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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date February 13, 2017 Address 3636 N Central, #140 Phone 602-230-6247 City Phoenix, Arizona 85012 Fax 602-294-6247 Escrow Officer Jason Bryant Escrow No. 15160338-015-JBA Grantor: RITTENHOUSE RANCH ON THE CREEK COMMUNITY ASSOCIATION Phone: 480-699-4739 Address: 4645 E. Cotton Gin Loop Rep: Troy Stratman City Phoenix, Arizona 85040 Assist: Bob.zambie@calatl.co Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address. Maricopa County Department of Transportation Real Estate Division, 2901 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 D 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 ig] 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) S.R.V.W.U.A. of Purchase. The current year's taxes shall not be prorated Taxes - Prorated regardless of the closing date. LI Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges 0 Other Disbursements: Sub Total Land $340 Improvements* $4,200 Possession date: (See Exhibit B List) Close of escrow: Date of recording: TCE Improvements $500 (See Exhibit B List) Special Conditions Right of Way Contract Yes El No 0 Exhibit "B" Total Closing Costs Entry Agreement Yes 0 No EI Total Purchase Price $5,040 Addendum attached hereto and made a Yes 0 No 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 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: Rittenhouse Road Bridge at Queen Creek Wash PCN: TT0430 Assessor Parcel No.: 314-04-977 Item No D23384 Right of Way Agent: Gayle Leonard Telephone # 602-506-8684 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 MAR1COPA 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 fillARICOPA 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. The Temporary Construction Easement (TCE) is hereby granted to MARICOPA COUNTY or its agents to enter upon the described lands necessary to accomplish the purpose of this agreement. If MARICOPA COUNTY is acquiring only a portion of Grantors property, then Grantor grants to MARICOPA COUNTY, its agents, employees and contractors, the right to enter Grantor's remaining property , as described in the ICE, 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: RITTENHOUSE RANCH ON RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: THE CREEK—CalMUNITY MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Sign 47-P,i oc-47-77 Land Acquisition Branch Manager Chairman of the Board Title —I Print /12/2DI? 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 Parcel No. 3144)4-977 Project No. TT430 RITTENHOUSE ROAD BRIDGE at QUEEN CREEK WASH Item No, D23384 LEGAL DESCRIPTION FOR FEE SIIVIPLE RIGHT OF WAY A portion of the Northwest quarter of Section 25, Township 2 South, Range 7 East of the Gila, and Salt River Base and Meridian, Maricopa Comfy, Arizona, being more particularly described as follows: Commencing at the Center quarter corner of said Section 25 which bears North 89°371_0" East, a distance of 2631.40 feet from the West quarter corner of said Section 25; thence North 00 027120" West along the north-south midsection line of said section, a distance of 1311.18 feet Co the south line of the north half of the northwest quarter; thence leaving said north-south midsection line South 89 039'04" West along said south line of the north half of the northwest quarter, a distance of 1009,95 feet to a point on a spiral curve, said point also being on the existing westerly right-of-way line of Rittenhouse Road, said point also being the southeast corner of Tract X as shown on the Final Plat for La Sentiero as recorded in Book 793 page 13, Maricopa County Records, and the point of beginning; thence continiriu g South 89 1 39'04 1 West along said south line of the north half of the northwest quarter, a distance of 86.26 feet; thence leaving said south line North 49 039 135" East, a distance of 65.96 feet to a point on a spiral curve, said point also being on said easterly property line of said subdivision, said line also being the existing westerly light-of-way line of Rittenhouse Road; thence southeasterly along said spiral curve and said easterly property line of said subdivision, a distance of 55.44 feet to southeast corner of said Tract X and the point of beginning. The above described parcel contains 1,831 °squire feet or 0.0420 acres, more or less. Page 1 of 1 MARICOPA COUNTY Prelim: 05/2212016 khk: Appr: Rev: - LICEITRIT "A" Union Pacific Rittenhouse Ranch Railroad Company William Lyon on the Crook "\ ' 304-0-020 Homes Inc Community Asso 304-92-002E 314-04-977 Ryland Homes I Tract X \ - of Arizona Inc 314-04-953 I LI South line of north half of northwest quarter , Union Pacific Railroad _Company 304-92-021B LN Cloud Ranches . Limited Partnership SEC 304-92-005G MID LINE DATA 111..11/11L LENGTH 111 I LLL1111 INV 1009.95' . 12 S 89039'04"W 86.26' 111111" 65.96' EXPIRES 12 / 31/ 2017 Total Regicl. RNV Area: 1,831 square feet or 0_040 acres MARICOPA COUNTY RITTENHOUSE ROAD BRIDGE at QUEEN CREEK WASH PROJECT No. TT430 ITEM No. D23384 DATE 07102/2016 MARICOPA COUNTY R/W AGENT P.M. Parcel No. 314-04-977 Project No. TT430 RITTENHOUSE ROAD BRIDGE at QUEEN CREEK WASH Item No. D233844 LEGAL DESCRIPTION A portion of the Northwest quarter of Section 25, Township 2 South, Range 7 East of the Gila and Salt River Base and Meridian, Maiicopa County, Arizona, being more particularly described, as follows: Commencing at the Center quarter corner of said Section 25 which bears North 89°37"10" East, a distance of 2631.40 feet from the West quarter corner of said Section 25; thence North 00°27'20" West along the north-south midsection line of said section, a distance of 1311.18 feet to the south line of the north half of the northwest quarter; thence leaving said north-south midsection line South 89°39'04" West along said south line of the north half of the northwest quarter, a distance of 1009.95 feet to a point on a spiral curve, said point also being on the existing westerly right-of-way line of Rittenhouse Road, said point also being the southeast corner of Tract X as shown on the Final Plat for La Sentiero as recorded in Book 793 page 13, Maricopa County Records; thence continuing South 89 039'04" West along said south line of the north half of the northwest quarter, a distance of 86,26 feet to the point of beginning; thence continuing South 89 039'04" West along said south line of the north half of the northwest quarter, a distance of 9.34 feet; thence leaving said south line North 49'3935" East, a distance of 69.02 feet; thence North 41 01756" West, a distance of 61.53 feet; thence North 48°2336" East, a distance of 4.00 feet to a point on a spiral curve, said point also being on said easterly property line of said subdivision, said line also being the existing westerly right-of- way line of Rittenhouse Road; thence southeasterly along said spiral curve and said easterly property line of said subdivision, a distance of 67.62 feet; thence leaving said spiral curve and the easterly property line of said subdivision South 49°39'35" West, a distance of 65.96 feet to the point of beginning. The above described parcel contains 669 square feet or 0.0154 acres, more or less. Page 1 of 1 22260 - KENNETH W. GREEN MARICOPA COUNTY 42,12,01 Prelim: 08/2212016 Appr: Rev: -.01" .'r-14 44,4d100 EXPIRES 12 / 31 /2017 GRANTOR DATE 7-1/ EXHIBIT "A" Un)on Pacific Rittenhouse Ranch Railroad Company William Lyon 304-0-020 NO`) Homes Inc on the Creek 304-92-002E Community Asso 314-04-977 Not to Scale )\66 Ryland Homes Tract X of Arizona Inc 314-04-953 Ll • \ - L2 \ \- Sout line of north half L3 P.O.B. of northwest quarter L - \ \ \ Union Pacific • \ Railroad Company \ \ 304-0-0218 Cloud Ranches \ LIV Limited Partnership 304-92-005G < < SEC \ 6 MID LINE DATA V-- NO. BEARING LENGTH 00 Ll S 89°39'04" W 1009.95' W L2 S 89°39'04" W 86.26' L3 S 89039 104" W 9.34' 02720" L4 N 49°39'35" E 69.02' L5 N 41'17'56" W 61.53' 00 N L6 N 48°23'36" E 4.00' L7 S 49°39'35" W 65.96' IV89°37'10"E 2631.40' MID SEC LN CI) EXPIRES 12/31 /2017 Total Reqid. T.C.E. Area: 669 square feet or 0.0154 acres MARICOPA COUNTY RITTENHOUSE ROAD BRIDGE at QUEEN CREEK WASH PROJECT No. TT430 I ITEM No. 023384-1 I DATE 08122/2016 1 MARICOPA COUNTY J R/IN AGENT P.M. RIGHT OF WAY PURCHASE AGREEMENT Exhibit "B" Parcel No.: 314-04-977 Project No.: TT0430 Rittenhouse Road (Bridge at Queen Creek Wash) Item No.: D23384 (GL) 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 contract. THE COUNTY OF MARICOPA AGREES: A. To use the property described in Exhibits "A" for the general welfare and benefit of the public. B. To pay the Grantor the sum of Three Hundred Forty and no/100 dollars ($340.00) as payment in fall for the Fee acquisition described herein. C. To pay the Grantor the sum of Four Thousand Two Hundred and No/100 Dollars ($4,200.00) as payment in fall for the improvements in the Fee area described herein: 9 - 3' high Bushes $200 ea = $1,800; 3 Mature Trees $700 ea = ($2,100.00) Rock Ground Cover $300; all prices include installation. Total price for Improvements in Fee area; ($4,200.00). D. To pay the Grantor the sum of Five Hundred Dollars as payment in full for the improvements in the Temporary Constrution Area described herein: 2 — 3' high Bushes $200 ea = ($400); Rock Ground Cover $100; all prices include installation. Total price for Improvements in TCE area ($500.00). 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. To perform all of the road construction for Project Number TT0430, Rittenhouse Road Bridge Improvements, at no cost to the Grantor. THE GRANTOR AGREES: To grant the real property described in Exhibits "A" to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of Three Hundred Forty and no/100 dollars ($340.00) as payment in full for the Fee acquisition described herein. 3. To accept the sum of Four Thousand Two Hundred and No/100 Dollars ($4,200.00) as payment in full for the improvements in the Fee area described herein: 9 - 3' high Bushes $200 ea = $1,800; 3 Mature Trees $700 ea = ($2,100.00) Rock Ground Cover $300; all prices include installation. Total price for Improvements in Fee area; ($4,200.00). Page 1 of Exhibit "B" Parcel No.: 314-04-977 Project No.: TT0430 Rittenhouse Road (Bridge at Queen Creek Wash) Item No.: D23384 (GL) 4. To accept the sum of Five Hundred Dollars as payment in full for the improvements in the Temporary Constrution Area described herein: 2 — 3' high Bushes $200 ea — ($400); Rock Ground Cover $100; all prices include installation. Total price for Improvements in TCE area ($500.00). 5. That the County, or its agents, are hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing "F" & "G" above. 6. That, upon the Grantor's signing of this Purchase Agreement, the County and/or its agents shall have immediate use of the property described herein. DATE Page 2 of Exhibit "B"