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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company North American Title Company Date 9/11/2016 Address 3200 East Carrielback Road, Suite 200 Phone 602-280-7500 City Phoenix, Arizona 85018 Fax 602-280-7560 Escrow Officer Mark Osborn Escrow No. 29400-15-80965 Grantors: JDP Properties, LLC, an Arizona limited liability company Phone: 480-776-4490 Address: SEC of Sossaman and Riggs Road Phone: City Queen Creek, Arizona 85142 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 deposit with Charges and Disbursements to be paid from Grantor's funds as follows the Title Company if escrowed, the purchase price plus all lawful costs (check all that apply): 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. 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 El 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 D Other Disbursements: Sub Total Title Report Credit Land* $120,000.00 Possession date: Drainage Easement $35,545.00 Close of escrow: TCE Date of recording: Improvements* Property Modification Special Conditions Right of Way Contract Exhibit "13' Total Closing Costs Entry Agreement YesLJ No El Total Purchase Price $155,545.00 Addendum attached hereto and made a Yes 111 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. The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated September 11, 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: TT406 Riggs Road (From Power Road to Hawes Road) PCN: TT406 Assessor Parcel No.: 304-90-407A, 408E, 405A Item No D23251 Right of Way Agent: Rob Sachs Telephone # 602-506-4893 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 IVIARICOPA 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 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 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 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. IVIARICOPA 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. GRANTORS: JDP Properties, LLC, an RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: Arizona limited liability company 1VIARICOPA COUNTY DEPARTMENT MAR1COPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS By: 1 / Its: Land Acquisition 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 GS/CS Revised 10/6/2009 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-90-407A, 408E, 406A Project No.: TT406 Riggs Road (From Power Road to Hawes) Item No.: D23251 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 One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00) as payment full for the property described herein. C. To pay the Grantors the sum of ($0.00) as payment in full for the Improvements located 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. TT406 Riggs Road (From Power Road to Hawes Road) will be charged to the Grantor. F. To pay the Grantors the sum of Thirty Five Thousand Five Hundred Forty Five Dollars and 00/100 ($35,545.00) as payment full for the Drainage Easement on the property described herein. 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 One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00) as payment in fall for the property described herein. 3. To accept the sum of ($0.00) as payment in full for the Improvements located 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 "C" above. 5. 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. 6. To pay the Grantors the sum of Thirty Five Thousand Five Hundred Forty Five Dollars and 00/100 ($35,545.00) as payment full for the Drainage Easement on the property described herein. GRANTOR g5 DATE 51/001 GRANTOR DATE EXHIBIT "B" Parcel No. 304-90-407A, 408E, 406A Project No. TT406 RIGGS ROAD (FROM POWER ROAD TO HAWES ROAD) Item No. D2325I EXHIBIT "A" LEGAL DESCRIPTION FOR lehE SIMPLE RIGHT OF WAY A portion of that property described in Document number 2011-810525 records of the Maricopa County Recorder (MCR) lying within the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 32, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona more particularly described as follows: PARCEL ONE The South 30.00 feet of the North 70.00 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter. EXCEPT the West 33.00 feet thereof. PARCEL TWO The East 37.00 feet of the West 70.00 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter. EXCEPT the North 70.00 feet thereof. PARCEL THREE: BEGINNING at the intersection of the South line of the North 70.00 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter and the East line of the West 70.00 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter; THENCE along said South line North 89 031 144" East a distance of 25.00 feet; THENCE leaving said South line South 44°31'44" West a distance of 35.59 feet to a point on said East line; THENCE along said East line, North 00°06'59" West a distance of 25.00 feet to the POINT OF BEGINNING The above three described parcels together contain 33,092 square feet or 0.7579 acres, more or less. EXCEPT: Any portion of the above described parcels lying within that property described in Document number 2008-0313279 (MCR) as conveyed to Maricopa County, described per record as follows GRANTOR DATE Page 1 of 7 EXII-94T "A" D23251 (CONT) COMMENCING at Northwest corner of said Section 32; thence along the West line of said Section, South 00°06'50" East a distance of 40.00 feet; thence North 89°31'44" East, a distance of 33.00 feet to the POINT OF BEGINNING, thence, continuing North 89°31'44" East, a distance of 77.00 feet to the East line of the West 110 feet of said Section 32; thence South 44°42'27" West a distance of 78.03 feet to the point of intersection of the East fine of the West 55 feet and the South line of the North 95 feet of said Section 32; thence, along said South line, South 89°31'44" West a distance of 22M0 feet to a point on the East line of the West 33 feet of said Section 32; thence, along said East line, North 00 °06'50" West a distance of 55.00 feet to the POINT OF BEGINNING containing 2,723 square feet or 0.0625 acre, more or less. The above described parcels together contain 30,369 square feet or 0.6972 acres, more or less‘ Page 2 of2 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 5-22-15 Chk: Appr: Rev: EXPIRES 3-31-2017 Maricopa County Public Works - Real Estate Division GRANTOR DATE 5_ /44 EXHIBIT "A" Parcel No. 304-90-407A, 408E, 406A Project No. TT4O6 RIGGS ROAD (FROM POWER ROAD TO HAWES ROAD) Item No. 1023251-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A portion of that property described in Document number 2011-810525 records of the Maricopa County Recorder (MGR) lying within the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 32, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona more particularly described as follows: The East 40.00 feet of the West 11000 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter. EXCEPT; the North 70.00 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter, AND EXCEPT; BEGINNING at the intersection of the South line of the North 70.00 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter and the East line of the West 70,00 feet of said Northwest quarter of the Northwest quarter of the Northwest quarter; THENCE along said South line North 89°31'44" East a distance of 25.00 feet; THENCE leaving said South line South 44°31'44' West a distance of 35.59 feet to a point on said East line; THENCE along said East line, North 00°06'59" West a distance of 25,00 feet to the POINT OF BEGINNING The above described parcel contains 14,749 square feet or 0.3386 acres, more or less. Page 1 of 1 MARICOFA COUNTY DEPARTMENT OF TRANSPORTATION qb • . Prelim: 5-22-15 Chk: APPr: Aki( -Ni— oh/A, xi Rev: EXPIRES 3-2 1,2017 Maricopa County Public Works - Real Estate Division GRANTOR g3 DATE EXHIBIT "A"