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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date June 2, 2017 Address 4722 N. 24th Street, Suite 200 Phone (602)230-6247 City Phoenix, AZ 85016 Fax (602)926-0452 _Escrow Officer Jason Bryant Email ibryantp,SecurityTitle.com Escrow No. Grantor: 105th & Buckeye, LLC, an Arizona limited liability company Phone: (602)920-1700 Contact: Mr. Kent Baker & Mr. Chris Benjamin Email ebenjamin@citytocitycre.com Address: 7201 E. Camelback Road, Suite 210 Email kbaker@citytocitycre.com City, State Zip Scottsdale, AZ 85251 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: l Real Estate Division, 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 (check all that apply): lawful costs incidental to closing as follows: 1 1 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 I Mortgage Release 17 Partial Acquisition of Gmntor'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 I • Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges I I U Other Disbursements: Sub Total Title Report Credit Land* 13,740.00 Possession date: Improvements* 8,244.00 Close of escrow: Cost to Cure 2,000.00 Date of recording: Temporary Construction Easement 1,191.00 Special Conditions Right of Way Contract Yes El No • Exhibit "B" Total Closing Costs Entry Agreement Yes DI No .4 Total Purchase Price $25,175.00 Addendum attached hereto and made a Yes El 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. Project: MC85 95th Avenue to 107th Avenue PCN: TT0511 Assessor Parcel No.: 101-02-002 Item No D22581 Right of Way Agent: Kimberly Romero Telephone # (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 MAR1COPA COUNTY BOARD OF SUPERVISORS. The Escrow Agent shall first apply the purchase price OD 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 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 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 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 IvIARICOPA 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. 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 IVIARICOPA COUNTY or its agents to enter upon the Grantor's remaining lands where necessary to accomplish the purpose of this agreement. 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. GRANTOR: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Clarke Kent L.L.C., an Arizona limited liability company and The Christopher and Linda Benjamin Family Trust dated October 19, 2000, as members MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF ; OF TRANSPORTATION SUPERVISORS Kent Baker, as manager i. / di- Real Property Branch Manager Chairman of the Board 7 h, a e) (7 ATTEST: Christoiher P. Bed amin, n. • stee • Date Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Acce ed Date ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 101-02-002 Project No.: TT0511 Proj ect Name: MC85 at 83' 1 Avenue & Center Turn Lane Expansion Proj ect Termini: (95th Ave to 107th Ave) Item No.: D22581 (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. THE COUNTY OF MARICOPA 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 Thirteen Thousand Seven Hundred Forty and No/100 DOLLARS ($13,740.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Eight Thousand Two Hundred Forty-Four and No/100 DOLLARS ($8,244.00) as payment in full for the improvements located on the real property described herein and itemized as follows: Asphalt paving & concrete (lump sum) • D. To pay the Grantors the sum of Two Thousand and No/100 DOLLARS ($2,000.00) as payment in full for a minor Cost to Cure, itemized as follows: Sign Relocation E. To pay the Grantor the sum of One Thousand One Hundred Ninety-One and No/100 Dollars ($1,191.00)as payment in fall for one year. Additional time, if required will be paid in monthly increments based on the initial annual rate. F. 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. G. That no costs relating to construction of roadway improvements on Project No. TT0511 will be charged to the Grantor. THE GRANTORS AGREE: 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 Thirteen Thousand Seven Hundred Forty and No/100 DOLLARS ($13,740.00) as payment in full for the real property described herein. 3. To accept the sum of Eight Thousand Two Hundred Forty-Four and No/100 DOLLARS ($8,244.00) as payment in full for the improvements located on the real property described herein and itemized as follows: Asphalt paving & concrete (lump sum) 4. To accept the sum of Two Thousand and No/100 DOLLARS ($2,000.00) as payment in full for a minor Cost to Cure, itemized as follows: Sign Relocation 5. To accept the sum of One Thousand One Hundred Ninety-One and No/100 Dollars ($1,191.00) as payment in full for one year. Additional time, if required will be paid in monthly increments based on the initial annual rate. 6. 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 "F" above. GRANTOR /44 DATE GRANTOR DATE Page 3 of 3 Parcel No. 101-02-002 Project No. TT511 MC-85 at 83 rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. 1)22581 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2005-1859319, Maricopa County Records, lying within the Southwest quarter of Section 8, Township 1 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: COMMENCING at the Southwest corner of Section 8, from which the South quarter corner of said Section 8 bears North 89°32'42" East, a distance of 2628.78 feet; THENCE along the South line of said Section 8 North 89 03242" East, a distance of 1079.39 feet; THENCE departing said South section line North 00°07'49" West, a distance of 33.00 feet to the existing North right of way line of MC 85, also being the South line of said property and the POINT OF BEGINNING; THENCE along said North right of way line North 89 032'42" East, a distance of 235.01 feet; THENCE North 00°02'43" West, a distance of 15.88 feet to the beginning of a non-tangent curve, the center of which bears South 02°2012" East, a distance of 15055.00 feet; THENCE departing said North right of way line westerly along the are of said curve, through a central angle of 00°12'02 1 , for an arc distance of 52.73 feet; THENCE South 87°27'46" West, a distance of 182.50 feet to the West line of said property; THENCE along said West property line South 00°0749" East, a distance of 7.43 feet to the POINT OF BEGINNING. The above described parcel contains 2,748 square feet or 0.0631 Acres more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: EXPIRES 12 /31/2017 Maricopa County - Real Estate Division GRANTOR 14 DATE EXIMBIT "A" NO. RADIUS DELTA LENGTH TANGENT Cl 15055.00' 00°12'02" 52.73' 26.37' NO. BEARING LENGTH N.T.S. RBI S 02°20'12" E 15055.00' D22581 105th & Buckeye LLG 101-02-002 NEW R/W FOB Ll EXIST R/1/1/ c72 CV) -of) SEC LN N89 032'42"E 2628.78' / MC 85 EXIST R/W NO. BEARING LENGTH Li N 89 03242" E 235.01' L2 N 00002 143" W 15.88' L3 S 87°27'46" W 182.50' L4 S 00007 149" E 7.43' L5 N 00007 149" W 33.00' D22581 Fee Simple Right of Way: 2,748 square feet or 0.0631 acres EXPIRES 12131/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. 1T511 ITEM No. D22581 DATE 9-15-16 M.C.D.O.T. R/W Tech: Agent: RES P.M. Parcel No. 101-02-002 Project No. TT511 MC-85 at 83rd AVENUE and CENTER TURN th LANE EXPANSION MC 85: 107th AVENUE to 95 AVENUE Item No. D22581-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS Three parcels of land being a portion of that property as described in Document 2005-1859319, Maricopa County Records, lying within the Southwest quarter of Section 8, Township 1 North, Range 1 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: PARCEL ONE: COMMENCING at the Southwest corner of Section 8, from which the South quarter corner of said Section 8 bears North 89 03242" East, a distance of 2628.78 feet; THENCE along the South line of said Section 8 North 89°32'42" East, a distance of 1079.39 feet; THENCE departing said South section line North 00 007 149" West, a distance of 40.43 feet to a point on the West line of said property and the POINT OF BEGINNING; THENCE departing said West property line North 87 027 146" East, a distance of 35.58 feet; THENCE North 02032114" West, a distance of 16.00 feet; THENCE South 87027146" West, a distance of 34.91 feet to said West property line; THENCE along said West property line South 00°07'49" East, a distance of 16.01 feet to the POINT OF BEGINNING. The above described parcel contains 564 square feet or 0.0129 Acres more or less. PARCEL TWO: COMMENCING at the Southwest corner of Section 8 -, from which the South quarter corner of said Section 8 bears North 89°32'42" East, a distance of 2628.78 feet; THENCE along the South line of said Section 8 North 89032 142" East, a distance of 1145.92 feet; THENCE departing said South section line North 00 027118" West, a distance of 42.84 feet to the POINT OF BEGINNING; THENCE North 8702746" East, a distance of 63.27 feet; THENCE North 0203214" West, a distance of 15.00 feet; GRANTOR VA DATE qI-00 Page 1 of 2 EXHIBIT "A" D22581-1 (cont'd) THENCE South 87 02746" West, a distance of 63.27 feet; THENCE South 02°32'14" East, a distance of 15.00 feet to the POINT OF BEGINNING. The above described parcel contains 949 square feet or 0.0218 Acres more or less. PARCEL THREE: COMMENCING at the Southwest corner of Section 8, from which the South quarter corner of said Section 8 bears North 89 032142" East, a distance of 262838 feet; THENCE along the South line of said Section 8 North 89°3242" East, a distance of 1271.71 feet; THENCE departing said South section line North 00 027118" West, a distance of 47.41 feet to the POINT OF BEGINNING; THENCE North 02029136" West, a distance of 20.02 feet; THENCE North 87°34 149" East, a distance of 43.87 feet to the East line of said property; THENCE along said East property line South 00 00243" East, a distance of 20.03 feet to the beginning of a non-tangent curve, the center of which bears South 02°20'12" East, a distance of 15055.00 feet; THENCE westerly along the arc of said curve, through a central angle of 00 00949 1, for an arc distance of 43.01 feet to the POINT OF BEGINNING. The above described parcel contains 869 square feet or 0.0200 Acres more or less. Parcels 1, 2 and 3 combined contain 2,382 square feet or 0.0547 Acres more or less. Page 2 of 2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: Maricopa County - Real Estate Division GRANTOR \CIS DATE 7/1111 EXHIBIT "A" EXHIBIT "A" NO. RADIUS DELTA LENGTH TANGENT Cl 15055.00' 00°09'49" 43.01' 21.51' D22581 105th & Buckeye LLC 101-02-002 TCE N.T.S. TCE TCE PARCEL 3 PARCEL 1 NEW FA* 1271.7V 2628.78' NO. BEARING LENGTH N 87°27'46" E 35.58' , L2 N 02°32'14" W 16.00' NO. BEARING LENGTH L3 S 87°27'46" W 34.91' RB1 S 02°20'12" E 15055.00' L4 S 00°07'49" E 16.01' N 87°27146" E 63.27' L6 N 02°32'14"W 15.00' S 87°27'46" W 63.27' L8 S 02°32'14" E 15.00' L9 N 02°29'36" W 20.02' LI 0 N 87°34'49" E 43.87' L11 S 00°02'43" E 20.03' L12 N 00°07'49" W 40.43' L13 N 00°27'18" W 42.84' L14 N 00°27'18" W 47.41' 022581-1 Temporary Construction Easements: Parcel 1: 564 square feet or 0.0129 acres Parcel 2: 949 square feet or 0.0218 acres Parcel 3: 869 square feet or 0.0200 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. TT511 ITEM No. D22581-1 DATE 9-15-16 M.C.D.O.T. R/W Agent: P.M. Tech: RES