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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date December 29, 2017 Address 3200 E. Camelback Rd., Suite 200 Phone (480)596-5022 City Phoenix, AZ 85018 Fax (480)596-5031 Escrow Officer Mark Osborn Email MOsborn@nat.com Escrow No. 29400-17-84518 Grantor: MSL Investments LLC, an Arizona limited liability company Phone: (602)509-8776 Contact: Mr. Dan Werner dwemer@metrealtyadvis Address: 7762 E. Gray Road, Suite 200 Email ors.com City, State Zip Scottsdale, AZ 85260 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 he paid from Grantor's funds as follows with the Title Company if escrowed, the purchase price plus all (check 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 I Mortgage Release 1E1 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 Marieopa 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. • Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges • Other Disbursements: Sub Total Title Report Credit Land* 8,020,00 Possession date: Improvements* Close of escrow: Temporary Constreution Easement Date of recording: Special Conditions Right of Way Contract Yes E4 No • Exhibit "B" Total Closing Costs Entry Agreement Yes • No ,,k Total Purchase Price 8,020.00 Addendum attached hereto and made a Yes • No ii 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: TF0548 Assessor Parcel No.: 502-56-0128 Item No D23454 Right of Way Agent: Kimberly Romero Telephone 11 (602)506-8685 Page 1 of 3 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 MAR1COPA 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. IVIaticopa 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, IVIaricopa 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 OP 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 IVIARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARICOPA COUI IITY'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. GRANTOR: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MSL Investments LLC, an Arizona limited liability company MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF ......--- OF TRANSPORTATION SUPERVISORS By: Its: .0,..,,, RGatProperty Manger- Chairman of the Board By i?cy tor el e(fdy -.fur ev u (sot Its: ATTEST: Date () 7 .2„ e it lig . 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 RES/1(6R Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 502-56-0128 Project No.: TT0548 Project Name: MC85 Project Termini: (Liberty School to Cotton Lane) Item No.: D23454 (KGR) WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement between the Grantor and Maricopa County. No further consideration is being paid than described in this agreement. MAR1COPA COUNTY 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 Eight Thousand Twenty and No/100 Dollars ($8,020.00) as payment in full for the real 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)AGREES: 1. To grant a Warranty Deed 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 Eight Thousand Twenty and No/100 Dollars ($8,020.00) as payment in full for 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 DATE \ 7/T GRANTOR DATE Page 3 of 3 Parcel No. 502-56-012 B Project No. TT0548 MC 85- LIBERTY SCHOOL ROAD TO COTTON LANE Item No. 123454 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2011-0769687, Maricopa County Records, lying within the Southeast Quarter of Section Thirty Three and the Southwest Quarter of Section Thirty Four, Township One North, Range Two West of the Gila. and Salt River Meridian, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 33, being a brass cap, from which the Northwest corner of Section 4, Township One South, Range Two West, a brass cap, bears North 89°11'22" West, a distance -of 2325.67 feet; thence along the South line of said Section 33 North 89'11'22" West, a distance of 68.75 feet; thence departing said South section line North 00°48'38" East, a distance of 85.06 feet to the beginning of a non-tangent curve, said point also being the Southwest corner of said property, and the North right of way line of MC 85 and the POINT OF BEGINNING; thence along said South property line easterly along the are of said curve, the center of which bears North 12°0727" West, a distance of 1382.50 feet, through a central angle of 08°07'26", for an arc distance of 196.02 feet to the beginning of a non-tangent line, also being the Southeast corner of said property; thence along the East line of said property, also being the West right of way line of Perryville Road, North 00°20'12" East, a distance of 56.47 feet; thence departing said East property line South 41 05038" West, a distance of 78.95 feet to the beginning of a non-tangent curve, the center of which bears North 18°09'22" West, a distance of 1367.50 feet; thence westerly along the are of said curve, through a central angle of 05°53'33", for an arc distance of 140.64 feet to the beginning of a non-tangent line, also being the West line of said property; thence along said West property line South 00°22'53" West, a distance of 15.37 feet to the POINT OF BEGINNING. The above described parcel contains 4,010 square feet or 0.0921 Acres more or less. Page 1 of 1 MAR1COPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES - 9/1/17 Chic APPr: 9 -20 -2f4 7 Rev: Maricopa County Public Works - Real Estate Division GRANTOR \--) DATE \ id EXHIBIT "A" NO. BEARING LENGTH LI N 00 04838" E 85.06' R/W L2 N 00020112" E 56 471 L3 S 41 050 138" W 78.95' EXIST N.T.S. L4 S 00°22'53" W 15.37' NO, BEARING LENGTH RBI N 12°0727" W 1382.50' RB2 N 18°0922" W 1367.50' . MSL Investments, LLC 502-56-012B '— EXIST RAN LN SEC MID NO. RADIUS DELTA LENGTH TANGENT C1 .1382.50 1 0800726" 196.02' 98.17' C2 1367.50' 05°53'33" 140.64' 70.38' D23454 Fee Simple Right of Way: 4,010 square feet or 0,0921 acres MARICOPA COUNTY REAL ESTATE DEPARTMENT MC85 - Liberty School Road to Cotton Lane PROJECT No. 110548 ITEM No, D23454 DATE 9-7-17 M.C.D.O,T, R/W Agent: K.R. Tech: RES