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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date Address 14635 N. Kierland, Suite 110 Phone (602) 294-2505 City Scottsdale, Arizona 85254 Fax Escrow Officer Mark Osborn Email mosborngnat.com Escrow No. 29400-16-83072 Grantor: VIRTUA BUCKEYE 103, LLC, an Arizona limited liability company Phone: Address: Email City, State Zip Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: I 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 phis all (check all that apply): lawful costs incidental to closing as follows: . 1 Escrow Fees . III 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 11tH. 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 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 El Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges i I • Other Disbursements: I Sub Total Title Report Credit Land* $10.00 Possession date: Improvements* Close of escrow: Drainage Easement* $10.00 Date of recording: Cost to Cure Temporary Construction Easement $10.00 Special Conditions Right of Way Contract Yes ISI No 0 Exhibit "B" Total Closing Costs Entry Agreement . Yes 0 No El Total Purchase Price $30.00 Addendum attached hereto and made a Yes 0 No E4 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.: 101-15-005R and 101-15-005S Item No D22561 Right of Way Agent: Steve Salazar Telephone # (602)506-4883 Pam c I 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 shalt 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 Division will he 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. Marieopa 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 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 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. MAR1COPA 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 GRANTORS: VIRTUA BUCKEYE 103, LLC, RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: an Arizona limited liability company By: Virtua 103' Holdings, LLC, an Arizona limited liability company MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF By: Quyp Development Services, LIE, an Arizona OF TRANSPORTATION SUPERVISORS limited liability company f 4— By: Real Property Branch Manager Chairman of the Board Its: ATIEST: Date , Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Acce I ed Date ESCROW OFFICER Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 nf 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 101-15-005R and 101-15-005S Project No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22561 (SS) 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. 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. C. 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 and Drainage Easement for the real property described in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. 2. 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 "B" above. GRANTOR DATE 06. n GRANTOR DATE Page 3 of 3 Parcel No. 101-15-005R, 0055 Project No. TT511 MC-85 at 83 1d AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95th AVENUE Item No. D22561 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2009-0684847, Maricopa County Records, lying within the Northwest quarter of Section 17, 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 Northwest corner of Section 17, from which the North quarter corner of said Section 17 bears North 89 03242" East, a distance of 2628.78 feet; THENCE long the North line of said Section 17 North 89 03242" East, a distance of 1314.39 feet; THENCE departing said North section line South 00°00'11" East, a distance of 33.00 feet to the existing South right of way line of MC 85, also being the Northwest corner of said property and the POINT OF BEGINNING; THENCE departing said South right of way line along the West line of said property South 00°00'09" East, a distance of 36.21 feet to the beginning of a non-tangent curve, the center of which bears South 02°21'17" East, a distance of 14937.00 feet; THENCE departing said West property line easterly along the arc of said curve, through a central angle of 01°5359", for an arc distance of 495.26 feet; THENCE North 89032'42" East, a distance of 771.08 feet; THENCE South 45°07'59" East, a distance of 21.09 feet to the East line of said property; THENCE along said East property line North 00'11'21" East, a distance of 43.00 feet to said South right of way line; THENCE along said South right of way line South 89 032'42" West, a distance of 1281.28 feet to the POINT OF BEGINNING. The above described parcel contains 37,342 square feet or 0.8572 Acres more or less. Page 1 of 1 VIKA 22260 KENNETH W. %6,,r26,44: GREEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION dies. Prelim: RES 8/10/16 Chk: Appr: Rev: EXPIRES 12/31 /2017 Maricopa County - Real Estate Division GRANTOR DATE EXHIBIT "A" NO. RADIUS DELTA LENGTH TANGENT Cl 14937.00' 01°53'59" 495.26' 247.65' MatchLine Sht 2 33' D22561 NO. BEARING LENGTH John Popoff Tr/ Li S 00°00'09" E . 36.21' Nellie A. Popoff Tr ETAL L2 N 89°32'42" E 771.08' 101-15-005R L5 S 89°32'42" W 1281.28' L6 S 00°0011" E 33.00' co D22561 John Popoff Tr/ Nellie A. Popoff Tr ETAL 101-15-005S NO. BEARING LENGTH RBI S 02°21'17" E 14937.00' J POB ( - — --RBI ne.M.1 Sheet 1 of 2 D22561 Fee Simple Right of Way: 37,342 square feet or 0.8572 acres EXPIRES 12/31/2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATOIN MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. TT511 ITEM No. D22561 DATE 9.15-16 M.C.D,O.T. R/W Tech: Agent: RES P.M. D22561 NO. BEARING LENGTH John Popoff Ti! L2 N 89°32'42" E 771.08' Nellia A Popoff Tr ETAL 101-15-005R L3 S 45°07'59" E 21.09' L4 N 00°11'21" E 43.00' L5 S 89°32'42" W 1281.28' D22561 John Popoff Tr/ _Nellie A. Popoff Tr ETAL co Lc) 101-15-005S N89°32'42"E (.) Match line Sht 1 Sheet 2 of 2 D22561 Fee Simple Right of Way: 37,342 square feet or 0.8572 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, D22561 DATE 9-1546 M.C.D.O.T. R/W Tech: Agent: RES P.M. Parcel No. 101-15-005R, 0055 Project No. TT511 MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 95 th AVENUE Item No. D22561-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENTS Two parcels of land being a portion of that property as described in Document 2009-0684847, Maricopa County Records, lying within the Northwest quarter of Section 17, 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 Northwest corner of Section 17, from which the North quarter corner of said Section 17 bears North 89°32'42" East, a distance of 2628.78 feet; THENCE along the North line of said Section 17 North 89°32'42" East, a distance of 1632.95 feet; THENCE departing said North section line South 00 027 118" East, a distance of 62.04 feet to a point on a curve, the center of which bears North 01°07'49" West, a distance of 14937.00 feet to said point being the POINT OF BEGINNING; THENCE westerly along the arc of a curve through a central angle of 00°35 147", for an arc distance of 155.48 feet; THENCE South 01 043 137" East, a distance of 65.43 feet; THENCE North 88°33'10" East, a distance of 154.75 feet; THENCE North 01°05'13" West, a distance of 65.38 feet to the POINT OF BEGINNING. The above described parcel contains 10,166 square feet or 0.2334 Acres more or less. PARCEL TWO: COMMENCING at the Northwest corner of Section 17, from which the North quarter corner of said Section 17 bears North 89°32'42" East, a distance of 2628.78 feet; THENCE along the North line of said Section 17 North 89 032142" East, a distance of 2034.63 feet; THENCE departing said North section line South 00°27'18" East, a distance of 61.00 feet to the POINT OF BEGINNING; GRANTOR DATE Page 1 of 2 EXHIBIT "A" D22561-2 (conf d) THENCE South 00 02559" East, a distance of 34.16 feet; THENCE North 89°29'12" East, a distance of 163.52 feet; THENCE North 00 02718" West, a distance of 34.00 feet; THENCE South 8903242" West, a distance of 163.50 feet to the POINT OF BEGINNING. The above described parcel contains 5,572 square feet or 0.1279 Acres more or less. Parcels 1 and 2 combined contains 15,738 square feet or 0.3613 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 EXPIRES 12 / 31 /2017 GRANTOR DATE EXIIIBIT "A" DE PARCEL 2 022561 NO, BEARING LENGTH John Popoff In Nellie A. Popoff Tr ETAL Li S 01°43'37" E 65.43' 101-15-005R L2 N 88°33'10" E 154.75' L3 N 01 005'13" W 65.38' L4 S 00 025 159" E 34.16' L5 N 89 029 112" E 163.52' L6 N 00°27'18" W 34.00' L7 S 89°32'42" W 163.50' 022561 L8 S 00 027 1 18" E 62.04' John Popoff Tr/ L9 S 00027'18" E 61.00' Nellie A. Popoff Tr ETAL 101-15-005S NO, BEARING LENGTH ©32'42"E RBI N 01 007'49"W 14937.00' N9 DE PARCEL 1 NO. RADIUS DELTA LENGTH TANGENT CI 14937.00' 00°35'47" 155.48' 77.74' 022561-2 Drainage Easements: Parcel 1: 10,166 square feet or 0.2334 acres Parcel 2: 5,572 square feet or 0.1279 acres EXPIRES 12 / 31 /2017 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION PROJECT No. 7511 ITEM No. D22561-2 DATE 9-15-16 M.C.D.O.T. R/W Tech: Agent: RES P.M.