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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Empire West Title Agency Date May 17, 2018 Address 4808 North 22nd Street, Suite 100 Phone 602-749-7152 City Phoenix, Arizona 85016 Fax Escrow Officer Sharon Dyke Email sharond@ewtaz.com Escrow No. 76473EW Grantor: SF-2013, L.L.C., and Arizona limited liability company Phone: 602-376-5432 Contact Tommy DeJong Phone: Mailing Address: 14400 South Airport Road Email rvdtdj@aol.com City, State Zip Buckeye, Arizona 85326 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: I Real Estate Department, 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 Tide Company if escrowed, the purchase price plus all lawful (check all that apply): costs incidental to closing as follows: Escrow Fees TBD ID Total Acquisition of Grantor's Property: Full release of all Tide Policy Fees TBD 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 oS4 Title Fees 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 D Partial Acquisition of Grantor's Property: Partial release of all Release of Lease monetary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent Total Recording Fees 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) of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges 111 Other Disbursements: Sub Total Title Report Credit Drainage Easement $2,900.00 Possession date: Additional Compensation $8,375.00 Chase of escrow: Date of recording: Special Conditions Right of Way Contract Yes No D Exhibit "B'' Total Closing Costs TED Entry Agreement Yes D No Z Total Purchase Price $11,275.00 Addendum attached hereto and made a Yes No El TOTAL WARRANT** TBD part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: TT0560 PCN: TT0560 Assessor Parcel No.: 402-03-011P Item No D23496 Right of Way Agent: Jennifer Rodriguez Telephone # 602-506-4897 Page 1 of 3 The GRANTOR, having executed a conveyance of certain real property rights to the GRANIEE 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, tide 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 IvIARICOPA 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 he retained in the escrow file. Ivlaticopa 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, Alaricopa 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 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 IVIARICOPA 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 CO UNTY'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. Ali 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, nos for any other evidentiary purpose, in conjunction wiare jir= .C1-aisadministrative proceeding. GRANT t RECOMMENDED FOR APPROVAL ACCEPTED AND APPROVED: SP-2013, C., an rzo • rrni d liability compan MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF L 1 / I . . ?I / OF TRANSPORTATION SUPERVISORS 111MM1ILMF. fl BY . j , It 40",7''' Real Proper , anager Chairman of the Board ITS ATIEST: Date DA .b. Approved as to form within the powers and authority of the Board of 5 g- 18 Clerk of the Board of Supervisors - Supervisors Accepted Date ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 402-03-010 Project No.: 110560 Project Name: Butterfield Wash Item No.: D23496 GR) WHEREAS in consideration hereinafter set forth, it is agreed that this instalment 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 Grantors the sum of Two Thousand Nine Hundred and No/100 Dollars ($2,900.00) as payment in full for the Drainage Easement on property described herein. C. To pay the Grantors the sum of Eight Thousand Three Hundred Seventy Five and No/100 Dollars ($8,375.00) as payment in full for the additional compensation located on the property D. That, if in the opinion of the Transportation Director it becomes necessary, private structures will be relocated in kind to the Grantor's property, dear of the property described herein, at no expense to the Grantor except as may be herein otherwise agreed. E. That no costs relating to construction of roadway improvements on Project No. T1`0560 will be charged to the Grantor. THE GRANTORS AGREE: 1. To grant a Drainage Easement for the real property described in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of Two Thousand Nine Hundred and No/100 Dollars ($2,900.00) as payment in full for the Drainage Easement on property described herein. 3. To accept the sum of Eight Thousand Three Hundred and No/100 Dollars ($8,375.00) as payment in full for the additional compensation located on the property 4. 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 "D" Page 3 of 3 Parcel No 402-03-011P Project No TTOS60 OLD 118 80 AT itUTTERFIELD WASH 1 • licit No D23496-2 EXIBBEIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A portion of that certain property described in Document 2015-0010308, Records of the Recorder, Maricopa County, lying within the Northeast Quarter of Section 4, Township 5 South, Range 4 West of the Gila and Salt River Base and Meridian, Marieopa County, Arizona, being more particularly, described as follows: Commencing at a 3 inch Maricopa. County Highway Department Aluminum Cap marldng the Common corner of Sections 33 and 34, TOwnship 4 South, Range 4 West, and Sections 3 and. 4, Township 5 South, Range 4 West, from which the East quarter corner of said Section 4 bears South 00036'51" West, a distance of 2659.20 feet; thence along the East line of said Northeast Quarter South 00°36'51" West, a distance of 852.79 feet; thence departing said section line North 89'2309" West, a distance of 50.00 feet to a point on the West right of way line of Old U.S. Highway 80 and the point of beginning; thence North 89°3639" West along the South property line of Parcel No. 3 of said property described in Document 2015-0010308, a distance of 250.00 feet; thence departing said property line North 00°36'51" East, a distance of 74.24 feet; thence South 89 035152" 'East, a distance of 126.98 feet; thence North 53 01626" East, a distance of 79.42 feet; thence South 89'2906" East, a distance of 59.88 feet to the West right of way line of Old U.S. Highway 80; thence South 00°3651" West along said West right of way line, a distance of 122.00 feet to the point of beginning. The above described parcel contains 22,933 square feet or 0.5265 acres, more or less. MARICO PA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: Chk: APNIS 11) -13---,417 Ma ricopa County Public Wokks - Real NO BEARING LENGTH POC Ll . N 89°23'09" W 50.00' L2 N 89036139" W 250.00' L3 N onni " E 74.24' , L4 S 89°35'52" E . 126.98' L5 N 53016126" E 79.42' L6 S 89°29'06" E 59.88' Not to Scale L7 S 00°36 151" W 122.00' EXIST R/W 852.79' D23496 SF-2013 LLC W 402-03-011P 00°36151" L6 S 402-03-014 Co NEW DRAINAGE L4 EASEMENT \BUTTERFIELD WASH , Li 0 L2 POB 50' 0 ' 402-03-016 CAMELBACK 240 ACRES LP \ 1 402-03-011X EXIST R/W Total Req`cl. R/W Area: 22,933 square foot or O 265 acres MARICOPA COUNTY OLD US 80 AT BUTTERFIELD WASH PROJECT Na. TT0560 ITEM No. D23496-2 DATE 10111/2017 MAR1COPA COUNTY R/I/1/ AGENT IR.