AGENDA ITEM FOR SALE DOCS.PDF

Maricona County Department of Transportation
AGENDA ITEM SUMMARY
Date: December 15, 2017
Project Manager/Contact: Deborah Fisher
Contact Phone No.: 602-506-1054
Name of Project: MCDOT Estrella Road Phase 2 (68840)
Work Order/Project No.: TT008
PROPOSED BOARD MEETING DATE: January 17, 2018
REQUESTED ACTION:
Execute Special Warranty Deed and Purchase Agreement & Escrow Instructions for the
sale of MCDOT excess property X-0277-EX, to successful bidder at the December 14th,
2017 public auction, 04, LLC, for $1,380,000.00.
BOARD REQUIRED INFORMATION:
MCDOT utilizes its Disposition Program on all excess properties to evaluate them for the
best potential of sales or leasing, depending on current market information. The
property was sold at public auction at market value, as determined by appraisal. There
was one bidder in attendance.
ADDITIONAL INFORMATION:
This property, consisting of approximately 75.2098 acres, located on north of SR303L
Bob Stump Memorial Highway, south of Hatfield Road, was authorized for sale on July
25, 2007 per Agenda Item C-64-07-280-0-00.
Supervisory District No(s). 4
PERFORMANCE INFORMATION:
Program: Administrative Services
Activity: Real Estate Services
Performance Measure: To of identified excess parcels cleared and prepared for
disposition within 9 months of declaration
Anticipated Results: # of right of way clearances provided
FUNDING: (Expenditure Impact by FY's) No expense FY 17/18
$1,380,000.00 revenue anticipated for FY 17/18

Maricopa County
Department of Transportation
PURCHASE AGREEMENT
AND ESCROW INSTRUCTIONS
Agreement made on , 20 , by and between:
04, LLC, an Arizona limited liability company, with an address of P.O. Box
7670 Surprise, Arizona, 85374, hereinafter referred to as the Buyer. Buyer was the
successful bidder at public auction held on December 14, 2017 based upon an
Invitation for Public Auction ("Bid Package") dated October 25, 2017.
AND
Maricopa County, a political subdivision of the State of Arizona, with an address
of: do Real Estate Department, 2801 W. Durango, Phoenix AZ, hereinafter referred to as
the Seller,
"Agreement" means, when fully executed by Seller and Buyer, this Purchase
Agreement and Escrow Instructions,
WITNESSETH
THAT Seller agrees to sell to Buyer and the Buyer agrees to purchase from
Seller, the property described on Exhibit A, declared by the Maricopa County Board of
Supervisors to be excess vacant land by Agenda Item C-64-07-280-0-00, approved on
July 25, 2007, hereinafter referred to as the Property. The legal description of the
Property is set forth on Exhibit A attached hereto and made a part hereof.
Seller will convey the property to Buyer by Special Warranty Deed as set forth in the
"Bid Package".

1. PURCHASE PRICE and other Buyer costs. The purchase price or
consideration shall be One Million, Three Hundred and Eighty Thousand Dollars
($1,380,000.00). In addition, Buyer shall pay to the Seller Fee Reimbursements which
includes the full cost of the appraisal in the amount of Seven thousand, five hundred
Dollars ($ 7,500.00), and the sum of three hundred seventy five ($375.00) Dollars
representing one half of the cost of the preliminary title report provided the Buyer prior to
bid.
Total: $1,387,875.00
1.01. Payments. Payment shall be made as follows:
Auction Deposit previously deposited by Buyer at
public auction and now to be held in escrow by the
Escrow Agent (the "Contract Deposit") $138,000.00
Previously deposited appraisal fee reimbursement $7,500.00
Previously deposited title report fee reimbursement $750.00
The balance of the purchase price (plus any
additional taxes, fees or other closing costs) shall
be paid at or before the Close of Escrow by cash,
certified check, cashier's check or bank wire transfer $1,241,625.00
to be paid to Escrow Agent
1.02. Close of Escrow. Close of Escrow shall occur on or before June 12, 2018,
which date shall be referred to as the "Close of Escrow".
1.03. Contract Deposit Escrow. At Close of Escrow Buyer shall be given full
credit against the purchase price for the Auction Deposit. In addition, the Buyer shall
receive a credit from the Seller for the sum of three hundred seventy five ($375.00) Dollars
representing one-half of the cost of the preliminary title report.
1.04. Escrow Agent.
a) The escrow agent ("Escrow Agent") referred to in this Agreement shall
be as listed below:
Company: Empire West Title Agency Address: 4808 North 22nd Street
Agent: Sharon Dyke Phone: 602.749.7000
Fax: 602.386.3001 Email: sharond@ewtaz.com
b) The Escrow Agent shall deliver the escrow funds in accordance with this
Agreement.

2. SELLER'S REPRESENTATIONS.
a) Seller makes no representations whatsoever regarding conditions or
features of the subject property.
b) Seller further makes no representation as to zoning, access to parcel,
availability of utilities, or development potential of the site.
c) Seller is a political subdivision of the State of Arizona, and therefore is
exempt from paying real property taxes. Upon completion of the
recording of the conveyance deed to the Buyer, Buyer shall become
responsible for any real property taxes and assessments as provided by
law.
3. TITLE COMMITMENT.
3.01. Preliminary Title Report. Within the Bid Package, the Seller has provided
to Buyer, at Buyer's expense, a current preliminary title report or commitment for title
insurance to be issued concerning the Property (the "Title Report"). Further, in the event
that any updates, supplements or amendments to the Title Report are subsequently
prepared, copies of such documents shall be delivered to Buyer.
3.02. No Obligation to Act. Except with respect to any title exception intentionally
and voluntarily created by Seller after the issuance of the Title Report, nothing herein
shall be deemed to impose on Seller any obligation to bring any action or proceeding, or
to expend any unreasonable (in Seller's sole and absolute discretion) sum or effort in
order to fulfill any condition, nor shall Buyer otherwise have any right or action against
Seller in respect thereof. The Buyer may procure an extended coverage title insurance
policy, if available, at the Buyer's option, in which event the Buyer shall pay the amount
of increased premium and the cost of any survey necessary to obtain extended coverage
title insurance issued through the Escrow Agent in the form in use on the date of issue,
insuring the Buyer in the amount of the Purchase Price of the Property, that upon Close
of Escrow, title to the Property is subject only to the regular printed exceptions contained
in said policy, current taxes and assessments, and such restrictive covenants of record,
easements, reservations in patents and other obligations, liabilities, liens, encumbrances
and other matters as Buyer, in Buyer's sole discretion, may specifically approve, in writing,
or be deemed to have approved.
4. ACCESS TO PROPERTY. Buyer shall not access the Property prior to Close
of Escrow unless Buyer shall first obtain a Right-of-Way Permit from Seller. Any Right-
of-Way Permit issued by Seller to Buyer shall contain a condition allowing a
representative of the Seller to be present at all times Buyer accesses the Property.
5. BUYER'S REPRESENTATIONS AND AGREEMENTS. Simultaneously with
execution of this Agreement, Buyer shall provide proof of legal authority to execute this
Agreement and to consummate all of the transactions hereby contemplated. All required
approvals by the shareholders, partners, members and/or Board of Directors of Buyer
have been given to allow for the making and execution of this Agreement.

6. DOCUMENTS. At or before the Close of Escrow, Seller shall deliver to Escrow
Agent the following:
a) A Special Warranty Deed, duly executed and acknowledged on behalf
of the Board of Supervisors of the Seller, conveying the Property to
the Buyer.
b) Such other documents as shall be reasonably required by Escrow
Agent as a condition to insuring title to the Property.
c) If applicable, an Affidavit of Disclosure.
7. BREACH OF AGREEMENT, DAMAGES.
a) In the event of (i) the breach or non-performance of this Agreement by
Seller, or (ii) a default in the performance of any of its obligations hereunder by Seller,
then the Seller shall be liable for all customary escrow cancellation charges and the
Contract Deposit shall be returned to the Buyer. Such payments will be the Buyer's sole
and exclusive remedy in the event of default by Seller. Buyer hereby waives and releases
any right to (and hereby covenants that Buyer shall not) sue the Seller for (a) specific
performance, or (b) damages.
b) In the event Buyer fails to close this transaction, other than due to the
default of the Seller, the Buyer shall be liable for all customary escrow cancellation
charges and shall forfeit one-half of the Contract Deposit, plus the cost for the appraisal
and one-half of the cost of the preliminary title report, and such charges shall be the
Seller's sole and exclusive remedy. Seller hereby waives and releases any right to (and
hereby covenants that Seller shall not) sue the Buyer for (a) specific performance, or (b)
damages. Additionally, upon default, Buyer acknowledges that Seller may then offer to
sell the Property to the second highest bidder at the price bid by the second highest
bidder, under the terms set for in the Bid Package. Buyer further acknowledges that only
upon successful close of escrow with the "subsequent buyer" is Buyer entitled to a full
refund of the Fee Reimbursements.
8. "AS IS, WHERE IS." This sale is in a strict "AS IS, WHERE IS" condition, as
set forth in the "Bid Package"
9. BROKER. The parties represent each to the other that a 1% brokerage
commission will be paid by the Seller at the close of escrow to any licensed Real Estate
Broker who is the effective procuring cause of the transaction provided that the Broker
has registered a prospect as set forth in the Invitation for Public Auction (Bid Package)
who then successfully closes title to the property.

10. NOTICES. No notices, waiver or other communication under this Agreement
shall be effective unless in writing and personally served, sent by certified mail, return
receipt requested, with postage prepaid or by commercial express delivery service
providing receipted delivery or by facsimile transmissions provided confirmation of the
completed transmission shall be retained. All such notices shall be addressed to the
parties at the addresses noted herein above. If personally served or sent via commercial
delivery service, any such matter shall be deemed given at the time of such service or, if
by mail, at the time of depositing same in a post office box regularly maintained by the
United States Postal Service.
11. ASSIGNMENT. The within Agreement may not be assigned by Buyer without
the written consent of the Seller. Because the Buyer was the successful bidder at public
auction, the Seller has the absolute discretion whether to consent to or deny any proposed
assignment.
12. GENERAL PROVISIONS:
a) Date of Agreement. The date of this Agreement for all purposes where
such date is referenced herein shall be the date on which The Maricopa County Board of
Supervisors signs this Agreement, which date shall be inserted at the top of the first page
hereof.
b) Counterparts. This Agreement may be signed in any number of
counterparts with the same effect as if the signatures thereto and hereto were upon the
same instrument.
c) Applicable Law. This Agreement and the performance hereof shall be
governed, interpreted, construed and regulated by the laws of the State of Arizona.
d) Severability. If any term, covenant, condition or provision of this
Agreement, or the application thereof to any person or circumstance shall, at any time or
to any extent, be invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and each term,
covenant, condition and provision of this Agreement shall be valid and be enforceable to
the fullest extent permitted by law.
e) Interpretation. Wherever herein the singular number is used, the same
shall include the plural, and the masculine gender shall include the feminine and neuter
genders, and vice versa, as the context shall require
f) Section Headings. The Section headings in this Agreement are inserted
only as a matter of convenience in reference and are not to be given any effect
whatsoever in construing any provision of this Agreement.

g) Time. Time is of the essence of this Agreement. Any extension of time granted
for the performance of any duty under this Agreement shall not be considered an
extension of time for the performance of any other duty under this Agreement. Unless
otherwise indicated, all periods of time referred to in this Agreement shall refer to calendar
days and shall include all Saturdays, Sundays and State or national holidays, provided
that if the date or last date to perform any act or give any notice with respect to this
Agreement shall fall on a Saturday, Sunday or State or national holiday, such act or notice
may be timely performed or given on the next succeeding day which is not a Saturday,
Sunday or State or national holiday.
h) Waiver. Failure of any party to exercise any right or option arising out of
a breach of this Agreement shall not be deemed a waiver of any right or option with
respect to any subsequent or different breach, or the continuance of any existing breach.
i) Governing Law. This Agreement shall be deemed to be made under,
and shall be construed in accordance with and shall be governed by, the laws of the State
of Arizona, and arbitration proceedings, if applicable, or suit to enforce any provision of
this Agreement or to obtain any remedy with respect hereto may be brought in the
Superior Court of the State of Arizona, Maricopa County, and for this purpose each party
hereby expressly and irrevocably consents to the jurisdiction of said Court. This contract
is subject to A.R.S. 38-511 and may be canceled pursuant thereto.
j) Expiration of Offer. Buyer shall execute this Agreement on date of
auction and Seller shall execute and deliver into escrow within sixty (60) days after auction
date. Upon Buyer's execution, this Agreement shall constitute an offer, which if not
accepted by Seller's execution and delivery to Escrow Agent within sixty (60) days
thereafter, shall be deemed to expire and be of no further force or effect, unless extended
or otherwise agreed to by Buyer in writing.

BIDDER: 64
By:
Title: iNA4446-1--
Date:
STATE OF ARIZONA
)ss
COUNTY OF MARICOPA)
Before me, -Poi rt E. La (.0 i-on , Notary Public in and for said County, State of
Arizona, on this day personally appeared John 5,1,1,5 , 04LLC. , known to
me to be the person whose name is subscribed to the forgoing instrument.
Given under my hand and seal of the office this 14th day of December,
2017_
HOLLI E. LAWTON
Notary MARICOPA Public State COUNTY &Arizona
My Commission Expires Dec. 11. 2019
\H./A
ACCEPTANCE BY ESCROW AGENT
The Purchase Agreement & Escrow Instructions and Contract Deposit are accepted on
this /-1 0 day of ,!N.)Z O_L• , 20 Funds will be deposited into the
escrow account immediately, with escrow opening upon receipt of the fully executed
Agreement.
ESCROW AGENT:
By:
Escrow Offic

RECOMMENDED FOR APPROVAL:
C. Michelle Colby, SR/WA Jennifer Toth, P.E.
Director, Real Estate Department Director, Maricopa County Department
of Transportation
ACCEPTED AND APPROVED
MARICOPA COUNTY BOARD OF
SUPERVISORS
By
Chairman of the Board
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA)
Before me, , Notary Public in and for said County,
State of Arizona, on this day acknowledges ,
known to me to be the person whose name is subscribed to the foregoing instrument as
the Chairman of the Board of the Supervisors described in the foregoing instrument.
Given under my hand and seal of the office this day of , 20
My Commission Expires
Notary Public (signature)
Approved as to form and within the powers
and authority of the Board of Supervisors
Approved as to form Date:

Parcel No. 503-53-025J, 025G, 025Q, 026B
Project No. 68840
Estrella Road Phase 2
Excess Property
Item No. X-0277-EX
EXHIBIT "A"
LEGAL DESCRIPTION FOR EXCESS LAND SALE
A parcel of land being a portion of the South half of Section 12, Township 4 North, Range 1 West of the Gila
and Salt River Base and Meridian, Marieopa County, Arizona. Said portion recorded in Document number
2004-0020286, and "Record of Survey", Book 994 of Maps, Page 17, M.C.R., Said parcel being more
particularly described as follows:
COMMENCING at the Southwest corner of said Section 12, from which the South quarter of said Section 12
bears, South 89°55'48" East, a distance of 2637.02 feet; thence from said Southwest corner to the West quarter
corner of said Section 12, North 00'04'06" East, a distance of 2640.66 feet to the POINT OF BEGINNING;
thence along the East-West mid-section line and along the North line of that certain parcel of land described in
said Document 2004-0020286, to the center of said Section 12, South 89 052 132" East, a distance of 2627.19 feet
(South 89 052 149" East, 2627.37 feet, Record); thence continuing along said line, South 89 052132" East, a
distance of 292.38 feet to a point on the Westerly right of way line of the "BOB STUMP MEMORIAL
PARKWAY, SR 303L" Project Number 3031_, MA 025 I-15946; thence along said Westerly line, South
23°571P West, a distance of 78.08 feet to the beginning of a tangent curve to the right with a radius of 3015.00
feet; thence Southwesterly along the arc of said curve, through a central angle of 31°02'51", for an arc distance
of 1633.78 feet; thence leaving said Westerly right of way line and along the South line of said parcel of land
described in Document 2004-0020286, North 89'54'19" West, a distance of 1738.39 feet; thence North
00004 106" East, a distance of 125.00 feet; thence North 89 05419" West to a point on the West line of the
Southwest quarter of said Section 12, a distance of 125.00 feet; thence along said West line, North 00 004 106 11
East, a distance of 1195.33 feet to the POINT OF BEGINNING.
The above described parcel contains 3,276,139 square feet or 75.2098 acres, more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 7-02-2015 1 Chkr„41 07,,±;; '' l
Rev: EXPIRES 12 / 31 12017
IViaricopa County Public Works - Real Estate Division
GRANTOR DATE.
EXHIBIT "A"

IVISION D ESTATE REAL - WORKS PUBLIC
2017
/ 31
12
EXPIRES
COR
T51` 002 1633.78' 3015.00' 303L" S4
026B L=31 L= R= SR
line 1-15946 acres
025Q. PARKWAY,
mid-section Survey 025 2637.02' 75.2098
2627.19' 025G, 2004-0020286 1738.39' MA or
of MEMORIAL 303L foot
East-West 05232"E 503-53-025J, p/d 125.00' Basis No. S89°55'48"E
S89 125.00' N89°54'19W 108.13' STUMP Project square
N89°54'19'W NO0°04'06"E Brg S00°29'03"E "BOB 3,276,139
COP 12 Radial S89°3057"E OOP 12 W
W4 SEC 4N..1W - — SW SEC 4N,1 Area:
- Land
z1:, 1
Excess
Total

December 14, 2017
When recorded, Interoffice Mail to:
Maricopa County
Real Estate Services
2801 W. Durango St.
Phoenix, AZ 85009 (DP)
EXEMPT ARS § 11-1134, A3
C-64-07-280-0-00
SPECIAL WARRANTY DEED
Project: 68840
MCDOT Item #: X-0277-EX
Assessor's Parcel No.: 503-53-025G,
-025J, -025Q, -026B
Maricopa County, a political subdivision of the State of Arizona, GRANTOR, for the sum of
One Million, Three Hundred Eighty Thousand Dollars and 00/100 Dollars ($1,380,000.00), and other
valuable consideration, receipt and sufficiency of which are hereby acknowledged, paid by 04, LLC, a
limited liability company in the of State of Arizona, GRANTEE, by this Deed does grant, sell, and convey
unto the said GRANTEE all that certain real property situated in the County of Maricopa, State of Arizona,
described as follows:
See Attached Exhibit "A"
Attached hereto and incorporated herein
The GRANTOR hereby conveys unto GRANTEE all warranties of title for its acts and not the acts of
others, of any nature whatsoever.
This property is conveyance subject to: assessments, reservations, easements, rights-of-way, and deed
restrictions as may appear on record.
The parcel of land herein conveyed shall have no right or easement of access to State Route 303L.

Project: 68840
MCDOT Item #: X-0277-EX
Assessor's Parcel No.: 503-53-025G,
-025J, -025Q, -026B
GRANTOR:
RECOMMENDED FOR APPROVAL:
C. Michelle Colby, SRI WA Jennifer Toth, P.E.
Director, Real Estate Department Director, Maricopa County Department
of Transportation
ACCEPTED AND APPROVED
MARTCOPA COUNTY BOARD OF SUPERVISORS
By
Chairman of the Board
Before me, , Notary Public in and for said County, State
of Arizona, on this day acknowledges
known to me to be the person whose name is subscribed to the foregoing instrument as the
Chairman of the Board of the Political Subdivision described in the foregoing instrument.
Given under my hand and seal of the office this day of , 20
My Commission Expires
Notary Public (signature)
Approved as to form and within the powers
and authority of the Board of Supervisors
Approved as to form
Deputy Maricopa County Attorney

ACCEPTANCE
Project: 68840
MCDOT Item #: X-0277-EX
Assessor's Parcel No.: 503-53-0250,
-0251, -025Q, -026B
GRANTEE: 04 ,L
rne vtAltr
STATE OF ARIZONA
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me the OF day of December 2017, by
J7Ir Silas 04 LL.C.- , GRANTEE.
My Commission Expires: fat H (ot q Le
Notary Public
HOW E. LAVVTON
&Nary MARICOPA Palo- Mate COUNlY dArIzorin
My Commission Expires Dec, 11, 2019

Parcel No, 503-53-025J, 025G, 025Q, 026B
Project No. 68840
Estrella Road Phase 2
Excess Property
Item No, X-0277-EX
EXHIBIT "A"
LEGAL DESCRIPTION FOR EXCESS LAND SALE
A parcel of land being a portion of the South half of Section 12, Township 4 North, Range I West of the Gila
,and Salt River Base and Meridian, Maricopa County, Arizona, Said portion recorded in Document number
2004-0020286, and "Record of Survey", Book 994 of Maps, Page 17, M.C.R., Said parcel being more
particularly described as follows:
COMMENCING at the Southwest corner of said Section 12, from which the South quarter of said Section 12
bears, South 89°55'48" East, a distance of 2637.02 feet; thence from said Southwest corner to the West quarter
corner of said Section 12, North 00 00406" East, a distance of 2640,66 feet to the POINT OF BEGINNING;
thence along the East-West mid-section line and along the North line of that certain parcel of land described in
said Document 2004-0020286, to the center of said Section 12, South 89°52'32" East, a distance of 2627.19 feet
(South 89°5249" East, 2627.37 feet, Record); thence continuing along said line, South 89°52 132" East, a
distance of 292.38 feet to a point on the Westerly right of way line of the "BOB STUMP MEMORIAL
PARKWAY, SR 303L" Project Number 303L MA 025 115946; thence along said Westerly line, South
23°57'l 1" West, a distance of 78.08 feet to the beginning of a tangent curve to the right with a radius of 3015.00
feet; thence Southwesterly along the are of said curve, through a central angle of 31°0251", for an are distance
of 1633.78 feet; thence leaving said Westerly right of way line and along the South line of said parcel of land
described in Document 2004-0020286, North 89'54'19" West, a distance of 1738.39 feet; thence North
00°04'06" East, a distance of 125.00 feet; thence North 89'54'19" West to a point on the West line of the
Southwest quarter of said Section 12, a distance of 125.00 feet; thence along said West line, North 00'04'06"
East, a distance of 1195.33 feet to the POINT OF BEGINNING,
The above described parcel contains 3,276,139 square feet or 75,2098 acres, more or loss.
Page 1 of' I
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 7-02-2015 Ch kr.. 1.1?„1 e: Appr:
Rev: EXPIRES 12 31 / 2017
Maricopa County Public Works - Real Estate Division
GRANTOR DATE,
EXIITBIT "A"

68840 No ECT PROJ
Property Excess 2 PHASE - ROAD ESTRELLA
IVISION D ESTATE REAL - WORKS BLIC PU
e-f, W. 12/3112D17
p- La 22260 KENNETH GREEN
292.38' COR EXPIRES
E4
031'52' 3675.16' 3165.00'
S89°5232E
A=66 L= R=
1 \ C€I
CEN 78.08' COP
057'11"W 002'51' 1633.78' 3015.00' 303L" 54
S23 026B L=31 L= R= SR
068; line acres
025Q, PARKWAY, 0251-15946
mid-section Survey 2637.02' 75.2098
2627.19' 025G, 2004-0020286 MA
1738.39' of MEMORIAL 303L or
Basis foot
East-West 052'32"E 503-53-025J, pId No. S89°55'48"E
125.00' 125.00' N89°54`19"W 108.18' square
589 STUMP Project
NO0°04'06"E Brg "BOB _ 3,276,139
N89°54'19"W Radial S00°29'03"E S-8-9°30'57"E COR 12 W
COP 12 4tV,1W SW SEC 4N,1 Area:
W4 SEC
Land
z:3 1 LC)
' 66 2640. 106"E NOO°04 Excess
Total

AFFIDAVIT OF DISCLOSURE
Pursuant to A.R. S. §33-422 I, Deborah Fisher, Property Management Specialist, Maricopa County Real
Estate Department (seller's representative) being duly sworn, hereby make this affidavit of disclosure
relating to the real property situated in the unincorporated area of Maricopa County, Arizona, and
legally described as:
Legal description attached hereto as exhibit "A"
1. There is legal access to the property, as defined in A.R.S. § 11-831 per documents MCR 2010-
0426445, MCR 2009-1138297 and Dkt 10379 pg. 730.
2. There is physical access to the property via the south end of 119 th Ave which runs south from Happy
Valley Road and dead-ends at the northeast corner of the APS substation. From there, there is a gravel
road that continues south over the eastern boundary of the substation parcel and runs as far south as the
northwest corner of the subject property.
3. There is not a statement from a licensed surveyor or engineer available stating whether the property
has physical access that is traversable by a two-wheel drive passenger motor vehicle.
4. The legal and physical access to the property is the same on the northern portion of the access route
(119th Ave south from Happy Valley Road) and is not the same on the southern half (from dead-end of
119th Ave over APS private road but there is an adjacent easement to the east over State Land).
If access to the parcel is not traversable by emergency vehicles, the county and emergency service
providers may not be held liable for any damages resulting from the inability to traverse the access to
provide needed services.
5. The road(s) are publicly maintained/privately maintained/not maintained/not applicable. If applicable,
there is/is not a recorded road maintenance agreement. Unknown
Ifthe roads are not publicly maintained, it is the responsibility ofthe property owner(s) to maintain the
roads and roads that are not improved to county standards and accepted for maintenance are not the
county's responsibility.
6. A portion or all of the property is not located in a FEMA designated regulatory floodplain. FEMA
maps for the area denote the tract as lying within a shaded zone "X" flood hazard area. If the property is
in a floodplain, it may be subject to floodplain regulation.
7. The property is/is not subject to fissures/expansive soils: Unknown

8. The following services are currently provided to the property: Water/Sewer/Electric/Natural
Gas/Single Party Telephone/Cable Television. Unknown
9. The property is/is not served by a water supply that requires the transportation of water to the
property. Unknown
10. The property is served by a private water company/a municipal water provider/a private well/a
shared well/no well. If served by a shared well, the shared well is/is not a public water system, as
defined by the safe drinking water act (42 United States Code § 3000. Unknown
Notice to buyer: if the property is served by a well, a private water company or a municipal water
provider the Arizona department ofwater resources may not have made a water supply determination.
For more infirmation about water supply, contact the water provider.
11. The property does have/does not/unknown have an on-site wastewater treatment facility (i.e.,
standard septic or alternative system to treat and dispose of wastewater). If applicable: a) The property
will/will not require installation of an on-site wastewater treatment facility; b) The on-site wastewater
treatment facility has/ has not been inspected. Unknown
12. The property has been/has not been subject to a percolation test. Unknown
13. The property does meet the minimum applicable county zoning requirements of the applicable
zoning designation.
14. The sale of the property does meet the requirements of A.R.S. § 11-831 regarding land divisions. If
those requirements are not met, the property owner may not be able to obtain a building peimit. The
seller or property owner shall disclose each of the deficiencies to the buyer.
15. The property is not located in the clear zone of a military airport or ancillary military facility, as
defined in A.R.S. § 28-8461. (Maps are available at the state real estate department's website.)
16. The property is not located in the high noise or accident potential zone of a military airport or
ancillary military facility, as defined in A.R. S. § 28-8461. (Maps are available at the state real estate
department's website.)
17. Notice: If the property is located within the territory in the vicinity of a military airport or ancillary
military facility, the property is required to comply with sound attenuation standards as prescribed by
A.R.S. § 28-8482. (Maps are available at the state real estate department's website.)
18. The property is not located under military restricted airspace. (Maps are available at the state real
estate department's website.)
19. The property is not located in a military electronics range as defined in A.R.S. sections 9-500.28 and
11-818. (Maps are available at the state real estate department's website.)
20. Use of the property is not limited in any way relating to an encumbrance of title due to a lis pendens,
a court order or a state real estate department order or a pending legal action. If the use of the property is
limited due to an encumbrance of title, the seller or property owner shall disclose the limitations to the
buyer.

This affidavit of disclosure supersedes any previously recorded affidavit of disclosure.
I certify under penalty of pedury that the information contained in this affidavit is true, complete and
correct according to my best belief and knowledge.
Dated this 3 day of October, 2017 by:
Seller's name (print): Maricopa County (Department of Transportation)
Signature: Property Management Specialist, Representative
State of Arizona
SS.
County of Maricopa
Subscribed and sworn (or affirmed) before me this / 2 1:1'day of October, 2017
Ikary MIME. Public LAVVTON - 8tate of Amite fAC
My Canimission MARICOPA Expires COUNTY D.C. 11, *019 Notary Public
(seal)
Buyer(s) hereby acknowledge(s) receipt of a copy of this affidavit of disclosure this 148./... day of
Dex-e mAttr , 20r7 .
Buyer's name (print): bq LL.C._ Signature.
Buyer's name (print): Signature:
G. For the purposes of this section, seller and subsequent seller do not include a trustee of a deed of trust
who is selling property by a trustee's sale pursuant to title 33, chapter 6.1 or any officer who is selling
property by execution sale pursuant to title 12, chapter 9 and title 33, chapter 6. If the seller is a trustee
of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall
be provided by the beneficiary of the subdivision trust.
19 IPagc