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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date April 21, 2016 Address 3200 E. Camelback Road, Suite 210 Phone (602)280-7500 City Phoenix, AZ 85018 Fax (866)488-1907 Escrow Officer Mark Osborn Email Escrow No. Grantor: Holsum Bakery, Inc., an Arizona corporation Phone: (229)227-2393 Contact: Ryals McMullian — VP of Mergers & Acquisitions and Deputy General Counsel Email ryals.memullian@flocorp.com Address: 1919 Flowers Circle City, State Zip Thomasville, GA 31757 Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: 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: r Escrow Fees 0 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 Mortgage Release E 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 i 0 Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges I El Other Disbursements: I Sub Total Title Report Credit Land* 4,820.00 Possession date: Improvements* 3,324,00 Close of escrow: '1'CE (2) 7,158.00 Date of recording: Cost to Cure 500.00 111 Special Conditions Right of Way Contract Yes El No Exhibit "B" , Total Closing Costs Entry Agreement Yes 111 No Total Purchase Price 15,802.00 Addendum attached hereto and made a Yes El No I 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 07th Avenue PCN: TT0511 Assessor Parcel No.: 101-05-001S Item No D2267I 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 MARICOPA COUNTY BOARD OF SUPERVISORS. The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed ()Musts, 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; funds to the prorate party 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 not of record at the closing or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for any liens or encumbrances of escrow. The Right of Way Agent or MAR1COPA 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 he 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, alternative, document Maricopa preparation, and other expenses related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow. In the insurance herein are not County may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow Agent and title applicable. If any element of this transaction is not handled through a title company, the conveyance will be delivered directly to MAR1COPA COUNTY and and the payment final filing will and be made direct from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS 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 MARICOPA 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 COUNTY. If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate expiration such of improvements the time provided not later for than 30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further MAR1COPA agreed that upon COUNTY and all rights of the Grantor to removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property in removing of said improvements. License is hereby granted to said improvemeats shall cease and terminate. Grantor shall be liable for the reasonable costs incurred to accomplish the purpose of this agreement. MARICOPA COUNTY or its agents to eater upon the Grantor's remaining lands where necessary MAR ICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA COUNTY's occupation of the Grantor's property caused temporary by MAR1COPA COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the terns of MARICOPA COUN'I'Y's 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 RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: GRANTOR: Holsum Bakery, Inc. an Arizona corporation DEPARTMENT MARICOPA COUNTY BOARD OF MARICOPA COUNTY OF TRANSPORTATION SUPERVISORS By: Its: Assfo‘ 6,4 StARla In beir _ cal Property Branch Manager Chairman of the Board By: 2 40. 1 ATTEST: Its: 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 MAWR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 101-05-001S Project No.: TT0511 Project Name: MC85 at 83 1't Avenue & Center Turn Lane Expansion Project Termini: (95th Ave to 107th Ave) Item No.: D22671 (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 Four Thousand Eight Hundred Twenty and No/100 Dollars ($4,820.00) as payment in full for the real property described herein. C. To pay the Grantor the sum of Three Thousand Three Hundred Twenty-Four and No/100 Dollars ($3,324.00) as payment in full for the minor improvements located on the real property described herein and itemized as follows: Low Maintenance Landscaping & Shrubs, underground watering System, granite ground cover, concrete & asphalt paving, concrete curbing. D. To pay the Grantor the sum of Five Hundred and No/100 DOLLARS ($500.00) as payment in full for a minor Cost to Cure, itemized as follows: Reconfigure Irrigation System E. To pay the Grantor the sum of Seven Thousand One Hundred Fifty-Eight and No/100 Dollars ($7,158.00) as payment in full for the two Temporary Construction Easements as described herein and attached. 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 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 Four Thousand Eight Hundred Twenty and No/100 DOLLARS ($4,820.00) as payment in full for the real property described herein Exhibit "A". 3. To accept the sum of Three Thousand Three Hundred Twenty-Four and No/100 DOLLARS ($3,324.00) as payment in full for the minor improvements located on the real property described herein Exhibit "A" and itemized as follows: Low Maintenance Landscaping & Shrubs, Underground watering System, granite ground cover, concrete & asphalt paving, concrete curbing. 4. To accept the sum of Five Hundred and No/100 DOLLARS ($500.00) as payment in full for a minor Cost to Cure, itemized as follows: Reconfigure Irrigation System 5. To accept the sum of Seven Thousand One Hundred Fifty-Eight and No/100 Dollars ($7,158.00) as payment in full for the two Temporary Construction Easements as described herein and attached. 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 PON DATE q GRANTOR DATE Page 3 of 3 Parcel No. 101-05-001S Project No. TT511 MC-85 at 83 rd AVENUE and th CENTER TURN LANE EXPANSION MC 85: 107 AVENUE to 95th AVENUE Item No. D22671 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in 9, Document Township 1998-0555758, 1 North, Range Maricopa 1 East of County Records, lying within the Southwest quarter of County, Section Arizona, being more particularly the Gila and Salt River Base and Meridian, Maricopa described as follows: COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said Section 9 bears North 89 05527" East, a distance of 2633.95 feet; THENCE along the South line of said Section 9 North 89 055 127" East, a distance 65.00 of 1938.77 feet to feet; the • THENCE departing said South section line North 00'04 133" West, line a of distance said property of and the POINT existing North right of way line of MC 85, also being the South OF BEGINNING; THENCE along said North right of way line North 89 055127" East, a distance distance of 74.16 of 26.82 feet; feet; THENCE departing said North right of way line North 45 006119" West, a THENCE South 89055 127" West, a distance of of 42.78 22.65 feet; feet to the POINT OF BEGINNING. THENCE South 33 00743" West, a distance The above described parcel contains 1,108 square feet or 0.0254 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 /WS"' DATE EMU:1131T "A" /W R D22671 EXIST Holsum Bakery Inc 101-05-001S POB 10 _A MC 85 2633.95' EXIST R/W NO. BEARING LENGTH Ll N 89 055 127" E 74.1 6' • L2 N 45°06'19" W 26.82' L3 S 89055127" W 42.78' L4 S 33°07'43" W 22.65' L5 N 00004.'33" W 65.00' D22671 Fee Simple Right of Way: EXPIRES 12 / 31 /2017 1,108 square feet or 0.0254 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION R/W Agent: M.P. PROJECT No. 11511 ITEM No, D22671 DATE 945-16 M.C.D,O.T. Tech: RES Parcel No. 10145-001S Project No. TT511 MC-85 at 83rd AVENUE and CENTER TURN LANE EXPANSION MC 85: 107th AVENUE to 951h AVENUE Item No D226714 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENTS Two parcels of land being a portion of that property as described of in Section Document 9, Township 1998-0555758, 1 North, Range Maxicopa County Records, lying within the Southwest Marieopa quarter County, Arizona, being more 1 East of the Gila and Salt River Base and Meridian, particularly described as follows: PARCEL ONE: COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said Section 9 bears North 89055'27" East, a distance of 2633.95 feet; THENCE along the South line of said Section 9 North 89°5527" East, distance a distance of 65.00 of 1619A8 feet to feet; the THENCE departing said South section line North being 00°03'03" the Southwest West, a corner of said property and the existing North right of way line of MC 85, also POINT OF BEGINNING; THENCE along said North right of way line North 89°5527" East, West, a distance a distance of 18.99 of 15.00 feet; feet; THENCE departing said North right of way of line 18.99 North feet 00°03'03" to the existing East right of way line of 97 th THENCE South 89'55'27" West, a distance Avenue, also being the West line of way said line property; South 00°03'03" East, a distance of 15.00 feet to the THENCE along said East right of POINT OF BEGINNING. The above described parcel contains 285 square feet or 0.0065 Acres more or less. PARCEL TWO: COMMENCING at the Southwest corner of Section 9 from which the South quarter corner of said Section 9 bears North 89°55 127" East, a distance of 2633.95 feet; THENCE along the South line of said Section 9 North 89'55'27" East, distance a distance of 65.00 of 1927.52 feet to feet; the THENCE departing said South section line North being 00'04'33" the South West, line a of said property and the POINT existing North right of way line of MC 85, also OF BEGINNING; GRANTOR ATM DATE ti Page 1 of 2 EXHIBIT "A" D22671-1 (cont'd) THENCE along said North right of way line North 89°55'27" East, a distance of 11.25 of 22.65 feet; feet; THENCE departing said North right of way line North 33 007 143" East, a distance THENCE North 89055 127" East, a distance distance of of 42.78 26.82 feet; feet to said North right of way line; THENCE South along said 45 006119" North East, right of a way line North 89°55 127 East, a distance of 4.59 feet; THENCE THENCE departing said North right of way line North 00 004133" West, a distance of 44.00 feet; THENCE South 89°55'27" West, a distance distance of of 90.00 44.00 feet; feet to the POINT OF BEGINNING. THENCE South 00004133" East, a The above described parcel contains 2,852 square feet or 0.0655 Acres more or less. Parcels 1 and 2 combined contain 3,137 square feet or 0.0720 Acres more or less. Page 2 of 2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: RES 8/10/16 Chk: Appr: Rev: EXPIRES 12 / 31 /2017 Ma ricopa County - Real Estate Division GRANTOR NAI-gr\ DATE, 4112-4 EXHIBIT "A" N.T.S. D22671 Ho[sum Bakery Inc 101-05-001S TCE PARCEL 2 \--L9 MC 85 Pr. , 1 2633.95' NO. BEARING LENGTH Li N 89°5527" E 18.99' L2 N 00 00303" W 15.00' L3 S 89°55'27" W 18.99' L4 S 0000303" E 15.00' L5 N 89°55'27" E 11.25' L6 N33°07'43" E 22.65' L7 N 89°55'27" E 42.78' L8 S 45°06'19" E 26.82' L9 N 89°55'27" E 4.59' L10 N 00°04'33" W 44.00' L11 S 89°5527" W 90.00' L12 S 00°04'33" E 44.00' L13 N 00°03'03" W 65.00' L14 N 00°04'33" W 65.00' D22671-1 Ternporary Construction Easements: Parcel 1: 285 square feet or 0.0065 acres EXPIRES 12 / 31 /2017 Parcel 2: 2,852 square feet or 0.0655 acres MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION R/W Agent: M.P. PROJECT No, TT511 I ITEM No. D226714 DATE 9-1546 I M.C.D.O.T. Tech: RES z OD OD OD OD 0 Q0 e .8 (!) n vi vls derS gt 0 M" 9 Z; g•ti 0 tt: acv-spsvau Thsa (A4691 a u h dews owv Roodsrsy559S650110-1-14C85PtsanlICa-06M-ShodeRoadrarenE 10111.11.4,4Ag Plo.cdDy: Neiiniton 17242012 PM T.. S..4431.3,xn KAPSEX di 17: +00 - .1.2041400 +OK 112.orru (V. 21,2 MATCH LINE STA 1205+00 (SEE SHT P39) ro 9 OT:shq1A ;71 piv.ivn; w ea,zk‹ 05+00 (SEE SHT P For See axonal), SW Sheet Section O. Celan P00 Elev Ste TOM Line 101-14-008.16 giTi Game-tame 987.04 1205+35.25 1..LC n 11.1117AC.b 65.57 New WmIc 1.205-51 DE ANC NCCOcInIarAi F 7.170 fltw of -roe SEC Now TEN-R1O Rini 76 . = Frivolo See - -APN "J-7:./N-RtLE SECS Note frriarl/ON Elizabeth Holsorn 4 F8.8..1001.16 101.14-008-00 C. tor-osLzoi.s ankery Garretson '2-C-1 Work ct Aloe F ,:t 2,664 ottret MATCH AND -----100 PROJECT PROJECT 77511 7: /1 7T345 7016 CZ, +2* 1.4,Z, ATA–RTc cc. 6. 5. 4. 2. 1. 155 Restoration Rofor #10167 P0107 Rektr #12(06 Refer. ..v:-..T.t,CITY:OFt.P1,./.0ENJXT 036k fa 10 10 lo 16 •-- Special Sheet Shoot Shaer Sheet toSheet Han •• -- Pavement. 176 P1.07 D.20 P475* I",20' 'COUNTY- wilt 1207+71 Provisions for R20 for roc for M1X Am.. Rccomincro far 1.F97t16g Signing2 Drainage 85 NOTES 17. Reclaim. tT, 3313 now ExPsting Pao Pen. Panne. NI TOE. 700,0. Plan St4pro9 4 Lertasoapo Private Plan, known. O @ S 6,121' Wet r Re Ste Per Ste P or Tack A5C, AC AC Cement Unte Limo Ste 50NSTRU01105 FOR FINAL 'Racer Aohoeule wiF2tIMOTO 7205+00 7440 ortslrect 1206,00 COP Cons1.0 1205.00 #240 Garland Coal Slurry StrOgredo COnstreet AZ STATE SRP #205+40 iT;o7g SW Now 218 New fiew Thick (Sunorpavo (Superpave Prep 1200+0010 New 0 I 1305000 10716 DEPARTMENT 41.510, 40 510 10 N Sla Ste to Oat Conc 10 518 Do) Corm lo Sin 5000,6 Coos it" 5+16220040 Sla 11511 ROJECT PAVING *Nev., UCSIGNCI, Transmission Soo PVC 220, P1230 270. M(6) 'Mix? Roadway NC. 00 PROJECT AVENUE ENGINEERING 00 MAR1COPA inigclion 725065S TtZ 1:7io 1206+29 120e+e0 020 1270s79 Sieewak 1208+00 Type 02G- 3" 4" 0• 1208+00 CONSTRUCrON 1,0 Stk PLAN lOoccm,oki TO MC 85 General F) rr Rt LI TORE *4 Rr A Watt Thick Thick Per kk 1 1200407 R0.71-511 9516 COUNTY (8980) Notes Pipe Strectural cz1 ,finzec, Kimiey*Horn Cr 010I0I0N TRANSPORTATION Setup Sleeve AVELquE Section 0 RECORD Area I 1049 1.98 845 400 534 35 2806 No. DRAWING e:OtTE,1 01,CO17 cAr. 607 Sy aoa4f #77451 300 LI' Tons Tans Tons TONS 237601 Tans 25065y 07 1 Sy