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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company First American Title Insurance Company Date Address 2425 E. Camelback Road, Suite 309 Phone 602-567-8100 City Phoenix, AZ 85016 Fax Escrow Officer jad Johnson Email jJobnson@firstain.corn Escrow No. NCS-858334A-PI IX1 Grantor: Elliot Comer, LLC Phone: 623-869-0223 Contact: James Williamson Mailing Address: 6900 E. 2nd Street Email: City, State, Zip Scottsdale, AZ 85251 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: Real Estate Division, 2801 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or deposit Charges and Disbursements to be paid from Grantor's funds as follows with the Title Company if escrowed, the purchase price plus all lawful (check all that apply): costs incidental to closing as follows; Escrow Fees D Total Acquisition of Grantor's Property: Full release of all 'title Policy Fees 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 Total Escrow & Title Fecs TED 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 Deed the lien of the current year's taxes in full. Easement Mortgage Release E] Partial Acquisition of Grantrils Property: Partial release of all Release of Lease. monetary liens and encumbrances, and leases of any kind. At the discretion of hilarir.opit County, pay due and delinquent Total Recording Fees TED property taxes and general and special improvement — assessments, including full payment of taxes and Other Charges: assessments on individual assessor parcels within the Release Fees Maricopa County's partial acquisition, and any Certificate( of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. El Easement(s): Consent to easerricat(e) by secured party (ies). Total Other Charges TED 0 Other Disbursements: Sub Total TED Title Report Credit Possession date: Upon Signature Land & Improvements* $10.00 Close of escrow: Severance Damages Date of recording: TCF. Cost to Core Legal Description Exhibit "A" Yes 1:0 No El Depiction Exhibit "B" Yes El No El Total Closing Costs*** Special Conditions Right of Way Contract Yes Egi No [1] Exhibit "C" Total Purchase Price $10.09 Special Warranty Deed Exhibit "D" Yes E] No D TOTAL WARRANT** $10.00 *Escrow and title policy fees based on this amount only. **Sum of "Total Purchase Price" only. ***All Closing Costs to he paid by Seller. PrOect: Tuthill Road (south of Elliot Road) PCN; TT0008 Assessor Parcel No.: 400-52-956A Item No DD-10859 Right of Way Agent; Mona Cervantes, SR/WA Telephone # (602)506-5249 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 fonds 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 Division 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. The property owner 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 dosing 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 tide insurance herein are not applicable. If this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNIY 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 expressed herein is likewise; 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. If MARICOPA COUNTY is acquiring only a portion of Grantor's property, then Grantor grants to MARICOPA COUNTY, Its agents, employees and contractors, the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of way, if required. MAIUCOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the Grantor's property caused by IvIARICOPA 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 properly. All claims shall be submitted in accordance with the requirements of ARS 12-821. Its further understood and agreed that this temporal) , tight will expire and tettninate thirty 00) days after completion of the above referenced project. 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. At the close of Escrow, Grantor shall convey to Grantee fee simple title to the Exhibit "A" Subject Property by Special Warranty Deed, in the form of Exhibit "C" attached hereto, to be recorded at the close of escrow. Grantee agrees that: the Subject Property shall be purchased in an "as-is" condition; and Grantee is purchasing solely upon the basis of its own investigation of the Subject Property; and no representations or warranties of any type or nature are being made by Grantor, including but not limited to any environmental conditions or other matters. It is hereby disclosed that Stephen R. Smith holds an Arizona real estate brokers license. 2 1:6txtstrti8 Atici Gf4ifOr acknowledge.s that it will use the.SUbject PrOperty fox the upgrade; itim:altation,. construction and future maintenance of a roadway therein as needed and required -for the general -welfare and benefit of the public, RECOMMENDED FORAPPROVAL; ACCEPTED AND APPROVED: MAMOVA _COOKA-V-PAPARTMENT MAIMOPA CCRINTY -FIOARD OF IMANSPORTATION SUPERVISORS By; Patrick). IvIcOlociei it:Mailbox tillialrrngn of the Bokd .A11 hST: Approved as to Thrff wthM the powers grid audrority of the Board of fArtrIc of the Board of SuptrviStirs SuperviSbrs Accepted Date ESCIRO‘tf . OVPMER Deputy County Attorney Date Date 3 • Grantee represents arid Grantor acknowledges that it will use the Subject Property for the upgrade, installation, construction and future maintenance of a roadway therein as needed and required for the general welfare and benefit of the public. GRANTOR: ELLIOT CORNER, LLC RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: By: MARICOPA COUNTY DEPARTMENT MARlCOPA COUNTY BOARD OF Stephen R. Smith, Member OF TRANSPORTATION SUPERVISORS Affe By: Patrick! Refal ProperWmage Chairman of the Board ATTEST: Date Approved as to form within the powers -and authority of the Board of Clerk of the Board of Supervisors Supervisors Accepted Date ESCROW OFFICER Deputy County Attorney Date Date 3 EXHIBIT W DESCRIPTION OF RIGHT OF WAY DEDICATION OVER A POR770N OF A.P.N. 400-52-956A That portion of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 18, Township 1 South, Range 2 West of the Gila and Salt River Base and Meridian, Mar/cope County, Arizona, being more particularly described as follows: COMMENCING at a brass cap stem in handhole marking the Northeast corner of said Section 18, from which a 3 Inch Madcap° County Department of Transportation brass cap in handhole stamped 54707, 2017, marking the East quarter corner of said Section 18 bears South 01 degree 16 minutes 42 seconds East 21 648.79 feet; THENCE South 01 degree 16 minutes 42 seconds East 662.20 feet along the East line of said Northeast quarter to the South line of said Northeast quarter of the Northeast quarter of the Northeast quarter of Section 18; THENCE South 89 degrees 53 minutes 25 seconds West 40.01 feet along said South line to the West line of the East 40,00 feet of said Northeast quarter and THENCE the POINT continuing OF BEGINNING; South 89 degrees 53 minutes 25 seconds West 25.01 feet along said South line to the West line of the East 65.00 feet of said Northeast quarter; THENCE North 01 degree 16 minutes 42 seconds West 220.05 feet along said West THENCE line; North 89 degrees 53 minutes 25 seconds East 25.01 feet to said West line of the East 40.00 feet of said Northeast quarter; THENCE South 01 degree 16 minutes 42 seconds East 220.05 feet along said West line to the POINT OF BEGINNING. COMPRISING 0.126 acres or 5,501 square feet more or less, subject to all easements of record. LAND 44eiCA7.047P 41 0 42 .137 ° DAVID S, KLEIN 9'S 9/4/18 2122 W. Lone Cactus Dr. Ste, 11, Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) www.superiorsurveying,corn SURVEYING SERVICES, INC. infoasuperiorsurveying.corn DATE: 9/4/18 JOB NO.: 110828 11 Ste. LENGTH 40.01' 25.01' 220.05' 25.01' 220.05' Dr., 85027 (office) (fax) W W W E E Cactus AZ www.superiorsurveying.corn info@superiorsurveying.com TABLE - B.C.HH. Lone 623-869-0223 623-869-0726 170828 HH. BEARINGS 89'53'25" 89'53'25" 0176'42" 89'53'25 01'16'42" 18 T. Phoenix, NO.: 18 IN LINE SEC. 0. W. SEC. STEM S S N N S COR. R-2W C.D. 2122 JOB R-2W M. I COR. S, ac. LINE LI L2 L3 L4 L5 1/4 3- E. T-15, FD. 1NC. NE. T-1 FD. SERVICES, 40. SUMO!! 914118 SURVEYING OF DATE: BEGINNING POINT OF DEDICATION DEDICATION 400-52-956A RIGHT 73ff WAY OF 400-52-956A '4 1/4, WAY A.P.N. 25 PORT/ON NE. 1 NE. SCALE OF OF A.P.N. LINE, 1/4, 18 II TO EXHIBIT RIGHT S. NE. SEC. NOT OF PORTON DEPICTION A OVER Exhibit RIGHT OF WAY AGREEMENT Pa.rcel 400-52-956A Project No "110008 Tuthill Road (South of Elliot Road) Item No DD-10859 (Me) — 20,17105 WHEREAS in consideration hereinafier set forth, it is agreed, that this instrutnent contains the entire agreement between the Grantor and Maricopa County. No father consideration is being paid than described. in this contract. TVIE COUNTY OF MARICOPA AGREES: A. To use the keal ptopetty described itiRyhibit "A," kr the general Ncrelfge and benefit Of the public. B. To pay the Grantor tlie suit TEN And no/100 doliAts ($1'0.00) as payment-in full for the property described C. That, herein. if in the opinion of TranspOrtation D.irector it becomes ii&-csAty, private structures will be relocated id'Iritid to the anntoes property, dear of the property described h&ein, at no expense to the County. Tag (.410.KroA AE& 1. To grant a Special Warranty Deed fOr-the ieafptopttty Fahibit "A'i to :the Connv of MAticopa for the '.00±A1vielf40 and benefit the dollars pnblic ($10.00) as payment in full for the property described herein. 2: To accept die-sum of TEN and no/100 .obligates Maricopa County to consri4iet or rnAiritaill a roadway 3. That acceptance of this:propertyln..no way within the Right of Way granted by thia cTandot, 4 Exhibit "D" SPECIAL WARRANTY DEED Parcel No.: 400-52-956A Project No,: TT0008 Project Name: MC85 Project Termini: Tuthill Road (south of Elliot Road) Item No.: DD10859 (MC) For the consideration of TEN and No/100 DOLLARS ($10.00) Elliot Corner, LLC, an Arizona limited liability company, do hereby convey to Maricopa County, a political subdivision of the State of Arizona, the following real property situated in Maricopa County, Arizona: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION Subject to current taxes and other assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, restrictions, obligations and liabilities as may appear of record and all other matters that a survey or visual inspection will disclose, the. GRANTOR warrants the title against all acts of the Grantor herein and no other.