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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Empire West Title Agency Date 7/30/2018 Address 4808 N. 22nd St. S-100 Phone 602-749-7152 City Phoenix, Arizona 85016 Fax 480-566-6433 Escrow Officer Sharon Dyke Email Escrow No. 89181EW Grantor: Ashby Land, ILC, an Arizona limited liability company Phone: 623-208-2908 Contact Stanley H. Ashby Phone: 623-935-4505 Mailing Address: 16367 W. Hilton Avenue Email City, State Zip Goodyear, Arizona 85338 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: I Real Estate Department, 2801 W. Diaango 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 closin as follows: milmilmi mai Escrow Fees TBD 111111111111111111111111111111.1 I:I Total Ac uisition of Grantor's Pros er ,: Full release of all Title Policy Fees 'IBD • Il monetary liens and encumbrances, and leases of any kind. Pa . in full all due and &lin. uent real *roe er taxes and • . • enema' and s • ecial imorovement assessments. Prorate the Total Escrow & Title Fees TED current ear's real *ro per taxes on closin: that occur on or IIIIIIIIIM E after the 3rd Monda , of Au St each car. Escrow A zent 1.1111111110 1111.1111111 FIEMINE shall withhold the prorated amounts from each at and a Deed • the lieu of the current year's taxes in full. Easement Mort e Release • • Partial Acquisition of Grantor's Proserty: Partial release of all Release of Lease MMuiwywrtuomiltal •iltotoltiwoutlimmomItualtotWiliALIM11.= • • At the discretion of Maricopa County, ay due and delin•uent Total Recording Fees TBD pro s Cr ' taxes and . neral and s . eciqlim srovement . assessments, includin• full a ,ment of taxes and Other Char. es: ' IS I ill • I IV , „ W . t1 . Release Fees • Marico *a Count 's *artial ac•uisition, and an , Certificate s S.R.V.W.U.A. • of Purchase. The current year's taxes shall not be prorated Taxes - Prorated re. ardless of the closin. date. IIIIIIMIIIIIMIIMIIIIIIMIMIIIIIIIIIIIIIIIMIIII IIIIIIIIIIIIINM ' Easement(s : Consent to easement s b secured • ar , ies . Total Other Char • es 0 Other Disbursements: Sub Total TED 1. 11111111111111111111.11 M Title Resort Credit MIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIM Land* 111 Possession date: Improvements* _c • Close of escrow: Drains Easement * $1,350.00 • Date of reeorclin : • Special Conditions ' ht of Wa Contract Yes lti, No • • Exhibit ''B" Total Closin Costs TBD • Entr 'A cement Yes • No ,.. Total Purchase Price $1,350.00 • Addendum attached hereto and made a Yes 0 No 121 TOTAL WARRANT** TED Bart hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: TF0588 — A.1sup Avenue at Bethany Home Road PCNI IT0588 Assessor Parcel No.: 501-60-0111) Item No 1)23451-2 Right of Way Agent: Geoffrey L. Holloway Telephone # 602-506-5248 Page 1 of 3 The GRANTOR, having executed a conveyance of a drainage casement to the GRANTEE as described in the Exhibit(s) attached hereto and made a part hereof, and having delivered same to the above Tide Company as Escrow Agent, said agent is directed to deliver said conveyance to MAIUCOPA COUNIY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. 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 die 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. Dviaricopa 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. Early 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. Grantee shall be responsible to the extent that loss or damage occurs out of Grantee's occupation or use of the Grantor's property or the easement property caused by Grantee's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of Grantee's occupancy or use of Grantor's property or the easement property. All claims shall be submitted in accordance with the requirements of ARS 12-821. 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: Ashby Land, LLC, an Arizona RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: limited liability company, By: SHA-2015, LLLP, an Arizona Limited liability partnership, its Member By: SHA-AZ Investments, LLC, an Arizona limited liability company, its General P tnet.r .; MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF 4, OF TRANSPORTATION SUPERVISORS 'fly: tanley H. As11Y, Manager Date: '' :,7")- , e Property lanage Chairman of the Board i' 1// /V NITEST: Date Approved as to form within the powers and authority of the Board of Cleric of the Board of Supervisors Supervisors Accepted Date ESCROW OFFiCliR Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 501-60-011-D Project No.: 110588 Project Name: Alsup Avenue at Bethany Home Road Item No.: D23451-2 (GLH) WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between the Grantor and Maticopa County. No further consideration is being paid than described in this agreement. THE COUNTY OF MARICOPA AGREES: A. To use the easement property described on Exhibit "A" only for drainage purposes as set forth in the easement and that such easement shall be used for the general welfare and benefit of the public. B. To pay the Grantor the sum of One Thousand Three Hundred Fifty Dollars and No/100 DOLLARS ($1,350.00) as payment in full for the easement granted hereby. C. GRANTEE agrees to relinquish all rights granted herein to the above described property in the event that the Grantor OR GRANTOR'S SUCCESSOR IN INTEREST shall at any time in the future develop the parcel containing the easement, PROVIDED THAT THE DEVELOPMENT INCLUDES drainage facilities approved to the satisfaction of the GRANTEE's County Engineer and/or the municipality or municipalities having jurisdiction at this location at the time of development. D. That, if in the opinion of the Transportation Director, it becomes necessary, fences and private structures will be removed and replaced in kind, at no expense to the Grantor. Any ground cover disturbed from its original state will also be replaced in kind. E. That no costs relating to construction of Project No. TT0588 will be charged to the Grantor. F. Grantee shall be responsible to the extent that loss or damage occurs out of Grantee's occupation or use of the Grantor's property or the easement property caused by Grantee's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of Grantee's occupancy or use of Grantor's property or the easement property. All claims shall be submitted in accordance with the requirements of ARS 12-821. THE GRANTORS AGREE: 1. That it has granted a drainage easement over the easement property described on Exhibit "A" to the County of Maricopa and/or its agents as that such easement may be used for the general welfare and benefit of the public. 2. To accept the sum of One Thousand Three Hundred Fifty Dollars and No/100 DOLLARS ($1,350.00) as payment in full for the easement granted hereby. Page 3 of 3 Parcel No. 501-60-011 D Project No. TT0588 ALSUP AVENUE AT BETHANY HOME ROAD Item No. 023451-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A parcel of land lying within the Southwest Quarter of Section Seven, Township Two North, Range One West of the Gila and Salt River Meridian, and being more particularly described as follows: Commencing at the South Quarter corner of said Section 7, being an iron pipe, from which a Luke Air Force Base Corner, a rebar, bears North 00 00126" West along the North-South midsection line, for a distance of 540.79 feet; thence along said North-South midsection line North 00 001 126" West, for a distance of 540.79 feet to a Luke Air Force Base corner; thence along a boundary line of Luke Air Force Base South 42 04746" West, for a distance of 48.62 feet to the West right way line of Alsup Avenue and the Point of Beginning; thence departing said boundary line along said West right of way line North 00°02'54" East, for a distance of 58.25 feet; thence departing said West right of way line North 89°57'06" West, for a distance of 50.00 feet; thence South 00°02'54" West, for a distance of 112.35 feet to said boundary line; thence along said boundary line North 42 047 146" East, for a distance of 73.66 feet to the Point of Beginning. The above described parcel contains 4,265 square feet or 0.0979 Acres more Or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES-12/3/17 Chic Appr: Rev: Maricopa County Public Works - Real Estate Division EXPIRES 12 / 31 /2017 GRANTOR Vft-1,,_ DATE EXHIBIT "A" LUKE AIR FORCE BASE BOUNDARY LINE D23451-2 ASH BY LAND LLC N. T.S. 501-60-011D DRAINAGE EASEMENT NO. BEARING LENGTH LUKE AFB Ll S 42°47'46" W 48.62' CORNER L2 N 00°02'54" E 58.25' FD. 5/8" REBAR L3 N 89°57'06" W 50.00' L4 S 00°02'54" W 112.35' L5 N 42°47'46" E 73.66' LUKE AIR FORCE- LN BASE BOUNDARY LINE 501-60-013 SEC MID 261W N00°01 SEC LN 2074.68' 500.12' 889°55 111"E 589°53'57"E LUKE AFB CORNER D23451-2 Drainage Easement: FD. 5/8" REBAR EXPIRES 12 /31/2017 4,265 square feet or 0.0979 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT Alsup Ave at Bethany Home Road R/W Agent: XX PROJECT No. TT0588 ITEM No, D23451-2 DATE 12-3-17 M,C.D.O.T. Tech: RES