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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Republic Title of Texas, Inc Date September 9, 2016 Address 2626 Howell Street, 1e Floor Phone 214-855-8888 City Dallas, TX 75204 Fax Escrow Officer Lorri Henson Escrow No. 1002-190579-RTT Grantor: Brandt Crossing, LLC Phone: 701-499-3904 Address: 4265 451h Street South, Ste 200 Phone: City Fargo, ND 58104 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 EP 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 Er 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 LII 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 LI Exhibit "B" Total Closing Costs Entry Agreement Yes 111 No IX] Total Purchase Price $10.00 Addendum attached hereto and made a YesEl No [E] 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 properly rights to the Grantee in a certain conveyance dated described in Exhibit "A", shown on Exhibit "B" 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: 7t1' Street (South of Carefree Highway) PCN: TL008 —Z2013046 Assessor Parcel No.: 211-24-032B (Portion) Item No DD-10828 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 MAR1COPA 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. MAR1COPA 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 andIor 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 MAR1COPA 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 MAR1COPA 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. Ft 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: Brandt Crossing, LLC, a RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: North DakotalLutexL tty company By: ARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS rt5 /7 fr-v 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 1016/2009 EXHIBIT A Legal Description For North 7th Street Road Dedication Brandt Crossings, LLC Maricopa County Parcel No. 211-24-032B (Rev 10/04/2016) A parcel for road dedication over a portion of that "Parcel 1" described in that Special Warranty Deed recorded March 14, 2012 in Recording No. 2012-0212465, Maricopa County Records, being a portion of the Northeast Quarter of Section 8, Township 5 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, being more particularly described as follows: Commencing at the Maricopa County Department of Transportation Brass Cap Monument found marking the Northeast corner of said Section 8, from which the Maricopa County Department of Transportation Brass Cap found marking the North Quarter corner of said Section 8 bears, as a Basis of Bearing, North 89°57'56" West 2628.28 feet, and running thence along the East line of the Northeast Quarter of said Section 8, South 00°22'32" East 355.01 feet to the Southeast corner of the North 355.00 of the North half of the Northeast Quarter of said Section 8, and the POINT OF BEGINNING; thence along the East line of the Northeast Quarter of said Section 8, South 00°22'32" East 313.93 feet; thence North 07°09'37" West 271.92 feet; thence South 89°37'28" West 7.88 feet; thence North 00 02232" West 44.19 feet to the South line of of the North 355.00 of the North half of the Northeast Quarter of said Section 8; thence along said line, North 89°57'56" East 40.00 feet to the POINT OF BEGINNING. Containing 6,098 Square Feet or 0.140 acre, more or less. DESCRIPTION PREPARED BY: JAMES V. WEBDE, RLS ARIZONA REG. NO, 48383 10 WEST LAND SURVEYING & MAPPING, INC. 410 S FOREST GLEN BLVD POST FALLS, ID 83854 Exhibit "B" RIGHT OF WAY AGREEMENT Parcel No.: 211-24-032B (Portion) Project No.: TL008— 7th Street and Carefree Hwy Item No.: DD-10828 — Z2013046 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.