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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company First American Title Date December 19,2016 Address 2425 E. Camelback Road, Suite 300 Phone 602-567-8100 City Phoenix, AZ 85016 Fax Escrow Officer Carrie L. Peterson Escrow No. NCS-769621A-PHX1 Grantor: SimonCRE Beacon H, LLC, an Arizona limited liability company Phone: 480-887-0644 Address: 6900 E. 2nCi Street Phone: City Scottsdale, AZ 85251 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 O 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 [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 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. • Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges O Other Disbursements: Sub Total Title Report Credit Land & Improvements* $10.00 Possession date: Upon Signature Severance Damages Close of escrow: TCE Date of recording: Cost to Cure Special Conditions Right of Way Contract Yes El No Exhibit "B" Total Closing Costs Entry Agreement Yes D No E Total Purchase Price $10.00 Addendum attached hereto and made a Yes D No 1E] 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: Salome HighwayANintersburg Road PCN: TL008 — Z2016023 Assessor Parcel No.: 506-44-076N (Portion) Item No DD-10829 Right of Way Agent: Steven Warburton Telephone # 602-506-4746 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 - 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. The property owner 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 IVIARICOPA 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. RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: By: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS /If ‘54-t-C-7 Real Property Branch Manager Chairman of the Board 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 S/CS Revised 10/6/2009 Exhibit "B" RIGHT OF WAY AGREEMENT Parcel No.: 506-44-076N (Portion) Project No.: TL008— Salome Hwy/Wintersburg Rd. Item No.: DD-10829 — Z2016023 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 real property described in Exhibit "A" for the general welfare and benefit of the public. B. To pay the Grantor the sum TEN and no/100 dollars ($10.00) as payment in full for the property described herein. C. 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 County. 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 TEN and no/100 dollars ($10.00) as payment in full for the property described herein. 3. That acceptance of this property in no way obligates Maricopa County to construct or maintain a roadway within the Right of Way granted by this document. GRANTOR DATE 1 - I Z EXHIBIT "B" EXHIBIT "A" DESCRIPTION OF 10' RIGHT OF WAY DEDICATION A PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 1 NORTH, RANGE 6 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA LYING NORTH OF THE HASSAYAMPA—SALOME HIGHWAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A MARICOPA COUNTY HIGHWAY DEPARTMENT BRASS CAP IN HANDHOLE MARKING THE EAST QUARTER CORNER OF SAID SECTION 16 FROM WHICH A MARICOPA COUNTY HIGHWAY DEPARTMENT BRASS CAP IN HANDHOLE MARKING THE SOUTHEAST CORNER OF SAID SECTION 16 BEARS SOUTH 00 DEGREES 05 MINUTES 09 SECONDS EAST 2640.89 FEET, SAID DESCRIBED LINE BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 05 MINUTES 09 SECONDS EAST 890.39 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 56 MINUTES 43 SECONDS WEST 55.00 FEET TO THE WESTERLY RIGHT OF WAY OF WIN TERSBURG ROAD AND A HALF INCH CAPPED REBAR STAMPED 42137 AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 05 MINUTES 09 SECONDS EAST 368.79 FEET ALONG SAID WESTERLY RIGHT OF WAY TO A HALF INCH CAPPED REBAR STAMPED 42137; THENCE NORTH 56 DEGREES 22 MINUTES 35 SECONDS WEST 12.02 FEET ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF HASSAYAMPA—SALOME HIGHWAY; THENCE NORTH 00 DEGREES 05 MINUTES 09 SECONDS WEST 362.13 FEET ALONG A LINE 10.00 FEET WEST OF THE WESTERLY RIGHT OF WAY OF SAID WINTERSBURG ROAD; THENCE NOR 77-1 89 DEGREES 56 MINUTES 43 SECONDS EAST 10.00 FEET TO THE POINT OF BEGINNING. COMPRISING OF 3,655 SQ. FEET OR 0.084 ACRES MORE OR LESS, SUBJECT TO ALL EASEMENTS OF RECORD 21415 N. 23rd Avenue Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) SURVEYING SERVICES, INC. www.superiorsurveying.com info@superiorsurveying.corn EXPIRES 3/31/17 DATE: 9/23/16 JOB NO.: 160117EX EAST 1 4 CORNER MAP EXHIBIT SECTION 16 TO1N, RO6W FOUND MAR1COPA COUNTY DEPICTION OF HIGHWAY DEPARTMENT 10' RIGHT OF WAY DEDICA770N BRASS CAP IN HANDHOLE (76 tYd 1 POINT OF L5 zi BEGINNING '0) 00 10' RIGHT OF WAY 50-11 (0 N1- DEDICATION 55' R/W 506— 44 — 076N NOT TO SCALE LINE TABLE L3 LINE BEARINGS LENGTH 15/440' 44,gis Li S 8956'43" W 55.00' L2 S 00V5'09" E 368.79' 441:94'0 L3 N 5622'35" W 12.02' L4 N 00'05'09" W 362.13' L5 N 89'56'43" E 10.00' SOUTHEAST CORNER SECTION 16, TO1N, R06W FOUND MARICOPA COUNTY HIGHWAY DEPARTMENT BRASS CAP IN HANDHOLE LOWER BUCKEYE ROAD 21415 N. 23rd Avenue Phoenix, AZ 85027 623-869-0223 (office) 623-869-0726 (fax) SURVEYING SERVICES, INC. www.superiorsurveying,corn info@superiorsurveying.corn EXPIRES 3/31/17 DATE: 9/23/16 JOB NO.: 160117EX Maricopa County Department of Transportation Real Estate Division 2801 West Durango Street • Phoenix, Arizona 85009-6399 Telephone (602) 506-1421 • Fax (602) 506-4161 Name of Payor(s): SimonCRE Beacon II, LLC, an Arizona limited liability company Property Address: Maricopa County Assessor Parcel No. 506-44-076N To Whom It May Concern: I am currently granting a Warranty Deed for roadway purposes to the Maricopa County Department of Transportation, through an escrow at First American Title, Carrie L. Peterson, Escrow Officer. This letter is my authorization, as owner of the property, to provide "Partial Release" and all information on my loan account to the Escrow Officer or employees of Maricopa County Department of Transportation. This is a Public Agency acquisition of land for use as a right-of-way for a public roadway improvement project. Maricopa County has the power of Eminent Domain and this transaction is subject to that power. Signature Date LOAN( INFORMATION: eotroci Lending Company: &terns Bank National Association Address: E.sheol (2,tvd, SCArf+50Wc 557.(vo Account Number: 0E53 Toll-Free Telephone 4 460— 7)91 —5ci - 0 LOAN INFORMATION: (2 nd Loan if Applicable) Lending Company: Address: Account Number: Toll-Free Telephone 4