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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date 12/12/16 Address 3636 North Central Avenue, 3rd Floor Phone 602-230-6271 City Phoenix, Arizona 85012 Fax 602-230-6256 Escrow Officer Bianca Gonzales Escrow No. 15150506-015-BG Grantor: CCI -Fennemore, L.L.C., an Arizona limited liability company Phone: Address: 2850 South Peart Road Phone: City Casa Grande, Arizona 85193 Fax: 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 ▪ Total Acquisition of Grantor's Property: Full release of all Title Policy Fees monetary liens and encumbrances, and leases of any kind. Release Fees Pay in full all due and delinquent real property taxes and general and special improvement assessments. Prorate the current year's real property taxes on closings that occur on or After the 3rd Monday of August each year, Escrow Agent shall withhold the prorated amounts from each party and pay the lien of the current year's taxes in full. Z Partial Acquisition of Grantor's Property: Partial release of all monetary liens and encumbrances, and leases of any kind. At the discretion of Maricopa County, pay due and delinquent 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 • Other Disbursements: Sub Total Land $33,220.00 Drainage Easement $4,007.00 Possession date: Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes EZI No Exhibit "B" Entry Agreement Yes I=1 No Total Closing Costs Addendum attached hereto and made a Yes D No El Total Purchase Price $37,227.00 part hereof TOTAL WARRANT** *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 December 12 2016 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 Assessor Parcel No.: 502-08-009F Item No D23329 Right of Way Agent: Jennifer Rodriguez Telephone # 602-506-4897 The Ecrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and other oncumbrances 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 duo 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 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. NTOR: CCI-Fennemore, L.L.C., RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: zona limited Ii MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Real Property Branch Manager Chairman of the Board Of FOLSOM. I Z0/.2c,i -7 UNOA lOOIOSO ATTEST: NOTARY PIMA NATE a AROMA Date PAW &NAV Oy Commis* Ening Ntroritif 1P, MS Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors Accepted ESCROW OFFICER 11 Al Date GS/CS Revised 10/6/2009 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 502-08-009F Project No.: TT0497 Olive Avenue (Citrus Road to Cotton Lane) Item No.: D23329 & D23329-2 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 Thirty Three Thousand Two Hundred Twenty Dollars and 00/100 ($33,220.00) as payment full for the property described herin, C. To pay the Grantos the sum of Four Thousand Seven Dollars and 00/100 ($4,007.00) as payment in full for the Drainage Easements on the property described herein. 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. 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 Thirty Three Thousand Two Hundred Twenty Dollars and 00/100 ($33,220.00) as payment in full for the property described herein. 3. To accept the sum of Four Thousand Seven Dollars and 00/100 ($4,007.00) as payment in full for the Drainage Easements on the property described herein. 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" and "E" above. S. 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. EXHIBIT "B" Pared No. 502.08-004 Project No. TT497 OLIVE AVENUE . CARES ROAD TO COTTON LANE Item No 023529 EXHIIIIT "A" LEGAL DESCRIPTION FOR.FEE SMILE RIGHT OF WAY A portion of that property described in Document Number 1999-0821738, records of Maricopa County, Arizona lying within the East half of The Southeast quarter of Section 26, Township 3 North, Range 2 West of the Gila and Salt River Ease and Meridian, Matleopa County, Arizona. Said portion ' described as follows: COIVIIVOMING at the Southeast corner of said Section 26; TDEI4CE along the south line of said East half of th6 Southeast quarter of SQ0i1019. 26 North 89°57'47'West -a distance of 23100 feet to the 'Southeast corner ofsaid property desoribed in Document lqumber 1999-0828738; THENCE Wong the East line of said property, North 00 01612 East a distance. of 40.00 feet to the POINT OF IMGINNING; THENCE continuing along said East line North 00°16'32" .East a distance of 25.00 het; THENCE North 8928'03" West, a distance of 57.26 feet; THENCE North 89°57'47 West, a distance of 518.52 feet to a pohlt on the West line _of said property; TIEENCE along said West line South 002139" West, a distance of 30.00 feet to a point on a line parallel and 40.00 feetl\lorth of the south Ile of said Section 26; THENCE along said line South 8905747" East, a diStanco of 1.096.82' feet to the row OF BEGINNING. The above described parcel contains 31,458 square feet or 0.7212 . a0r0i, MOM or less, TOGETHER WITH all right, title and interest in the South 40.00 feet of the East half of the Southeast quarter of said Section 26, EXCEPT the East 233.00 feet thereof `FQ iv11011AEL $1978 a,. KING MARICOPA COTiNTYMPARTMENT OF TRANSPORTATION —-1 Frelint24. Appr: Rev: EXPRES 3731.20f7 4Eitato Divist Parcel No. 60248-009F Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No D23329-2 EXHIBIT "A" LEGAL DESCRIPTION VOR DRAINAGE EASEMENT A. portion of that property described in Document Number 1999-6828736, records of Marloopa County, Arizona Tying within the East half of the Southeast quarter of Section 26, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion more particularly described as fellows: COMMENCING at the Southeast corner of said Section 20 from which the South quarter corner bears North 89°67'47" West a distance of 2,659/6 feet and from which the East quarter corner bears North 009632" East a distance of 2,636.74 feet; thence along the South line of the Southeast quarter of said Section 26, North 895747'' West a distance of 233,00 feet; thence leaving said South line, North 009W-32" East a distance of 66.00 feet to the POINT Or BEGINNING; thence North 86*3417" West, a distance of 441124 feet; thence South 34°6202" West, a distance of 26.94 feet; thence South 89°28'03" East, a distance of 464.87 feet to the POINT OF BEGINNING. The above described parcel contains 0,069 square feet or 0.1101 acres, more or less. IvIARICOPA COUNTY aVARTMENT OF TRANSPORTATION I'M Inca-M-2016 elk Rev: 0034116.1b EX Maricop a County Pu111 Works — Re GRANTOR ATE /c7./42,// , EMMET "A" . Nge 1 of