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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date Address 3636 N. Central Avenue, Suite 140 Phone 602-230-6271 City Phoenix, AZ 85012 Fax 602-230-6256 Escrow Officer Jason Bryant Escrow No. 15160249-015-J BA Grantor: Buckeye 65A LLLP and Buckeye 65C LLLP Phone: 480-556-9984 Address: 16220 N. Scottsdale Rd., Suite 280 Phone: 602-390-9616 City Scottsdale, AZ 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 1=I 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 • 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 P Other Disbursements: Sub Total Title Report Credit Land & Improvements* Possession date: Severance Damages ***Close of escrow: Feb. 3,2017 TCE Date of recording: Cost to Cure Drainage Easement $181,869.00 Special Conditions Right of Way Contract YesLi No El Exhibit "B" Total Closing Costs Entry Agreement Yes El No EI Total Purchase Price Addendum attached hereto and made a YesLi 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. ***Closing date is anticipatory. Failure to meet closing date does not constitute breach of contract. 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: TT0345 — MC85 (95"' Ave. to 75 th Ave.) PCN: Assessor Parcel No.: 101-13-004G, 004H Item No D22568-2 Right of Way Agent: Patrick Mertz Telephone # 602-506-4639 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 IVIARICOPA 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 IvIARICOPA 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 ac'ceptance 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 IV1ARICOPA 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: fi RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: /i MAR1COPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Buckeye 65A LLLP r7,611 - Real Property Brd Chairman of the Board Buckeye 65C LLLP 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. 10143-004G (Was 004E), 004H (Was 004F) PROJECT NO. TT-345 MC85 at 83rd AVENUE AND CENTER TURN LANE EXPANSION Item No. D22568-2 LEGAL DESCRIPTION FOR DRAINAGE EASEMENT Six portions of that property described in Document number 2005-1284917 Maricopa County Recorder's Office, being a portion of the Northeast quarter of Section 16, Township 1 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as follows: DE-1 COMMENCING at North quarter corner of said Section 16 from which the Northeast corner of said Section bears North 89°55'32" East a distance of 2,633.97 feet and from which the Center of said Section bears South 01°1 9'12" West, a distance of 2,662.11 feet; thence along the North line of the Northeast quarter of said Section, North 89°55'32" East a distance of 213.06 feet; thence leaving said North line, South 01°19'05" West a distance of 86.03 feet to a point on the South line of the North 86 feet of said Northeast quarter and also to the POINT OF BEGINNING; thence along last said North fine, North 89°55'32" East a distance of 117.23 feet; thence South 00°00'00" West, a distance of 42.07 feet; thence North 89°55'32" East, a distance of 118.20 feet; thence North 01°19'05" East, a distance of 42.06 feet to the POINT OF BEGINNING, containing 4,951 square feet or 0.1137 acres, more or less. DE-2 COMMENCING at North quarter corner of said Section 16 from which the Northeast corner of said Section bears North 89°55'32" East a distance of 2,633.97 feet and from which the Center of said Section bears South 01°19'12" West, a distance of 2,662.11 feet; thence along the North line of the Northeast quarter of said Section, North 89°55'32" East a distance of 740.71 feet; thence leaving said North line, South 00°04'28" East a distance of 86.00 feet to the POINT OF BEGINNING; thence North 89°55'32" East, a distance of 214.87 feet; thence South 00°04'28" East, a distance of 41.04 feet; thence South 89°55'32" West, a distance of 215.00 feet; thence North 00°06'41" East, a distance of 41.04 feet to the POINT OF BEGINNING, containing 8,820 square feet or 0.2025 acres, more or less. DE-3 COMMENCING at Northeast corner of said Section 16 from which the North quarter corner of said Section bears South 89°55'32" West a distance of 2,633.97 feet and from which the East quarter corner of said Section bears South 01°48'07" West, a distance of 2,663.96 feet; thence along the North line of the Northeast quarter of said Section, thence South 89°55'32" West a distance of 1261.93 feet; thence leaving said North line, South 00°04'28" East a distance of 87.31 feet to the POINT OF BEGINNING; thence South 01°14'41" West, a distance of 42.02 feet; thence South 88°27'56" East, a distance of 155.00'feet; thence North 01°14'41" East, a distance of 41.99 feet to the beginning of a non-tangent curve, the center of which bears South 01°50'33" West, a distance of 14,912.67 feet; thence westerly along the arc of said curve through a central angle of 00°35'44" for an arc distance of 155.00 feet; to the POINT OF BEGINNING, containing 6,531 square feet or 0.1499 acres, more or less. D22568-2 (CONTINUED) Page 1 of2 DE-4 COMMENCING at Northeast corner of said Section 16 from which the North quarter corner of said Section bears South 89°55'32" West a distance of 2,633.97 feet and from which the East quarter corner of said Section bears South 01°48'07" West, a distance of 2,663.96 feet; thence along the North line of the Northeast quarter of said Section, South 89°55'32" West a distance of 829.61 feet; thence leaving said North line, South 00 00428" East a distance of 103.56 feet to the POINT OF BEGINNING; thence South 02°55'42" West, a distance of 42.67 feet; thence South 87°16'50" East, a distance of 200.00 feet; thence North 02°55'42" East, a distance of 42.78 feet to the beginning of a non-tangent curve, the center of which bears North 02°08'56" East, a distance of 9,889.05 feet; thence westerly along the arc of said curve through a central angle of 00 054135" for an arc distance of 157.03 feet to the beginning of a non-tangent curve, the center of which bears South 03°0427" West, a distance of 14,912.67 feet; thence westerly along the arc of said curve through a central angle of 00°09'54" for an arc distance of 42.97 feet; to the POINT OF BEGINNING, containing 8,490 square feet or 0.1949 acres, more or less. DE-5 COMMENCING at Northeast corner of said Section 16 from which the North quarter corner of said Section bears South 89 05532" West a distance of 2,633.97 feet and from which the East quarter corner of said Section bears South 01 048'07" West, a distance of 2,663.96 feet; thence along the North line of the Northeast quarter of said Section, South 89°55'32" West a distance of 342.32 feet; thence leaving said North line, South 00°04'28" East a distance of 117.33 feet to the POINT OF BEGINNING; thence South 00°42'50" East, a distance of 44.08 feet; thence North 89 017'10" East, a distance of 176.00 feet; thence North 00°42'50" West, a distance of 45.13 feet to the beginning of a non-tangent curve the center of which bears North 01°34'06" West a distance of 9,898.00 feet; thence westerly along the arc of said curve through a central angle of 01°01'08" for an arc distance of 176.00 feet to the POINT OF BEGINNING, containing 7,804 square feet or 0.1792 acres, more or less. DE-6 COMMENCING at Northeast corner of said Section 16 from which the North quarter corner of said Section bears South 89°55'32" West a distance of 2,633.97 feet and from which the East quarter corner of said Section bears South 01 048 107" West, a distance of 2,663.96 feet; thence along the East line of said Section, South 01°48'07" West a distance of 595.18 feet; thence leaving said East line, North 88°1153" West a distance of 108.74 feet to the POINT OF BEGINNING; thence North 89°3103" West, a distance of 44.25 feet; thence North 00°29'56" East, a distance of 196.01 feet; thence South 89°30'04" East, a distance of 43.45 feet; thence South 01°48'07" West, a distance of 55.17 feet; thence South 00°20'24" East a distance of 140.86 feet to the POINT OF BEGINNING, containing 8,449 square feet or 0.1940 acres, more or less. The combine six parcels contain 45,045 square feet or 1.0341 acres, more or less. IdwLicaAnt: 1:>\ ". o 22260 KENNETH W. GREEN d. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION ..c9.6gosti Prelim: 08-15-15 Chk: Appr: i •-•• Rev: 11/17/15 jb; 01115/16 jb; 10/05/16Th EXPIRES 12/3112017 Maricopa County Department of Transportation _DATE ND. EXHIBIT "A" Page 2 of 2 W N.T.S. SHEET F 1 N88°11'53" I 0 108.74' Cr]. LC) P.M. jb Agent: 2,833.97' -4-4 Tech 342.32' L41 6 L42 L39 L38 UPI . 002B) R/W ,- DE ARC DISTANCE 155.00' 157,03' 42.97' 176.00' MC 65A LLLF (Was L34 L35 DES 022558 Buckeye Buckeye 101-13.112C EXPANSION -.71.,..,_133 004F) CENTRAL ANGLE 00°35'44" 00°54'35" 00°09'54" 01°01'08 ACRES M.C,D.O.T. ' C5 LLLP/ LLLP as...111I 1•1111111. ACRES ACRES ACRES ACRES ACRES ACRES ..._F_829.61 J.30 D22568 65C 65A (Was DATA RADIUS 14,912.67' 9889.05' 14912.67' 9898,00' wl• 1= (DE): 0.1137 0.2025 0.1499 0.1949 0.1792 0.1940 1.0341 LANE L31 C6 DE-4 Buckeye Buckeye 01-13-004H CURVE • 111111111MIN 1•11•1•01.1M EASEMENT OR OR OR OR OR FEET OR 10-05-2016 L29 BEARING ANGLE 501°50'33"W NO2°08561 503°04'27"W 106"W LEGEND: 1••••11. DE LINE LINE FEET FEET FEET FEET FEET TURN 7' \... C4 L28 1 N01°34 PROP. PROP. SEC. ICE DRAINAGE SQUARE SQUARE SQUARE SQUARE SQUARE SQUARE COUNTY DATE 1177 ..1)1,6_8A4,2,12/13,ELLEMS, DE-3 CURVE C-4 C-5 C-6 0-7 D22568-2 4,951 8,820 6,531 8,490 7,804 45,045 CENTER -4- DE-1: DE-2 DE-3 DE-4 DE-5 TOTAL: MARICOPA L26 L27 and LENGTH 196.01' 4345' 55.17' 140.86' 4.20' 22.78' 3.47' D22568-2 N89'55'32"E -1\- L23 156 1TE 1 153"E AVENUE No. 004E) BEARING N00°29 589030'04'E 501°48'07"W 500°20'24"E N00°48113 S88°11 500°48'20"W ITEM 4 DE-2 LLLP/ LLLP (Was 83rd / -I L22 D22568 65C 65A LINE L39 L40 L41 L42 L48 L49 L50 at 740.71' 71' L21-1 L25 Buckeye Buckeye 101-13-004G LENGTH 86.03' 117.23' . 4206' 118.20' 42.07' 88.00' 214.87' 41.04' 215.00' 41.04' 87.31' 42.02' 155.00' 41.99' 103.56' 42.67' 200.00' 4278' 117.33' 44.08' 176.00' 45.13' 44.25' 85 MC No.TT345 1 105'W 141"E '03"W L18 L17 BEARING N89°55'32"E S00°00'00"W 589°55'32"W N01°19105"E 500°04128E N89°55'32"E 800c04'28"E 589°55'32"W 300°04'28"E 501°14'41"W 588°27'56"E N01°14'41"E 800°04'28"E 502°55'42rW 587°16'50'E NO2°55'42nE 500°04'28"E 500°42'501 N89°17'10"E N00°42150"W L19 S0119 N00°06 N89°31 -t1N-- PROJECT \ / LINE L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 -2713.06"-Th DE-1 (ALINGMENT) AVENUE 95th /2017 DE-1 / 31 12 IDEAL \ \ EXPIRES 213.06' i