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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date January 5, 2018 Address 3200 E. Carnelback Rd., Suite 200 Phone (480)596-5022 City , Phoenix, AZ 85018 Fax (4840)596-5031 Escrow Officer Mark Osborn Email MOsborn@natcom Escrow No. 29400-17-84523 Grantor: SMT Investors LP et al Phone: (602)385-4213 Contact: Rory Blakernore Address: 1242 E. Jackson St. Email RBlakentore@cowleyeo.corn City, State Zip Phoenix, AZ 85034 Fax: 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 deposit Charges and Disbursements to be paid from Grantor's funds as follows with the Title Company if escrowed, the purchase price plus all (cheek all that apply): lawful costs incidental to closing as follows: I I Escrow Fees • 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 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 P 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) S.R.V.W.U.A. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. I I4 Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges I • Other Disbursements: [ Sub Total Title Report Credit Land"' Possession date: Improvements* Close of escrow: Slope Easement 3,700.00 Date of recording: Special Conditions Right of Way Contract Yes El No • Exhibit "B" Total Closing Costs Entry Agreement Yes III No lE1 Total Purchase Price 3,700.00 Addendum attached hereto and made a Yes Ill No Z TOTAL WARRANT** part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: MC85 (Liberty School to Cotton Lane) PCN: 110548 Assessor Parcel No.: 502-49-017G Item No D23459 Right of Way Agent: Kimberly Romero Telephone (602)506-8685 Page 1 of 6 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 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. 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. Page 2 of 6 GRANTOR: GRANTOR: GRANTOR: Du Haben Investments, LLLP Gente Boa Investments, LLLP San Isidro Six Investments, Lt..0 an Arizona limited liability limited an Arizona limited liability limited an Arizonp limited liability corTipan partnership partnership By: CCT Investors, LLC By: CCT Investors, LLC By: an Arizona limited liability company an Arizona limited liability company Its: General Partner Its: General Partner Its: Man By: Cowley Companies, Inc. By: Cowley Companies, Inc. an Arizona corporation an Arizona corporation Its: Manage Its: Manadar By: Miclyiel T. Cowley By: P9Ichael T. Cowl It's: Prisident It's:firesident GRANTOR: GRANTOR: GRANTOR: San Felipe Neri Investments, LLLP Vista Hermosa Holdings, LLLP Go West Too Profit Sharing Plan an Arizona limited liability limited an Arizona limited liability limited partnership partnership By: CCT Investors, LLC By: CCT Investors, LLC By: an Arizona limited liability company an Arizona limited liability company Nathan Learner, Trustee Its: General Partner Its: General Partner By: Cowley Companies, Inc. By: Cowley Companies, Inc. an Arizona corporation an Arizona corporation Its: Manag Its: Manager By: Micyael T. Cowley By: Fichael T. Cow Its: Pristdent It's/President GRANTOR: GRANTOR: GRANTOR: SCM Chon, LLLP SCM K Neal, LLLP SMT Investors Limited Partnership an Arizona limited liability limited an Arizona limited liability limited an Arizona limited partnership Partnership Partnership By: Strategic Capital Management, LLLP By: CCT Investors, LLC an Arizona limited By: Strategic Capital Management, LLLP an Arizona limited liability limited liability company an Arizona limited liability limited partnership partnership Its: General Partner Its: General Partner Its: General Partner By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, By: Cowley Companies, Inc. an Arizona limited liability company LLC an Arizona limited liability company an Arizona corporation Its: General Partner Its: General Partner Its: Manager By: Emerson investments, LLC By: Emerson Investments, LLC an Arizona limited liability company an Arizona limited liability company Its: Mambo Its: Memb By: Micyael T. Cowie By: Mt /Mae! T. Cow By: plichael T. Co Its: Mimber Its: Mimber Its/President Page 3 of 6 GRANTOR: GRANTOR: GRANTOR: SCM KDL, LLLP SCM -Neal, LLLP SCM Neal TS, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited Partnership Partnership Partnership By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited partnership partnership partnership Its: General Partner Its: General Partner Its: General Partner By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company Its: General Partner Its: General Partner Its: General Partner By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company Its: Member Its: Mem Its: iVlem By: MichaeA T. Cowley By: M)6hael T. Cow By: ; tchael T. Cowie Its: IVIemb Its: M‘mber Its: ember GRANTOR: GRANTOR: GRANTOR: SCM Okland, LLLP SCM Cleiriman, LLLP SCM Spectrum, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited Partnership Partnership Partnership By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited partnership partnership partnership Its: General Partner Its: General Partner Its: General Partner By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company Its: General Partner Its: General Partner Its: General Partner By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company Its: Mernb Its: Membe Its: Membe By: Mi ael T. Cowley By: MiOael T. Cowley By: Mrchael T. Cowley, Its: IVI mber Its: IVIeber Its:,fliember GRANTOR: GRANTOR: GRANTOR: SCM Farnsworth, LLLP SCM Hall, LLLP SCM Shill, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited Partnership Partnership Partnership By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited partnership partnership partnership Its: General Partner Its: General Partner Its: General Partner By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company Its: General Partner Its: General Partner Its: General Partner By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC an Arizona jimited liability company an Arizona limited liability company an Arizona limited liability company Its: Member Its: Mamba Its: Member By: MiChel T. Cowley By: MiVael T. Cowley By: MiAael T. Cowley Its: Meniber Its: Meber Its: Wrnber Pa.2e 4 of 6 GRANTOR: GRANTOR: GRANTOR: SCM McAllister II, LLLP SCM Rosenthal Press, LLLP SCM Tanner, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited Partnership Partnership Partnership By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited partnership partnership partnership Its: General Partner Its: General Partner Its: General Partner By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company Its: General Partner Its: General Partner Its: General Partner By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC an Arizona limited liability company an Arizona lirnited liability company an Arizona limited liability company Its: Member Its: Member Its: Membe By: Micha By: Mich T. Cowley By: Miithael T. Cowley Its: Member its: Meraer Its: 106mber GRANTOR: GRANTOR: GRANTOR: SCM Williams, LLLP SCM Salmon, LLLP SCM Toone, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited Partnership Partnership Partnership By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited partnership partnership partnership Its: General Partner Its: General Partner Its: General Partner By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company Its: General Partner Its: General Partner Its: General Partner By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company Its: Member Its: Membe Its: Membe Lar,' By: Micyael T. Cowley By: Mjihael T. Cowley By: 1T€hael T. Cowlem Its: MeAber Its: Wernher Its: Member • RECOMMENDED FOR APPROVAL: • ACCEPTED AND APPROVED: MIIIMIIIMIIII=IIIMMIIII• MARICOPA COUNTY DEPARTMENT • MARICOPA COUNTY BOARD OF OF TRANSPORTATION • SUPERVISORS IMIIIMPAIMENIMIME 1111Mr"- aillIMIIIMIMMEM • liggVAZ IE Real Propel ranch Manager 11. Chairman of the Board • MllMr1iIllrAIMIMIIIMIM MILIWNWi lli ATTEST: • Date El III Approved as to form within the 1 powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Accepted Date ESCROW OFFICER • Deputy County Attorney Date • Date RES/KGR Revised 2/3/2017 Page 5 of 6 Parcel No. 502-49-017 G Project No. TT0548 MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE Item No. D23459-4 EXHIBIT "A" LEGAL DESCRIPTION FOR SLOPE EASEMENT A parcel of land being a portion of that property as described in Document 2015-0297060, Maricopa County Records, lying within the Southwest Quarter of Section Twenty Six, Township One North, Range Two West of the Gila and Salt River Meridian, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 26, being an aluminum cap 1.7 feet down, from which the West Quarter corner of said Section 26, an aluminum cap 2.0 feet down, bears North 00016'32 1 East, a distance of 2646.73 feet; thence along the West line of said Section 26 North 00°16'32" East, a distance of 987.53 feet to the North right of way line of MC 85; thence along said North right of way line North 38 051'30" East, a distance of 551.51 feet to a point on the South line of said property and the POINT OF BEGINNING; thence along said South property line North 38'51'30" East, a distance of 595,39 feet to the North line of said property, also being the South line of Buckeye Canal; thence along said North property line North 82°26'52" West, a distance of 17.56 feet; thence departing said North property line South 38 051 130" West, a distance of 586.26 feet; thence South 51 006133" East, a distance of 15.00 feet to the POINT OF BEGINNING. The above described parcel contains 8,862 square feet or 0.2035 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 9/1/17 Chk: APPr: LV /0-0 .3 -Ai Rev: Maricopa County Public Works - Real Estate Division GRANTOR eybf--- DATE EXHIBIT "A" N.T.S. 4 D23459 4' Emerson Investments LLC 502-49-017G 6'32"E SLOPE ESMT:___ _----1 / , / i °1 N00 / •()) i q:? / /6/ / /4. L2 POB NO. BEARING LENGTH Li N 82°26'52" W 17.56' L2 S 51°06'33" E 15.00' D23459-4 Slope Easement: 8,862 square feet or 02035 acres MARICOPA COUNTY REAL ESTATE DEPARTVENT MC85 - Liberty School Road to Cotton Lane PROJECT No. 70548 ITEM No, D23459-4 DATE 9-7-17 M.C.D.O.T, R/W Tech: Agent: RES K.R. EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 502-49-017G Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23459 (KGR) WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between the Grantor and Marieopa County. No further consideration is being paid than described in this agreement. MAR1COPA COUNTY AGREES: A. To use the real property described herein Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantors the sum of Three Thousand Seven Hundred and No/100 Dollars ($3,700.00) as payment in full for the Slope Easement on the property described herein. C. That, if in the opinion of the Transportation Director it becomes necessary, private structures will be relocated in kind to the Grantor's property, clear of the property described herein, at no expense to the Grantor except as may be herein otherwise agreed. D. That no costs relating to construction of roadway improvements on Project No. TT0511 will be charged to the Grantor. THE GRANTOR(S( AGREE: I. To grant a Slope 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 Three Thousand Seven Hundred and No/100 Dollars ($3,700.00) as payment in full for the Slope Easement on the property described herein 3. 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 "C" above. GRANTOR riW DATE Zfflc GRANTOR DATE Page 6 of 6