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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date 03/28/2017 Address 4722 North 24th Street, Suite 200 Phone 602-230-6235 City Phoenix, Arizona 85016 Fax 602-926-0452 Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15160377-015-IBA Grantor: BSE, EEC, an Arizona limited liability company Phone: (623) 931-6500 Address: 10300 W. Buckeye Road Email kenk@legendsfurniture.com City, State Zip Tolleson, AZ 85353-9214 Fax: 623-939-9486 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 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 El 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 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 I J Er Other Disbursements: Sub Total Title Report Credit Land* $4,898.00 Possession date: Improvements* $3,378.00 Close of escrow: Date of recording: . Special Conditions Right of Way Contract Yes ,.. No El Exhibit "B" Total Closing Costs Entry Agreement Yes • No El Total Purchase Price $8,276.00 Addendum attached hereto and made a Yes CI No lzi 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: Trosii Assessor Parcel No.: 101-02-005-A a. Item No D22585 Right of Way Agent: J.R. Williams Telephone # (602) 506-4893 Parr,. 1 nf 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 properly to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPERVISORS. 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. 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 loatkpay-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 any element of this transaction is not handled through a title company, the conveyance will be delivered directly to IvIARICOPA 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. The parties acknowledge that the subject real estate is subject to a current financing lien. All duties and obligations of the Grantor hereunder are contingent on the obtaining of the written consent of the lienholder to this proposed transaction, and the transfers which are described herein, as well as the lienliolder's partial release of its lien over the real property, land and real property interests to be conveyed. If lienholder does not approve, the original documents shall not be recorded and shall be immediately returned to owner. IVIARICOPA 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 MA_RICOPA CODNTY'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: B SE, LLC, an Arizona limited RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: liability corn • any ' MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS By: , WA I 14 III Its. i if , wirAwAiite-imrdirrA 4-; I wimmlopriAro(2.,,,,,611.-11 IVIIINNIVAWATZNIFAMMIIIIIIMPINIMI11111111111111 Real Pro' arty Branch Manager Chairman of the Board iAll=111111IMile41 PlAill_. r Di MIO1 ATTEST: I Date ' Ap 'roved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Accepted Date ESCROW OFFICER De Duty County Attorney Date Date RES/KGR Revised 2/3/2017 Pap-a 2 of 3 Parcel No. 101-02-005A Project No. TT511 MC-85 at 83'd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107111 AVENUE to 95th AVENUE Item No. D22585 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY Two parcels of land being a portion of that property as described in Document 2003-1517317, 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 South quarter corner of Section 8, from which the Southwest corner of said Section 8 bears South 89 032142" West, a distance of 2628.78 feet; THENCE along the South line of said Section 8 South 89 032142" West, a distance of 909.42 feet; THENCE departing said South section line North 00 027118" West, a distance of 65.00 feet to the existing North right of way line of MC 85, also being South line of said property and the POINT OF BEGINNING; THENCE. along said North right of way line North 89 032 142" East, a distance of 70.33 feet; THENCE departing said North right of way line North 44 035 127" West, a distance of 13.15 feet; THENCE South 89 02012" West, a distance of 52.69 feet; THENCE South 42°04'02" West, a distance of 12.55 feet to the roma OF BEGINNING, The above described parcel contains 575 square feet or 0.0132 Acres more or less. . PARCEL TWO: COMMENCING at the South quarter corner of Section 8, from which the Southwest corner of said Section 8 bears South 8903242" West, a distance of 2628.78 feet; THENCE along the South line of said Section 8 South 89 032142" West, a distance of 690.59 feet; THENCE departing said South section lino North 00027118" West, a distance of 65.00 feet to the existing North right of way line of MC 85, also being the South line of said property and the POINT OF BEGMING; GRANTOR Z—V DATE 7 Page 1 of 2 ma' "A" D22585 (cont'd) THENCE along said North right of way line North 89 032142" EaSt, a. cliStanee of 70.12 feet; THENCE departing said North right of way line North 45°24'50" West, a distame of 12,72 feet; THENCE South 8903242" West, a distance of 52.23 feet; THENCE South 44015'26" West, a distance of 12.67 feet to the POINT OF BEGINNING. The above described parcel contains 551 square feet or 0.0126 Acres more 0! Jess. Parcels 1 and 2 combined total 1,126 square feet or 0,Q25 Acres more or less. Page 2 of 2 Lt: 4@, 22260. KENNETH W. ,GREEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION 469%*2;11. Prelim: RES 8/10/16 Appr: •/1-1 Rev: Ot's tyla r I co p a County - Real Estate Division EXPIRES 12 / 31/2017 GRANTOR DATE D22585 BSE LIG 101-02-005A NEW R/W \c. NEW RIVII r-pARcE[,1 . ,i r PARCEL 2 L2 ' .L7 /--ii-- Le ld..I P Li Lb EXIST --R/W PQB MC 85 <)1 \ P013 to (.0 EXIST R/W NO, BEARING LENGTH LI N 89°32'42" E 70.33' L2 N 44°35'27" W 13.15' L3 S-89!2012" 52 6E3' L4 S 42°04'02" W 12_55' L5 I N 89°32142" E 70.12' Le N 46°2450" W 12.72' L7 I S W32512" W 52.23' L8 S 44°15'26" W 12.67' LB N 00.2718" w 65.00' LiO N 00°27'18" W 65.00' KENNETH 22260 W. GREEN , e4,?,2440 nad ,; D225.85 Fee Simple Right of Way: Parcel 1.: 575 square feet or Q.0132 acres Parcel 2: 551. square feet or 0.0126 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE arid CENTER TURN LANE EXPANSION R/W Agent: PM PROJECT No, TT51 -1. ITEM No. D22585 DATE 945-16 Tech; RES EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 101-02-005-A Proj ect No.: TT0511 Project Name: MC85 at 83rd Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22585 (JRW) 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 Four Thousand Eight Hundred Ninety Eight and No/100 DOLLARS ($4,898.00) as payment in fall for the real property described herein. C. To pay the Grantors the sum of Three Thousand Three Hundred Seventy Eight and No/100 DOLLARS ($3,378.00) as payment in fall for the improvements located on the property described herein and broken out as follows: Landscaping: shrubs, underground watering system, granite ground cover, concrete & asphalt paving and concrete curbing (lump sum) —$3,378.00 Site Improvements Total . =$3,378.00 D. 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. E. That no costs relating to construction of roadway improvements on Project No. rros11 will be charged to the Grantor. TIIE 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 Four Thousand Eight Hundred Ninety No/100 DOLLARS ($4,898.00) as payment in full for the property described herein. 3 To accept the sum of Three Thousand Three Hundred Seventy Eight and No/100 DOLLARS ($3,378.00) as payment in full for the improvements located on the property described herein and broken out as follows: Landscaping: shrubs, underground watering system, granite ground cover, concrete & asphalt paving and concrete curbing (lump sum) —$3,378.00 Site Improvements Total =$3,378.00 4 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 "D" above. GRANTOR'. , DATE 4:: i/GRAN4 DATE Page 3 of 3