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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date 2/7/2017 Address 4722 North 241° Street, Suite 200 Phone 602-230-6235 City Phoenix, Arizona 85016 Fax 602-926-0452 Escrow Officer Bianca Gonzales Escrow No. 15150512-015-BG, 15150513-015-BG and 15150519-015-BG Grantor: Sunset Tartesso, LLC, an Arizona limited liability company Phone: 480-831-9200 x 2467 Address: 1400 East Southern Avenue, Suite 720 Phone: City Tempe, Arizona 85282 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 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 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 the Release Fees Maricopa County's partial acquisition, and any Certificate(s) of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges CI Other Disbursements: Sub Total Title Report Credit Land $66,369.00 Possession date: Improvements $44,512.00 Close of escrow: Drainage Easement $35,065.00 Date of recording: Cost to Cure Special Conditions Right of Way Contract Yes El No El Exhibit "B" Total Closing Costs Entry Agreement Yes LI No El Total Purchase Price $145,946.00 Addendum attached hereto and made a YesO 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 February 7 2017 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: Olive Avenue (Citrus Road to Cotton Lane) PCN: TT0497 023335, 023336 and Assessor Parcel No.: 502-10-007A, 502-10-007E, 502-10-007Q, and 502-10-982 Item No D23342 Right of Way Agent: Jennifer Rodriguez Telephone # 602-506-4897 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 MARICOPA COUNTY caused by the Grantor after the date of this agreement. MARICOPA 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 - Public Works 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 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 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 MARICOPA 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 MARICOPA 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 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 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: Sunset Tartesso, LLC RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: an Arizona limited liability company MARICOPA COUNTY DEPARTMENT MAR1COPA COUNTY BOARD OF // /7 OF TRANSPORTATION SUPERVISORS BY 1Tfair Real Property Bra ch ,ager Chairman of the Board ITS 7 ATTEST: 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 GS/CS Revised 10/6/2009 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 502-10-007A, 502-10-007E, 502-10-007Q, and 502-10-982 Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23335 and 023342 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 in Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantors the sum of Sixty Six Thousand Three Hundred Sixty Nine Dollars and 00/100 ($66,369.00) as payment full for the property described herein. C. To pay the Grantors the sum of Thirty Four Thousand Eighty One Dollars and 00/100 DOLLARS ($35,065.00) as payment in full for the Drainage Easement. D. To pay the Grantors the sum of Forty Four Thousand Five Hundred Twelve Dollars and No/100 DOLLARS ($44,512.00) as payment in full for the Drainage Basin Improvement. E. 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. F. That no costs relating to construction of roadway improvements on Project No. TT0497 Olive Avenue (Citrus Road to Cotton Lane) 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 Sixty Six Thousand Three Hundred Sixty Nine Dollars and 00/100 ($66,369.00) as payment in full for the property described herein. 3. To accept the sum of Thirty Five Thousand Sixty Five Dollars and 00/100 DOLLARS ($35,065.00) as payment in full for the improvements located on the property described herein. 4. To accept the sum of Forty Four Thousand Five Hundred Twelve Dollars and No/100 ($44,512.00) as payment in full for the Drainage Basin improvements located on the property described herein 5. To 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 "E" and "F" above. 6. That, upon the Grantor's signing of the Warranty Deed, the County and/or its agents shall have immediate use of the property described herein. GRANTOR V`-- DATE 'LP IC) GRANTOR DATE EXHIBIT "B" Parcel No. 502-10-007A, 007E Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23335 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of that property ,described in Document Number 2013-0196066, records of Maricopa County lying within Tracts A, B, C, D and E of Lots 4068 through 4071, inclusive and Tract A of Lot 4072 of Resubdivision of Unit no. 38 of Romafa of Arizona Grapefruit Unit, according to .I3ook 18, of Maps, Page 38, records of Maricopa County, Arizona and being a portion of Section 35, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona described as follows: COMMENCING at the Northwest corner of the Northwest quarter of said Section 35, from which the West Quarter corner bears South 00 01817" West, a distance of 2 1639.68 feet and from which the North quarter corner bears South 89 057133" East, a distance of 2 1639.87 feet; thence along the West line of said Northwest quarter, South 00°18'17" West, a distance of 82.85 feet; thence leaving said West line, South 89°41'43" East a distance of 33.00 feet to a point on the East line of the West 33.00 feet of said Northwest quarter also being the POINT OF I3EGINNING; thence along said East line South 00°1817" West a distance of 969.18 feet; thence leaving said East line, thence South 89 041 143" East, a distance of 32.00 feet to a point On the East line of the West 65.00.feet of said Northwest quarter; thence along said last said East line, North 00 111817" East a distance of 829.35 feet; thence leaving last said East line, South 89056159" East a distance of 20.00 feet; thence North 00 018141" East, a distance of 20.00 feet; thence South 89°57'01' East, a distance of 118.00 feet; thence North 00 018117" East, a distance of 163.00 feet to a point on the South line of the North 40.00 feet of said Northwest quarter; thence along said South line, North 89°57'33" West a distance of 120.00 feet; thence South 00°18'17" West, a distance of 43.00 feet; thence North 89 057133" West,' a distance of 50.00 feet to the POINT OF BEGINNING. The above described parcel contains 53,135 square feet or 1.2198 acres, more or less. Page I of f MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 1-22-2016 Chic Appr: Rev: 07-20-16 jb Maricopa County Public Works - Real Estate Division EXPIRES 12131/2017 GRANTOR DATE 2,11/11 EXKIBIT 11A" Parcel No. 502-10-982 Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No, 1)23336 EXTORT "A" LEGAL DESCRIPTION FOR EEE SIMPLE RIG-li OF WAY A portion of that. property described in Document Number 2015-0151442, records of Maricopa County lying within the Re-subdivision of Unit No. 38 of Remola of Arizona Grapefruit Unit, according to Book 18 of Maps, Page 38, records of Marieopa County, Arizona lying within Section 35, Township 3 North,. Range 2 West of the Gila and Salt River Base and Meridian. Said portion being more partirlarly described as follows: COMMENCING at the Northwest corner of the Northwest quarter of said Section 35, from which the West Quarter corner bears South 00 018'17" West, a distance of 2,639.68 feet and from which the North quarter corner bears South 89'57'33" East, a distance of 2,639,87 feet; thence along the North line of said Northwest quarter, South 89 °5733" East a distance of 1265.40 feet; thence South 00°02'27" West, a distance of 40,00 feet to a point on the South line of the North 40 feet of said Northwest Quarter and also the POINT OF BEGINNING; -thence along said South line, South 89'57'33" East a distance of 40.00 feet; thence South 00 00227" West, a distance of 10.00 feet; thence North 89 °57'33" West, a distance of 40.00 feet; thence North 00'0227" East, a distance of 10.00 feet to the POINT OF BEGINNING. The above described parcel contains 400 square feet or 0.0092 acres, more or less. Page 1 of I -M}F c/ T4 22260 KENNETH W. MAR1COPA COUNTY DEPARTMENT OF TRANSPO.RTAT1ON GREEN 01/20/16 Chk: s I Appr! Rev: 07/21/16P; 11/02116 jb Maricopa County Public Works - Real Estate Division EXPIRES 12/31/2017 GRANTOR DATE II. /11 EXHXBIT "A" Parcel No. 502-10-007Q Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23342-2 EXHIBIT LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A portion of that property described in Document Number 2013-0196085, records of Maricopa County lying within Tract D and E of Lot 4132 of Resubdivision of Unit no. 38 of Romela of Arizona Grapefruit Unit, according to Book 18, of Maps, Page 38, records of Maricopa County, Arizona and being a portion of Northeast quarter of Section 35, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the Northeast corner of the Northeast quarter of said Section 35 from which the North quarter corner of said section 36 bears North 89°57'47" West a distance of 2,659.76 feet and from which the East quarter corner of said Section 35 bears South 00°17'28" West a distance of 2,647.90 feet; thence along the North line of said Northeast quarter, North 89°57 147" West a distance of 2014.77 feet; thence leaving said North line, South 00 01817" West a distance of 40.00 feet to a point on the North line of said property described in Document Number 2013-0196085 and also the POINT OF BEGINNING; thence along last said North line, South 89°57'47" East a distance of 419.02 feet; thence leaving last said North line, South 00°18'17" West a distance of 90.00 feet to a point on the South line the North 130.00 feet of said Northeast quarter;.thence along said South line, North 89°57'47" West, a distance of 419.02 feet; thence North 00°18'17" East, a distance of 90,00 feet to the POINT OF BEGINNING. The above described parcel contains 37,712 square feet or 0.8658 acres, more or less. Page 1 of I WHAM 39054 T. WAAGE MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION v Prelinr1-27-2016 Chic Rev: 08/01/16 jb EXPIRES 12/31/2018 Maricopa County Public Works—Real F,state Division DATt 1-0((1 EXHIBIT "A"