B. DD-10834.PDF

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company Security Title Agency, Inc. Date May 1,2017
Address 1630 S. Stapley Dr, Suite 125 Phone 480-345-6345
City Mesa, AZ 85204 Fax 480-345-6409
Escrow Officer Vicki Bartlett
Escrow No. 48170054-048-VB
Grantor: Shea Homes Limited Partnership, A California Limited Partnership Phone: 480-348-6158
Address: 8800 N. Gainey Center Dr. Ste. 350 Phone:
City Scottsdale, AZ 85258 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: Real Estate Division, 2801 W. Durango Street, Phoenix, Arizona 85009
MAR1COPA 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 LI 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 [g] 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.
El Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
fl 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 El
Exhibit "B"
Total Closing Costs Entry Agreement Yes 111 No IX]
Total Purchase Price $10.00 Addendum attached hereto and made a YesEl No El
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: Germann Road & Ellsworth Road PCN: TL008 — Z2016023
Assessor Parcel No.: 304-62-933 & 304-62-935 Item No DD-10834
Right of Way Agent: Steven Warburton Telephone # 602-506-4746

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 loss or damage sustained by MARICOFA COUNTY caused by the Grantor after the date of this agreement. MARICOFA 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 Division 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 fife.
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 MAR1COPA 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 MAR ICOPA 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 MAR1COPA 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 MARICOPA COUNTY's
occupation of the Grantor's property caused by MAR1COPA 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 12-621. 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: Shea Homes Limited RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
Partnership, A}AirAiajUippited Partnership
By: MARICOPA COUNTY DEPARTMENT MAR1COPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
Real Property Branch Manager Chairman of the Board
ATTEST:
Date
Approved as to form within the
powers and authority of the Board of Clerk of the Board of Supervisors
Supervisors
Accepted Date
ESCROVVOFFICER
Deputy County Attorney Date Date
S/CS Revised 10/6/2009

Exhibit "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 304-62-933/935
Project No.: TL008— Germann Rd/Ellsworth Rd
Item No.: DD-10834
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 il SATE
EXHIBIT "B"

February 15, 2017
LEGAL DESCRIPTION FOR
GATEWAY QUARTER
MARICOPA COUNTY RIGHT-OF-WAY
That portion of the Northwest Quarter of Section 10, Township 2 South, Range 7 East of the
Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as
follows:
Commencing at the Marieopa County Brass Cap in hand hole marking the North Quarter
Corner of said Section 10, from which the Maricopa County Brass Cap in hand hole marking
the Northwest Corner of said Section 10 bears North 89°26'24" West, a distance of 2,629,30
feet;
Thence South 00 04157" East, along the East line of the Northwest Quarter of said Section 10, a
distance of 33.01 feet to a point on a line which is parallel with and 33.00 feet Southerly, as
measured at right angles, from the North line of the Northwest Quarter of said Section 10;
Thence North 8902624" West, along said parallel line, a distance of 350.08 feet to a point on
the West line of said certain parcel of land described in Document No. 2007-0140049, Records
of Maricopa County, Arizona, being a line which is parallel with and 350.00 feet Westerly, as
measured at right angles, from the East line of the Northwest Quarter of said Section 10, said
point being the True Point of Beginning;
Thence South 00 041 157" East, along said West line and said parallel line, a distance of 22.01
feet to a point on a line which is parallel with and 55.00 feet Southerly, as measured at right
angles, from the North line of the Northwest Quarter of said Section 10;
Thence North 89 026 124" West, along last said parallel line, a distance of 1,609.03 feet to a point
on the Easterly line of that certain parcel of land described as Parcel No. 1 in Document No.
2005-0930681, Records of Maricopa County, Arizona;
Thence North 00 043 1 18" West, along said Easterly line, a distance of 22.01 feet to a point on a
line which is parallel with and 33.00 feet Southerly, as measured at right angles, from the North
line of the Northwest Quarter of said Section 10;
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4550 N 12th Street I Phoenix AZ 85014 I 602.264.6831 1 (F) 602.264.0928 10- CONSULTANTS CVL

Legal Description for
Gateway Quarter
Maricopa County Right-of-Way
February 15, 2017
Thence South 89°26'24" East, along said parallel line, a distance of 1,609.03 feet to the True
Point of Beginning.
Containing 35,399 Square Feet or 0.813 Acres, more or less.
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4550 N 12th Street I Phoenix AZ 85014 I 602.264.6831 I (F) 602.264.0928 110.- CONSULTANTS CVL

POINT OF COMMENCEMENT
NORTHWEST CORNER, SECTION 10 NORTH 114 CORNER, SECTION 10
TOWNSHIP 2 SOUTH, RANGE 7 EAST TOWNSHIP 2 SOUTH, RANGE 7 EAST
TRUE POINT OF BEGINNING
GERMANN ROAD
N8926'20/ 2629.30 L6 2
L5 L4 \L1
65' 33' I \-L3
ROAD PARCEL NO. 1 350'
DOCUMENT NO. 2005-0930681
DOCUMENT NO. 2007-0140049
ELLSWORTH
LINE TABLE
NO. LENGTH BEARING
Li 33.01' SO0'41 '57"E
L2 350.08' N89°26`24”W
L3 22.01' SOO*41'57"E
L4 1609.03' N89°26'24''W
L5 22.01 ' N00'43' 1 8"W
L6 1 609.03' S89'26'24't
PROPOSED
RIGHT-OF-WAY
SCALE 1" = 400'
EXHIBIT GATEWAY QUARTER L
4550 North 12th Street
Phoenix, Arizona 85014 PROPOSED MARICOPA COUNTY CONSULTANTS
Phone 602-264-6831
http://www.evIci.com RIGHT-OF-WAY 1 OF
N:\07102830011Gadd\VXMARICOPA.ROW.021617.dwg TomD February 16, 2017