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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, 3 1d Floor Phone 602-230-6271 City Phoenix, Arizona 85012 Fax 602-230-6256 Escrow Officer Bianca Gonzales Escrow No. 15150507-015BG Grantor: CCI-FENNEMORE, LLC 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 El 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. EI 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 I=1 Other Disbursements: Sub Total Rail Spur Land $75,050.00 Railroad Spur $73,200.00 Possession date: Drainage Easement $1,823.00 Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes El NoEl Exhibit "13' Entry Agreement Yes ID No El Total Closing Costs Addendum attached hereto and made a Yes 111 NoEl Total Purchase Price $150,073.00 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.: 502-10-004A Item No D23330 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 IVIAR1COPA COUNTY by the Grantor. Grantor agrees MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due NIARICOPA COUNTY from the Grantor, or to payment for any toss 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 isle 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, Ntaricopa County may, at Its option, waive escrow and/or title insurance. Upon such wahier, 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 MAR1COPA COUNTY BOARD OF SUPERVISORS and the final filing and recording of the documents. ills 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 arid complete compensation for all Injury or damage to the Grantor's remaining lands by mason 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 MAR1COPA COUNTY and all rights of the Grantor to said improvements shall cease and terminate. Granter 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 NIARICOPA 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 bp responsible to the extent that damage occurs out of NIARICOPA COUNTY's occupation of the Grantor's property caused by MARICOPA COUNTY% 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 12-621. 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 anytgo1aLcreallmj .91sirative proceeding. : CCI-FEN1SJEMORT7LLC ascOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: ICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF F TRANSPORTATION SUPERVISORS otz„ Real Property Branch Manager Chairman of the Board t Iftila.2r7 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 101612009 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.:502-10-004A Project No,: TT0497 Olive Avenue (Citrus Road to Cotton Lane) nem No.: 1)23330 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 Seventy Five Thousand Fifty Dollars and 00/100 ($75,050.00) as payment full for the Rail Spur Land. C. To pay the Grantors the sum of Seventy Three Thousand Two Hundred Dollars and 001100 ($73,200.00) as payment full for the Rail Spur, D. To pay the Grantors the sum of One Thousand Eight Hundred Twenty Three Dollars and 00/100 ($1,823.00) as payment in full for the Drainage Easement, 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 Seventy Five Thousand Fifty Dollars and 00/100 DOLLARS ($75,050.00) as payment in full for the Rail Spur Land. 1 To pay the Grantors the sum of Seventy Three Thousand Two Hundred Dollars and 00/100 ($73,200.00) as payment thl I for the Rail Spur 4. To pay the Grantors the sum of One Thousand Eight Hundred Twenty Three Dollars ($1,823.00) for payment. in full for the Drainage Easement, 5, 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 DATE GRANTOR DATE EXHIBIT Parcel No. 5112-10-004A project No. TT497 OLIVE AVENUE emus ROAD TO COTTON LANE - Rem No, 1)23330 EXHItilT "A" LEGAL DESCRIPTION FOR WE SIMPLE RIGHT OF WAY A portion of Parcel_ No. 2 as described in Document Number 19994)614207, Records of Maricopa County (MCR) Section 35, Township 3 North, Range 2 West of the Gila and .Salt River Base and Meridian, Maricopa County, Arizona described as follows: The West 50.00 feet of the Bast 83.00 feet of the South 667.00 feet of the North 700.00 feet of said Section 35, EXCEPT all anon's, oil, gas, hydrocarbon substances, metallic and. other solid minerals as TOE eflred ill Recording Number 19934)174911 (vICR) The above described_ parcel contains 33,350 square feet, or 01656 acres more or lesS. Together with all title and interest in North 33 feet of said Section 35 as described in Book 18, Page 38 lying within Parcel No, 2 of Document number 1999-0614207. ?agoI oft MARICOPA COUNTY DEPARI1v113NT. OF TRANSPORT/MON Pnam:3-3a-016 Apr Rev: 09/03/16 ' 4XPI1ES 3.3122017 1\0 ricnpa County Pubito virorh—Rpfisuate Di* GR.A\NTO XRIBIT "A° Parcel No. 502-08-014B, 014G Project No. TT497 OLIVE AVENUE CITRUS ROAD TO COTTON LANE Item No. D23330-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A two portion of that property described in Document Number 1999-0614207, Records of Maricopa County (MCR) Section 26, Township 3 North, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: PARCEL TWO: COMMENCING at the Southeast corner of said Section 26 from which the South quarter corner bears North 89°5747" West a distance of 2,659.76 feet and from which the East quarter corner bears North 00°16'32" East a distance of 2,636.74 feet; thence along the East line of the Southeast quarter of said Section 26, North 000 16'32" East, a distance of 294.86 feet; thence leaving said East line, North 89 043'28" West a distance of 33.00 feet to a point on the West line of the East 33.00 feet of said Southeast quarter and also the POINT OF BEGINNING; thence along said West line, South 0001632" West, a distance of 230.00 feet; thence leaving said West line, North 89°57'47" West a distance of 10,00 feet to a point on the West line of the East 43.00 feet of said Southeast quarter; thence North 00°16'32" East, a distance of 230.04 feet; thence South 89°4328" East, a distance of 10.00 feet to the POINT OF BEGINNING. The above described parcel contains 2,300 square feet or 0,0528 acres, more or less. Page 1 of 1 MAMMA COUNTY DEPARTMENT OF TRANSPORTATION Pre1im3-30-2016 Appr: Rev: 09/03/16 jb Maricopa County Public Works —Red 4,2 ate Dion EXPIRES 12/3112018 GRAN R DATE //4 //e WENT "A"