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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date 8/6/15 Address 3636 North Central Avenue, 3rd Floor Phone 602-230-6271 City Phoenix, AZ 85012 Fax 602-230-6256 Escrow Officer Jason Bryant Escrow No. 15140115-015-JBA Bruno Partners & Investments Queen Creek, LLC, an Arizona limited liability Grantor: company Phone: Address: 1420 Deer Flat Road Phone: City Monterey, CA 93940 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: I 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. I El 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. [S] Easement(s): Consent to easement(s) by secured party (ies). Total Other Charges 0 Other Disbursements: Sub Total Title Report Credit Land $139,700.00 Possession date: Improvements Close of escrow: Severance Damages Date of recording: TCE Property Modification $180,000.00 Special Conditions Right of Way Contract Yes • No Drainage Easement $104,000.00 Exhibit "B" Entry Agreement Yes 0 No Total Closing Costs Addendum attached hereto and made a Yes 0 No Total Purchase Price $423,700.00 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 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: Riggs Road (Recker Road to Power Road) PCN: TT429 Assessor Parcel No.: 304-90-375F Item No D22936 Right of Way Agent: Robert W. Sachs, SR/WA Telephone # 602-506-4744 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 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. 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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF Michael Bruno OF TRANSPORTATION SUPERVISORS AD A frialarAIWIAZFArialM . Right of Way Acquisition Manager Chairman of the Board Frank Bruno ° a,." otbis" ATTEST: Date Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors Supervisors ID . v 9 2 C .2C/5 ESCROW OFFICER Deputy County Attorney Date Date GS/CS Revised 10/6/2009 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-90-375F Project No.: TT429 Riggs Road (Recker Road to Power Road) Item No.: D22936 (RES) 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 Thirty Nine Thousand Seven Hundred and No/100 DOLLARS ($139,700.00) as payment full for the property described herein. C. To pay the Grantors the sum of One Hundred Eighty Thousand and 00/100 Dollars ($180,000.00) as payment in full for the Property Modification on the property described herein and broken down as follows: Three (3) piped bridege driveways across retention area 4180,000.00 D. To pay the Grantors the sum of One Hundred Four Thousand and 00/100 Dollars ($104,000.00) as payment in full for the Drainage Easement on the property described herein. 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. TT429 Riggs Road (Recker Road to Power Road) will be charged to the Grantor. THE GRANTORS AGREE: 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 Thirty Nine Thousand Seven Hundred and No/100 DOLLARS ($139,700.00) as payment in full for the property described herein. 3. To accept the sum of One Hundred Eighty Thousand and 00/100 Dollars ($180,000.00) as payment in full for the Property Modification on the property described herein. 4. To accept the sum of One Hundred Four Thousand and 00/100 Dollars ($104,000.00) as payment in full for the Drainage Easement on the property described herein. 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 "C" and "D" 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 in/kAe.-DATE -24 GRANTOR DATE EXHIBIT "B" Parcel No. 304-90-375F Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No, D22936 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A portion of that property described in Document Number 2008-0204125 Maricopa County Records (MCR) being part of the Lot 4 of Section 30, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described below. COMMENCING at the Southwest corner of said Section 30; THENCE along the South line of said Section 30, South 89°34'00" East a distance of 57.71 feet; THENCE leaving said South line North 00°26'00" East a distance of 40.00 feet to the Southwest corner of said property described in Document 2008-0204125 said point also being the POINT OF BEGINNING THENCE along the West line of said property North 00°01'09" East, a distance of 682.22 feet to a point on the North line of said property; THENCE along said North line South 89 034100" East, a distance of 12.00 feet; THENCE leaving said North line South 00001 109" West, a distance of 612.22 feet; THENCE South 44°46'25" East, a distance of 28.38 feet; THENCE South 89'34'00" East, a distance of 282.67 feet; THENCE South 78°19'00" East, a distance of 76.92 feet; THENCE South 89°34'00" East, a distance of 376.81 feet to a point on the East line of said property; THENCE along said East line South 00°01'45" East, a distance of 35.00 feet to the Southeast corner of said property; THENCE along the South line of said property North 89 034'00" West, a distance of 766.83 feet to the POINT OF BEGINNING The above described parcel contains 39,910 square feet or 0.9162 acres, more or less. • Page 1 of 1 61978 MICHAEL E. KING MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 10-8-2014 Chk: Appr: Rev: Maricopa County Public Works — Real Estate Division EXPIRES 3-31-2017 GRANTOR DATE EXHIBIT "A" Parcel No. 304-90-375F Project No. TT429 RIGGS ROAD RECKER ROAD TO POWER ROAD Item No. D22936-2 EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT A portion of that property described in Document Number 2008-0204125 Maricopa County Records (MCR) being part of the Lot 4 of Section 30, Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona. Said portion is more particularly described below. COMMENCING at the Southwest corner of said Section 30; THENCE along the South line of said Section 30, South 89°34'00" East a distance of 57.71 feet; THENCE leaving said South line North 00°26'00" East a distance of 40.00 feet to the Southwest corner of said property described in Document 2008-0204125; THENCE along the West line of said property North 00°01'09" East, a distance of 682.22 feet to a point on the North line of said property; THENCE along said North line South 89°3400" East, a distance of 12.00 feet to the POINT OF BEGINNING; THENCE South 89°34'00" East, a distance of 45.00 feet; THENCE South 01°20'23" East, a distance of 632.50 feet; THENCE North 89°34'00" West, a distance of 40.01 feet; THENCE North 44°46'25" West, a distance of 28.38 feet; THENCE North 00 001'09" East, a distance of 612.22 feet to the POINT OF BEGINNING The above described parcel contains 32,992 square feet or 0.7574 acres, more or less. Page 1 of 1 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelins:10-8-2014 CU: Appr: Rev: Maricopa County Public Works Real Estate Division EXPIRES 3-31-2017 GRANTOR it•t‘, DATE EXHIBIT "A"