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The GRANTOR and GRANTEE, having executed a conveyance of certain real property rights as described and depicted in the Exhibits ''A-1 ", "B-1, B-2", "C-1", "C-2", "D-1", and "D-2", 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 MARlCOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARlCOPA COUNTY BOARD OF SUPERVISORS. 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. 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 MARlCOPA COUNTY Real Estate Department 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 MARlCOPA 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. MARlCOPA 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, MARlCOPA 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 any element of this transaction is not handled through a title company, the conveyance will be delivered directly to MARlCOPA COUNTY and payment will be made direct from the GRANTEE to the GRANTOR after approval and acceptance by the MARlCOPA 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 also includes 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 MARlCOPA COUNTY. MARlCOPA COUNTY agrees to pay and the GRANTOR accepts the payment in full for the property described herein: • Improvements located on the property in the amount of Four Thousand Four Hundred Eighty-Eight and No/100 Dollars ($4,488.00) and broken out as follows in Exhibit "A-1". • Slope Easement in the amount of One Thousand Two Hundred Ninety-Six and No/100 Dollars ($1,296.00) described and depicted in Exhibit "B-1" and "B-2". • Drainage Easement in the amount of Eight Thousand Three Hundred Four and No/100 Dollars ($8,304.00) described and depicted in Exhibit "C-1" and "C-2". • Temporary Construction Easement in the amount of Five Hundred and No/100 Dollars ($500.00) described and depicted in Exhibit "D-1" and "D-2". If in the opinion of the Transportation Director it becomes necessary, MARlCOPA COUNTY, or its agents, is hereby granted to enter upon the remaining property for the purpose of private structure relocation in kind to the GRANTOR's property, clear of the property described herein, and at no expense to the GRANTOR except as may be herein otherwise agreed. With respect to the development/redevelopment of the property prior to construction of project TT0609, GRANTOR will be responsible only for the costs of improvements required by the County or a municipality as part of a regulatory approval related to development/redevelopment of the property. MARlCOPA COUNTY shall be responsible to the extent that damage occurs out ofMARlCOPA COUNTY's occupation of the GRANTOR's property caused by MARlCOPA COUNTY's negligence, or by the negligent acts or conduct of its agents, employees, or contractors during the term of MARlCOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance with the requirements of ARS 12-821. This Agreement is subject to cancelation pursuant to A.RS. § 38-511. 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. Page2 oflO EXHIBIT "C-1" Parcel No. 219-12-146 Project No. TT0609 TONTO HILLS L VR Item No. D24305-DE Legal Description For Drainage Easement That portion of the Southwest quarter of Section 10, Township 6 North, Range 5 East of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Northwest corner of Lot 146 of Tonto Hills, Book 93, page 5 M.C.R. thence South 64 degrees 46 minutes 37 seconds East, 203.85 feet along the North line of said Lot 146 to the POINT OF BEGINNING; thence South 64 degrees 46 minutes 37 seconds East, 18.00 feet along said North line to the beginning of a curve, concave Southwest, having a radius of 19.94 feet; thence Southeasterly 31.3 8 feet along the arc of said curve to the right through a central angle of 90 degrees 09 minutes 54 seconds to a point that lies on the East line of said Lot 146; thence South 25 degrees 23 minutes 17 seconds West, 94.64 feet along said East line; thence North 64 degrees 36 minutes 43 seconds West, 38.00 feet; thence North 25 degrees 23 minutes 17 seconds East, 114.53 feet to the POINT OF BEGINNING. The above described parcel contains 4268 square feet or 0.0980 acres, more or less, and is depicted on the attached Exhibit "C-2". MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Agent: J. Crume Project No. TT0609 Chk: J. Crume Tech: B. Crume Prepared by: Cooper Aerial Surveys Company Page 7 oflO Professional Land Surveyor AZ No. 19817 Jim Digitally signed by Jim Crume D t 20210907 Crume , ;=2 :03 -o·,·oo· Electronic Seal https://btr.az.gov/