.

8.4. Subject to the approval of the Chandler City Council by the enactment of
an Ordinance authorizing this sale, Seller has full power, authority and legal capacity to execute,
deliver, and perform this Agreement and all related documents or instruments. Except as
otherwise expressly provided herein, no consent, approval or authorization of any other person or
entity is required in connection with Seller’s execution or performance of this Agreement.

8.5. Neither the execution of this Agreement nor the consummation of the
transactions contemplated hereby will constitute a default or an event which, with notice or the
passage of time or both, would constitute a default under, or violation or breach of, any
agreement to which Seller is a party or by which Seller may be bound.

9. Buyer’s Representations and Warranties. Buyer does represent, warrant and
covenant to Seller as follows:

9.1. Buyer has full power, authority and legal capacity to execute, deliver, and
perform this Agreement and all related documents or instruments. Except as otherwise expressly
provided herein, no consent, approval or authorization of any other person or entity is required in
connection with Buyer’s execution or performance of this Agreement.

9.2. Neither the execution of this Agreement nor the consummation of the
transactions contemplated hereby will constitute a default or an event which, with notice or the
passage of time or both, would constitute a default under, or violation or breach of, any
agreement to which Buyer is a party or by which Buyer may be bound.

10. Costs and Prorations; Distribution of Net Proceeds.

10.1. Seller shall pay the cost of a standard coverage ALTA owner’s policy. All
escrow fees shall be split equally between Buyer and Seller. Any other costs or expenses shall
be paid by the party to whom they are specifically allocated hereunder.

10.2. All real property taxes, rents and assessments shall be prorated through
Escrow as of the Close of Escrow, based upon the most current available information.

10.3. Upon Close of Escrow and payment of all costs, expenses, fees, taxes,
rents, assessments, real estate commissions and other applicable charges of Seller, the net
proceeds to Seller shall be distributed to Seller.

11. | No Sales Commissions. Each party represents and warrants to the other that no
real estate sales or brokerage commissions or like commissions are or will be due from the other
party in connection with this transaction. Further, each party agrees to indemnify and hold
harmless the other party for, from and against any and all liability, loss, cost, damage or expense,
including but not limited to court costs and reasonable attorneys’ fees, resulting from any
assertion of a right to a brokerage commission as a consequence of any act or omission of such

indemnifying party.

12. Title Insurance Option. Buyer, at its option and cost, may obtain extended
coverage title insurance.

13. Non-Foreign Status. If Seller fails to deliver the Non-Foreign Certificate
described herein, or in the event Buyer has a reasonable basis for believing that the information
contained in any such Non-Foreign Certificate delivered by Seller is false or inaccurate, Buyer
shall be entitled to withhold, or to direct Escrow Agent to withhold upon the Close of Escrow,
from the sums to be delivered to Seller under Section 3, an amount equal to ten percent (10%) of
the Purchase Price, which sum may be paid to the Internal Revenue Service or United States
Treasury if Buyer, in Buyer’s sole discretion, deems it necessary to make such a delivery of such
funds. Notwithstanding the foregoing, any sums withheld upon the Close of Escrow under this
Section shall be considered, for all purposes, as having been paid and applied against the
Purchase Price hereunder.

14, Risk of Loss. Until the Close of Escrow, Seller shall bear all risk of loss with
regard to the Property.

15. Remedies.

15.1. In the event of default by Buyer, Seller may: (i) cancel this Agreement
fifteen (15) days after Seller gives written notice to Buyer and Escrow Agent that Buyer is in
default, if within such period such default has not been cured by Buyer; or (ii) proceed with
whatever steps Seller may deem necessary in order to enforce the rights and remedies available
to Seller under this Agreement, at law or in equity, including, without limitation, the right of
specific performance of this Agreement or recover its damages from Buyer.

15.2. In the event of default by Seller, Buyer may: (i) cancel this Agreement
fifteen (15) days after Buyer gives written notice to Seller and Escrow Agent that Seller is in
default, if within such period such default has not been cured by Seller; or (ii) proceed with
whatever steps Buyer may deem necessary in order to enforce the rights and remedies available
to Buyer under this Agreement, at law or in equity, including, without limitation, the right of
specific performance of this Agreement or recover its damages from Seller.

16. Notices. All notices, consents, approvals and waivers required or permitted
hereunder shall be given in writing and shall be effective upon personal delivery or direct
facsimile transmission, or three (3) business days after deposit in the U.S. Mail, registered or
certified, return receipt requested, postage prepaid, or one (1) business day after being deposited
with any commercial air courier or express service. All such notices shall be addressed as
follows or to such other address or addresses as the parties or Escrow Agent may from time to
time specify in writing delivered as provided in this paragraph:

If to Escrow Agent: Fidelity National Title Agency, Inc.
2720 E. Camelback Road, Suite 120
Phoenix, AZ 85016
Attn.: Christine Hughes, Office Manager
Phone: (480) 214-4550
Email: christine.hughes@fnf.com

If to Seller: City of Chandler
Real Estate Division
P.O. Box 4008, Mail Stop 400
Chandler, Arizona 85244-4008
Attn.: Erich Kuntze, Real Estate Manager
Phone: (480) 782-3397
Fax No.: (480) 782-3365
erich.kuntze@chandleraz.gov

With A Copy To: City of Chandler
City Attorney’s Office
P. O. Box 4008 MS 602
Chandler, AZ 85244-4008

Phone: (480)782-4640
Fax No: (480) 782-4351
jenny.winkler@chanderaz.gov

If to Buyer: Dinesh Palariya and Amisha Dham
1815 E. Balsam Place
Chandler, AZ 85286
Phone: (480) 304-0537
Email: dinesh.palariya@gmail.com

Tarun Chopra and Charu Chopra
7865 S. Palm Drive

Tempe, AZ 85284

Phone: (602) 743-2111

Email: tarun.chopra@gmail.com

17. Further Assurances. Promptly upon the request of the other or upon the request
of Escrow Agent, each party shall do such further acts and shall execute, have acknowledged and
deliver to the other party or to Escrow Agent, as appropriate, any and all further documents or
instruments reasonably requested in order to carry out the intent and purpose of this Agreement.

18. Other Important Provisions.

18.1. Modification and Waiver. Except as expressly provided herein to the
contrary, no supplement, modification or amendment of any term of this Agreement shall be
deemed binding or effective unless in writing and signed by the parties hereto. No waiver of any
of the provisions of this Agreement shall constitute or be deemed a waiver of any other
provision, nor shall any waiver be a continuing waiver. Except as otherwise expressly provided
herein, no waiver shall be binding unless executed in writing by the party making the waiver.

18.2. Exhibits. The Exhibits referred to herein and attached hereto (the
“Exhibits”) are incorporated herein by reference.

18.3. Litigation Expenses_and Attorneys’ Fees. In the event of litigation
involving this Agreement, the prevailing party in any such action or proceeding shall be entitled
to recover its costs and expenses incurred in such action from the other party, including without
limitation the cost of reasonable attorneys’ fees as determined by the judge of the court.

18.4. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law, but if any provision of this
Agreement shall be deemed invalid or prohibited thereunder, such provision shall be deemed
severed from this Agreement, and this Agreement shall otherwise remain in full force and effect.

18.5. Entire Agreement. This Agreement, including the Exhibits attached
_hereto, constitutes the entire agreement among the parties. All terms and conditions contained in
any other writings previously executed by the parties and all prior and contemporaneous

arrangements and understandings between the parties are superseded hereby. No agreements,
statements or promises about the subject matter hereof shall be binding or valid unless they are
contained herein.

18.6. Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of, and be enforceable by and against the parties to this Agreement and their
respective heirs, executors, administrators, personal representatives, successors and assigns.

18.7. Counterparts. This Agreement may be executed by the signing in
counterparts. The execution of this instrument by each of the parties signing a counterpart hereof
shall constitute a valid execution, and this instrument and all of its counterparts so executed shall
be deemed for all purposes to be a single instrument.

18.8. Applicable Law. This Agreement shall be governed by, and construed and
enforced in accordance with, the laws of the State of Arizona. This Agreement is subject to
cancellation for conflict of interest under A.R.S. § 38-511.

18.9. Headings and Construction. The descriptive headings of the paragraphs of
this Agreement are inserted only for convenience and shall not define, limit, extend, control or
affect the meaning or construction of any provision herein. Where the context requires herein,
the singular shall be construed as the plural, and neuter pronouns shall be construed as masculine
and feminine pronouns, and vice versa. This Agreement shall be construed according to its fair
meaning and any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement.

18.10. Survival. Except as expressly set forth herein, all representations,
warranties and covenants set forth herein shall survive the Close of the Escrow.

18.11. Time of Essence. Time is of the essence of this Agreement, and Buyer
and Seller hereby agree to perform each and every obligation hereunder in a prompt and timely
manner.

18.12 Possession. Upon the Close of Escrow, possession of the Property will be
transferred to Buyer.
SELLER: CITY OF CHANDLER, an

Arizona municipal corporation

By:

Erich Kuntze
Approved as to form: Real Estate Manager

Je . Winkler
Assistant City Attorney

BUYER:

reclasst 4

Dinesh Palariya

Deni oa>

Amish Dham

Tarun Chopra 2

Charu Chopra

ACCEPTED this day of >
2021.

FIDELITY NATIONAL TITLE AGENCY, INC.

By:

Christine Hughes

Office Manager

2720 E. Camelback Road, Suite 120
Phoenix, AZ 85016

EXHIBIT “A”

Parcel One:

The South half of the South half of the Southeast quarter of the Southeast quarter of the
Northeast quarter of Section 14, Township 2 South, Range 5 East of the Gila and Salt River Base
and Meridian, Maricopa County, Arizona

Except the East 55 feet thereof for public roadway, utilities, ingress and egress.

Parcel Two:

A portion of the northeast quarter of the southeast quarter of Section 14, Township 2 South,
Range 5 East, Gila and Salt River Base and Meridian, City of Chandler, Maricopa County,
Arizona, described as follows:

Commenting at the East quarter corner of said Section 14; Thence South 89 degrees, 13 minutes,
19 seconds West along the East-West mid-section line of said Section 14, a distance of 33.00 feet
to the Point of Beginning; ;

Thence South 00 degrees, 07 minutes, 57 seconds, East parallel with and 33.00 feet westerly of
the East line of said Section 14, a distance of 10.00 feet;

Thence South 89 degrees, 13 minutes, 19 seconds West parallel with and 10.00 feet South of the
East-West mid-section line of said Section 14, a distance of 629.51 feet.

Thence North 00 degrees, 06 minutes, 47 seconds West along the southerly prolongation of the
West line of the southeast quarter of the southeast quarter of the northeast quarter of said Section
14, a distance of 10.00 feet to the southwest corner of property described in deed to Sharon
Thompson, recorded as instrument no. 95-0764473, Maricopa County Records;

Thence North 89 degrees, 13 minutes, 19 seconds East along the East-West mid-section line of
said Section 14, a distance of 629.51 feet to the Point of Beginning.

Except the East 22 feet thereof for public roadway, utilities, ingress and egress.

EXHIBIT “B”
SPECIAL WARRANTY DEED

When recorded, mail to:

City of Chandler

City Clerk

P.O. Box 4008, Mail Stop 606
Chandler, AZ 85244-4008

APN: 303-42-003Q and 008P
Section 14, Township 2 South, Range 5 East

This document is exempt from Affidavit and Fee requirements pursuant to A.R.S. Sec. §11-1134

(A)G).
SPECIAL WARRANTY DEED

For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, the CITY OF CHANDLER, an
Arizona municipal corporation (“Grantor”) does hereby grant and convey unto

Dinesh Palariya and Amisha Dham, husband and wife as to a fifty
(50%) percent undivided interest; and

Tarun Chopra and Charu Chopra, husband and wife, as to a fifty
(50%) percent undivided interest

("Grantee"), that certain real property situated in Maricopa County, Arizona, and more
particularly described in Exhibit “A” attached hereto and made a part hereof by this reference
(the "Property"), together with all of Grantor’s right, title and interest, if any, in and to all

' improvements thereon, and all rights, privileges, easements, hereditaments, tenements and
appurtenances belonging to such Property.

SUBJECT TO current taxes and assessments not yet due, reservations in patents, and all
easements, rights of way, liens, covenants, conditions, restrictions, obligations and liabilities as

may appear of record.

Grantor hereby binds itself and its successors and assigns to warrant and defend the title
to the Property against all acts of Grantor and no other, subject to the matters set forth above.

PHOENIX\1202098.2

DATED this day of , 202

GRANTOR: City of Chandler, an Arizona
municipal corporation

Mayor Kevin Hartke

APPROVED AS TO FORM:

Ly)

Assistant City Attorney |

STATE OF ARIZONA )
) ss.
County of Maricopa )

The foregoing SPECIAL WARRANTY DEED was personally acknowledged before me
this __ day of » 202 , by the Mayor of City of
Chandler, Arizona, an Arizona municipal corporation.

Notary Public
My Commission Expires:

EXHIBIT “A”
Parcel One:

Except the East 55 feet thereof for public roadway, utilities, ingress and egress.
Parcel Two:

Thence South 00 degrees, 07 minutes, 57 seconds, East parallel with and 33.00 feet westerly of
the East line of said Section 14, a distance of 10.00 feet;

Thence South 89 degrees, 13 minutes, 19 seconds West parallel with and 10.00 feet South of the
East-West mid-section line of said Section 14, a distance of 629.51 feet.

Thence North 89 degrees, 13 minutes, 19 seconds East along the East-West mid-section line of
said Section 14, a distance of 629.51 feet to the Point of Beginning.

Except the East 22 feet thereof for public roadway, utilities, ingress and egress.

EXHIBIT “C”
DRAINAGE EASEMENT

When recorded, mail to:

City of Chandler

City Clerk

P.O. Box 4008, Mail Stop 606
Chandler, AZ 85244-4008

APN: 303-42-003Q and 008P
Section 14, Township 2 South, Range 5 East

This document is exempt from Affidavit and Fee requirement pursuant to A.R.S. § 11-
1134(A)(2).

DRAINAGE EASEMENT

For and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other
good and valuable consideration, the receipt of which is hereby acknowledged,

Dinesh Palariya and Amisha Dham, husband and wife as to a fifty (50%)
percent undivided interest; and

Tarun Chopra and Charu Chopra, husband and wife, as to a fifty (50%)
percent undivided interest

(“Grantors”), do hereby grant and convey unto the CITY OF CHANDLER, an Arizona
municipal corporation (“Grantee”), a perpetual easement in, on, over, under, across and
through that certain real property situated in Maricopa County, Arizona, more particularly
described in Exhibit “A’ attached hereto and incorporated herein by this reference (the
“Easement Property”), for the construction, maintenance, repair and operation of a storm
water drainage and retention basin; reserving, however, to Grantors, their heirs,
successors, representatives and assigns, all such rights and privileges in the land as may be
used without interfering with or abridging the rights and easements hereby acquired, and
provided that, after Grantors develop the property, Grantors shall be responsible for the
maintenance of the Easement Property consistent with the provisions of this Easement.

The aforesaid grant of easement shall be subject to the following covenants,
restrictions, and conditions:

1. This easement is subject to all easements and encumbrances of record, and

‘is non-exclusive, provided that later granted easements shall be subject to Grantee's rights

and uses. At the time of development of the larger parcel upon which this easement is
situated and of which the Easement Property is a part,

2. The City of Chandler will maintain the drainage basin until Grantors
development of the larger parcel upon which the easement is situated. Thereafter,
Grantors shall be responsible for maintaining the Easement Property in a manner that
ensures that Grantee's rights and privileges therein shall not be interfered with or abridged
in any manner.

3. In the event Grantee records a document to formally abandon this
easement, all of Grantee's rights hereunder shall cease, except the right to remove any and
all property placed upon the Easement Property within a reasonable time subsequent to
such abandonment.

A. The easement granted herein runs with the land, and the easement and all
covenants, restrictions and conditions hereof shall be binding upon Grantors, their
successors, and assigns, and shall inure to the benefit of Grantee, its successors, and
assigns.

DATED this day of , 20,

GRANTOR: Dinesh Palariya and Amisha Dham, husband
and wife as to a fifty (50%) percent undivided interest

By:
Dinesh Palariya
By:
Amisha Dham
STATE OF ARIZONA )
) ss.
County of Maricopa )

Acknowledged before me this day of _, 20 , by Dinesh Palariya.

Notary Public
My Commission Expires:

STATE OF ARIZONA)
)ss.

County of Maricopa )

Acknowledged before me this

day of , 20 , by Amisha Dham.

My Commission Expires:

STATE OF ARIZONA)
) ss.
County of Maricopa )

Acknowledged before me this

My Commission Expires:

Notary Public

GRANTOR:
Tarun Chopra and Charu Chopra, husband and

wife, as to a fifty (50%) percent undivided
interest

By:

Tarun Chopra

By:

Charu Chopra

day of , 20 , by Tarun Chopra.

Notary Public

STATE OF ARIZONA)
)ss.
County of Maricopa )

Acknowledged before me this day of , 20 , by Charu Chopra.

Notary Public
My Commission Expires: