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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Landmark Title Insurance Agency Date November 9, 2017 Address 2555 E Camelback Road, Suite 275 Phone (602)748-2800 City Phoenix, AZ 85016 Phone Escrow Officer Vicki Etherton Vicki.etherton@ltaz.com & Chris Maddox Chris.maddox@ltaz.com Fax: Escrow No. Grantor: Rancho Cabrillo Development, LLC an Arizona limited liability company Phone: (480)205-8906 22210W Baseline Road, Suite 101 Address: Ed Smith edsmithPcox.net & Scott Robson Srobson@scottcornmunities.com Phone: (480)399 -2271 City Tempe, AZ 85283 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 Charges and Disbursements to be paid from Grantor's funds as deposit with the Title Company if escrowed, the purchase price follows (check all that apply): plus all lawful costs incidental to closing as follows: Escrow Fees o 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 El 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 the 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 0 Other Disbursements: Sub Total Title Report Credit Land & Improvements* $10.00 Possession date: Upon Signature Severance Damages Close of escrow: TCE Date of recording: Cost to Cure Special Conditions Right of Way Contract Yes El No Exhibit "B" Total Closing Costs Entry Agreement Yes El No El Total Purchase Price $10.00 Addendum attached hereto and made a Yes fl No IX] TOTAL WARRANT** part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated described in Exhibit "A", 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 the acceptance of delivery and possession by its BOARD OF SUPERVISORS. Project: Happy Valley Road PCN: TL008 — Z2006069 Assessor Parcel No.: 503-53 -022H, 503 -53 -011J, 503 -53 -022J Item No DD-10840 Right of Way Agent: Kimberly Romero Telephone # (602)506-8685 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. The Escrow Agent is to withhold $ 0.00 as a security deposit pending satisfactory delivery of the subject property to MARICOPA COUNTY by the Grantor. Grantor agrees MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due MARICOPA COUNTY from the Grantor, or to payment for any foss or damage sustained by MARICOPA COUNTY caused by the Grantor after the date of this agreement. MARIGOPA COUNTY will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after acceptance of delivery and possession of the subject property. 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. The property owner 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 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 expressed herein is likewise; 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. If cost to cure monies have been paid to remove or relocate improvements on the property, conveyed, Grantor agrees to remove or relocate such improvements not later than 30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of MARICOPA COUNTY and all rights of the Grantor to said improvements shall cease and terminate. Grantor shall be liable for the reasonable costs incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor's remaining lands where necessary to accomplish the purpose of this agreement. If MARICOPA COUNTY is acquiring only a portion of Grantor's property, then Grantor grants to MARICOPA COUNTY, its agents, employees and contractors, the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on adjacent County owned right of way, if required. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MAFIICOPA COUNTY's occupation of the Grantor's property caused by MARICOPA COUNTY% negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARIGOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821. It is further understood and agreed that this temporary right will expire and terminate thirty (30) days after completion of the above referenced project. 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: Rancho Cabrillo Development, RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: LLC., an Arizona limited liability company MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF By: OF TRANSPORTATION SUPERVISORS Its: Real Property Branch Manager Chairman of the Board By: Its: ATTEST: Date 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 S/CS Revised 10/6/2009 Exhibit "B" RIGHT OF WAY AGREEMENT Parcel No.: 503-53-022H, 503-53-011J, 503-53-022J Project No.: TL008 — Z2006069 Happy Valley Road Item No.: DD-10840 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 contract. THE COUNTY OF MARICOPA AGREES: A. To use the real property described in Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantor the sum TEN and no/100 dollars ($10.00) as payment in full for 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 County. THE GRANTOR 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 TEN and no/100 dollars ($10.00) as payment in full for the property described herein. 3. That acceptance of this property in no way obligates Maricopa County to construct or maintain a roadway within the Right of Way granted by this document. GRANTOR DATE NOTE: ALL REFERENCES TO RECORDED BEARINGS AND DISTANCES ARE BASED ON: (R1) M.O.D. - BK. 701, PG. 25 M.C.R. (R2) DEED DESCRIPTION - DKT. 2015-0800263 (C) PER HARVEY SURVEYING SURVEY - RLS 42017 SEE BLOWUP B (SHEET 2) T.P.O.B. 1 WEST HAPPY L i 1 1 VALLEY ANC 503-53-011J L3(R2) c4 ROAD 3 2 rr N89°58'20"W(R1) \rai APN1 503-53-022F 1774.897(R1) 10 is-wA 1 11 1 (RI )(c) B.C.H.H. APNI 503-53-022H SOUTHEAST CORNER SECTION 3, T.4N., R.1W. APN1 503-53-022J SEE BLOWUP C (SHEET 2) c3 L9 2-4 L7 APN1 503-53-022H EXPIRES 03-31-2018 0 200 400 SEE SHEET 3 FOR LINE & CURVE TABLE SCALE: 1" = 200' GRAPHIC EXHIBIT ICSE DESIGN GROUP, PLC RANCHO CABRILLO - HAPPY VALLEY ROAD 2525 West Greenway Road, Suite 308 HAPPY VALLEY ROAD RIGHT-OF-WAY Phoenix, Arizona 85023 PH (802) 347-7007 FAX (602) 249-1310 NIARICOPA COUNTY, ARIZONA JOB NO. DESIGNED DRAWN CHECKED DATE I 6 12-022-002 EDS EDS CLS 03-15-2017 OF SHEETS APN: 503-53-011J SEE BLOWUP B1 AT RIGHT ---\c L11 PC PC—\ T.P.O.B. PC PC L11 T.P.O.B. L3(R2) C4 L3(R2) C 1 (R2) NORTH LINE OF NORTH LINE OF APN: 503-53-022E APN: 503-53-022F BLOWUP BI APN: 503-53-022J _WEST LINE OF SEC. 10 BLOWUP B L9 L5(R2) ±0.48' NORTH LINE OF APN: co 503-53-022F WEST LINE OF APN: 503-53-022E SEE SHEET 3 FOR EXPIRES 03-31-2018 LINE & CURVE TABLE BLOWUP C BLOWUP B, BI & C KM DESIGN GROUP, PLC RANCHO CABRILLO - HAPPY VALLEY ROAD 2525 West Greenway Road, Suite 308 HAPPY VALLEY ROAD RIGHT-OF-WAY PH (602) Phoenix, 347-7007 Arizona FAX (802) 85023 249-1310 MARICOPA COUNTY, ARIZONA JOB NO. DESIGNED DRAWN CHECKED DATE 2 6 12-022-002 EDS EDS CLS 03-15-2017 OF SHEETS CURVE TABLE CURVE # LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH C 1 564.75' 1465.00' 22°05'14" N78°59'03"E 561.26' 02 440.99' 1335.00' 18°55'36" N77°24'14"E 438.99' C3 440.99' 1335.00' 18°55'35" N77°24'15"E 438.99' C4 564.75' 1465.00' 22°05'14" N78°59'04"E 561.26' LINE TABLE LINE # LENGTH DIRECTION L1 77.99' N89°58'20"W L2 65.00' N0O°01'40"E L3 239.70' N89°58'20"W L4 2084.95' S67°56'26"W L5 247.90' S86°52'02"W L6 130.16' S0O°19'42"E L7 0.47' S86°52'02"W L8 130.20' N00°20 1 04"W L9 247.84' N86°52'02"E L10 2084.95' N67°56'27"E L11 0.54' S89°58'20"E EXPIRES 03-31-2018 LINE/CURVE TABLES KSE DESIGN GROUP, PLC RANCHO CABRILLO - HAPPY VALLEY ROAD 2525 West. Greenway Road, Suite 306 HAPPY VALLEY ROAD RIGHT-OF-WAY Phoenix, Arizona 85023 PH (602) 347-7007 FAX (602) 249-1310 MARICOPA COUNTY, ARIZONA JOB NO. DESIGNED DRAWN CHECKED DATE 3 6 12-022-002 EDS EDS C LS 03-15-2017 OF SHEETS LEGAL DESCRIPTION A PORTION OF THE SOUTH HALF OF SECTION 3 AND THE NORTH HALF OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 WEST, GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN A HANDHOLE AT THE SOUTHEAST CORNER OF SAID SECTION 3, ALSO BEING THE NORTHEAST CORNER OF SAID SECTION 10, SAID POINT BEING THE INTERSECTION OF WEST HAPPY VALLEY ROAD AND NORTH DYSART ROAD; THENCE WESTERLY ALONG THE CENTERLINE OF WEST HAPPY VALLEY ROAD AS RECORDED IN BOOK 701, PAGE 25 M.C.R. AND ALONG THE SOUTH LINE OF SAID SECTION 3, NORTH 89° 58' 20" WEST(R1), A DISTANCE OF 1,774.89 FEET(R1) TO A POINT OF INTERSECTION WITH THE CENTERLINE OF NORTH EL GRANADA BOULEVARD; THENCE CONTINUING ALONG THE SAID CENTERLINE OF WEST HAPPY VALLEY ROAD AND ALONG THE SOUTH LINE OF SAID SECTION 3, NORTH 89 58' 20" WEST(R1), A DISTANCE OF 77.99 FEET(R1), 78.00 FEET(C), TO A POINT OF TERMINUS OF SAID CENTERLINE OF WEST HAPPY VALLEY ROAD AND THE EAST LINE OF APN: 503-53-022F; THENCE ALONG THE EAST LINE OF SAID APN: 503-53-022F NORTH 00' 01' 40" EAST(R2), A DISTANCE OF 65.00 FEET(R2) TO THE NORTH LINE OF SAID APN:503-53-022F; THENCE ALONG THE NORTH LINE OF SAID APN: 503-53-022F NORTH 89' 58' 20" WEST(R2), A DISTANCE OF 239.70 FEET(R2) TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A TANGENT CURVE, SAID CURVE TURNING TO THE LEFT THROUGH A CENTRAL ANGLE OF 22° 05' 14"(R2), HAVING A RADIUS OF 1465.00 FEET(R2); THENCE CONTINUING ALONG SAID NORTH LINE OF SAID APN: 503-53-022F AND THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 564.75 FEET(R2) TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID NORTH LINE OF SAID APN: 503-53-022F SOUTH 67' 56' 26" WEST(R2), A DISTANCE OF 2084.95 FEET(R2) TO THE BEGINNING OF A TANGENT CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 18' 55' 36"(R2), HAVING A RADIUS OF 1335.00 FEET(R2); THENCE, CONTINUING ALONG SAID NORTH LINE OF SAID APN: 503-53-022F AND THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 440.99 FEET(R2) TO A POINT OF TANGENCY; ... CONTINUED ON SHEET 5 OF 6 EXPIRES 03-31-2018 LEGAL DESCRIPTION owl KSE DESIGN GROUP, PLC RANCHO CABRILLO - HAPPY VALLEY ROAD 2525 West Greenway Road, Suite 306 HAPPY VALLEY ROAD RIGHT-OF-WAY Phoenix, Arizona 85023 PH (602) 347-7007 FAX (602) 249-1310 MARICOPA COUNTY, ARIZONA JOB NO. DESIGNED DRAWN CHECKED DATE 6 12-022-002 EDS EDS. C LS 03-15-2017 41, OF SHEETS LEGAL DESCRIPTION CONTINUED FROM SHEET 4 OF 6 THENCE CONTINUING ALONG SAID NORTH LINE OF SAID APN: 503-53-022F SOUTH 86' 52' 02" WEST(R2), A DISTANCE OF 247.90 FEET(R2) TO THE WEST LINE OF SAID APN: 503-53-022F; THENCE ALONG SAID WEST LINE OF SAID APN: 503-53-022F SOUTH 00° 19' 42" EAST(R2), A DISTANCE OF 130.16 FEET(R2); THENCE DEPARTING SAID WEST LINE OF SAID APN: 503-53-022F SOUTH 86' 52' 02" WEST, A DISTANCE OF 0.47 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 10; THENCE ALONG SAID WEST LINE OF SAID SECTION 10 NORTH 00° 20' 04 11 WEST(R2), A DISTANCE OF 130.20 FEET; THENCE DEPARTING SAID WEST LINE OF SAID SECTION 10 NORTH 86' 52' 02" EAST, A DISTANCE OF 247.84 FEET TO THE BEGINNING OF A TANGENT CURVE, SAID CURVE TURNING TO THE LEFT THROUGH A CENTRAL ANGLE OF 18° 55' 35", HAVING A RADIUS OF 1335,00 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 440.99 FEET TO A POINT OF TANGENCY; THENCE NORTH 67° 56' 27" EAST, A DISTANCE OF 2084.95 FEET TO THE BEGINNING OF A TANGENT CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH A CENTRAL ANGLE OF 22° 05' 14", HAVING A RADIUS OF 1465.00 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 564.75 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89' 58' 20" EAST, A DISTANCE OF 0.54 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 627.07 SQUARE FEET, OR 0.014 ACRES, MORE OR LESS. EXPIRES 03-31-2018 LEGAL DESCRIPTION #2 KSE, DESIGN GROUP, PLC RANCHO CABRILLO - HAPPY VALLEY ROAD 2525 West Greenway Road, Suite 306 HAPPY VALLEY ROAD RIGHT-OF-WAY Phoenix, Arizona 85023 PH (602) 347-7007 FAX (802) 249-1310 MARICOPA COUNTY, ARIZONA JOB NO. DESIGNED DRAWN CHECKED DATE 5 6 12-022-002 EDS EDS CLS 03-15-2017 OF SHEETS CLOSURE ARC LENGTH: 564.75' RADIUS: 1465.00* DELTA: 22'05'14" COURSE: S67°56'26"W LENGTH: 2084.95' ARC LENGTH: 440.99' RADIUS: 1335.00' DELTA: 18'55'36" COURSE: S86°52 102"W LENGTH: 247.90' COURSE: SOO°19'42"E LENGTH: 130.16' COURSE: S86°52 102"W LENGTH: 0.47 * COURSE: NO0°20'04"W LENGTH: 130.20' COURSE: N8652 *02"E LENGTH: 247.84 ° ARC LENGTH: 440.99 ° RADIUS: 1335.00' DELTA: 18'55'35" COURSE: N67e56 *27"E LENGTH: 2084.95' ARC LENGTH: 564.75' RADIUS: 1465.00' DELTA: 22'05'14" COURSE: S8958'20"E LENGTH: 0.54' PERIMETER: 6938.49' AREA: 627.07 SO. FT, ERROR CLOSURE: 0.00 COURSE: S2302'41 "E PRECISION 1: 6927510000.00 EXPIRES 03-31-2018 CLOSURE KSE DESIGN GROUP, PLC RANCHO CABRILLO - HAPPY VALLEY ROAD 2625 West Greenway Road, Suite 306 HAPPY VALLEY ROAD RIGHT-OF-WAY PH (602) Phoenix, 347-7007 Arizona FAX (602) 85023 249-1310 MARICOPA COUNTY, ARIZONA JOB NO. DESIGNED DRAWN CHECKED DATE 6 6 12-022-002 EDS EDS C LS 03-15-2017 OF SHEETS