Purchase Agmt and Escrow

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408 Settlement
City of Glendale Engineering Department
Purchase Agreement and Escrow Instructions

Title Company Security Title Date 6-19-24

Address 2415 E. Camelback Road, #200 Phone _| 602-230-6271

City Phoenix, AZ 85016 Fax 602-926-0452

Escrow Officer Jason Bryant Email jbryant@securitytitle.com
Escrow No. ST15230087

Grantor: B & Gary LLC Phone: | 619-218-3663

Contact David Cutler Phone:

Mailing

Address: 3111 Camino Del Rio N Suite 400 Email Davidcutler53 @gmail.com
City, State Zip San Diego, CA 92108 Fax: NA

Grantee:-City of Glendale, an Arizona municipal corporation

Mailing Address: | Engineering Department, 5850 W. Glendale Avenue, Glendale, Arizona 85301

CITY OF GLENDALE shall pay directly to the Grantor, or deposit Charges and Disbursements to be paid from Grantor's funds as
with the Title Company if escrowed, the purchase price plus all lawful follows (check all that apply):
costs incidental to closing as follows:
|
Escrow Fees TBD ()_ Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees TBD monetary liens and encumbrances, and leases of any kind.
Title Report Pay in full all due and delinquent real property taxes and
Title Report Credit general and special improvement assessments. Prorate the
Total Escrow & Title Fees TBD 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
Release & Reconveyance TBD the lien of the current year's taxes in full.
Release of Lease TBD [
(Partial Acquisition of Grantor's Property: Partial release of all
monetary liens and encumbrances, and leases of any kind.
At the discretion of City of Glendale, pay due and delinquent
Total Recording Fees TBD property taxes and general and special improvement
assessments, including full payment of taxes and
Other Charges: assessments on individual assessor parcels within
Release Fees City of Glendale’s partial acquisition, and any Certificate(s)
Consent Fees 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 TBD
(Other Disbursements: |
Sub Total TBD
Land*
Easements* $38,530.00 Possession date:
Administrative Settlement* $11,470.00 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes] | No
Total Purchase Price $50,000.00 Exhibit "B"
Total Escrow & Title Costs TBD Entry Agreement Yes] | No
Total Compensation (minus any
funds paid outside of escrow) $50,000 Addendum attached hereto and made a YesT] | No
TOTAL WARRANT** TBD part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Compensation" only.
*** P.O.C Paid outside of closing
Project: SRP Well 15 Replacement CIP # | 212260
Parcel Address 6604 W. Olive Avenue, Glendale, Arizona 85302 APN # | 143-12-160L
Right of Way Agent: Jayme Chapin Telephone # | 623-930-3654

The GRANTOR, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibit(s) 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 CITY
OF GLENDALE, possessory interest on said property to be granted upon approval by the CITY OF GLENDALE CITY COUNCIL and executed by
the authorized City official.

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 CITY OF GLENDALE Engineering 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
CITY OF GLENDALE.”

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.

City of Glendale 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, City of Glendale 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 CITY OF GLENDALE and
payment will be made direct from the Grantee to the Grantor after approval and acceptance by the CITY OF GLENDALE CITY COUNCIL 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 provides full and complete compensation, satisfies, and
releases any claims brought or that could be brought against GRANTEE City of Glendale 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 CITY OF GLENDALE.

The CITY OF GLENDALE agrees to pay, and the GRANTOR accepts the payment in full for the property described herein:
e Conveyance of Easement in the amount of Thirty Eight Thousand Five Hundred Thirty and No/100 Dollars ($38,530.00) described
and depicted in Exhibit A
e Administrative Settlement amount of Eleven Thousand Four Hundred Seventy and No/100 Dollars ($11,470.00)

CITY OF GLENDALE shall be responsible for damage occurs as a result of CITY OF GLENDALE's temporary use or occupation of the Grantor's
property due to the City’s gross negligence, or the negligent acts or conduct of its agents, employees, or contractors. All claims shall be submitted in
accordance with the requirements of ARS 12-821.

This Agreement is subject to cancelation pursuant to A-R.S. § 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.

GRANTORS: B & Gary, LLC, an Arizona limited liability company

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GRANTEE:

CITY OF GLENDALE
an Arizona municipal corporation

By:
Name: Kevin R. Phelps
Title: City Manager

ATTEST:

Julie K. Bower, City Clerk (Seal)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

GEPS

GROUP

EXHIBIT “A”
B & GARY, LLC
PARCEL 143-12-160L
5' Easement for Utilities and Ingress & Egress

Job No. 23-0198 May 8, 2023
An Easement within a parcel of land as described per Document 2007-0553289 Maricopa County Recorders
(MCR), located in the Southwest Quarter of Section 30, Township 3 North, Range 2 East of the Gila and Salt River
Meridian, Maricopa County, Arizona, and being more particularly described as follows:

COMMENCING at the Southwest corner of said Section 30, being a brass cap in hand hole, from which the South
quarter comer of said Section 30, being a brass cap in hand hole, bears North 88 degrees 12 minutes 10 seconds

East, 2435.82 feet (Basis of Bearing);

thence along the South line of the Southwest Quarter of said Section 30, North 88 degrees 12 minutes 10
seconds East, 427.94 feet;

thence departing said South line, North 01 degrees 47 minutes 50 seconds West, 55.00 feet to a point on the
South line of said parcel described per document 2007-0553289 MCR and the POINT OF BEGINNING;

thence North 00 degrees 00 minutes 00 seconds East, 220.13 feet to the North line of said parcel;
thence along said North line, North 88 degrees 12 minutes 10 seconds East, 5.00 feet;
thence South 00 degrees 00 minutes 00 seconds East, 220.13 feet to the South line of said parcel;

thence along said South line, South 88 degrees 12 minutes 10 seconds West, 5.00 feet to the POINT OF
BEGINNING.

An area containing 1,101 square feet or 0.0253 acres, more or less.

EPS Group, Inc. e 1130 N Alma School Road, Suite 120 Mesa, AZ 85201
Tel (480) 503-2250 ¢ Fax (480) 503-2258

S:\Projects\2023\23-0198\Land Survey\Legals\23-0198 B & Gary LLC 5ft Easement\23-0198 B & Gary - 5ft Easement - Legal
Description.docx

—0198\Land Survey\Legals\23-0198 B & Gary LLC Sft Easement\23-0198 8 & Gary — 5ft Easement — Layout.dwg

Moy 09, 2023 10:44am S:\Projects\2023\23:

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SOUTHWEST CORNER

SECTION 30, TSN, R2E

FOUND BRASS CAP IN HAND HOLE

SOUTH QUARTER CORNER

SECTION 30, T3N, R2E

2,007.88’

LINE TABLE

LINE | BEARING | LENGTH

FOUND BRASS CAP IN HAND HOLE

427.94 a
+ ~~ Nggt7't0"E 2,435.82 (BASIS OF BEARING)
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EPS

GROUP

EXHIBIT “A”
B & GARY, LLC
PARCEL 143-12-160L
25' Easement-
for Utilities and Ingress & Egress within Existing SRP Easement

Job No. 23-0198 May 24, 2023
An Easement within a parcel of land as described per Document 2007-0553289 Maricopa County Recorders
(MCR), located in the Southwest Quarter of Section 30, Township 3 North, Range 2 East of the Gila and Salt River
Meridian, Maricopa County, Arizona, and being more particularly described as follows:

COMMENCING at the Southwest corner of said Section 30, being a brass cap in hand hole, from which the South
quarter corner of said Section 30, being a brass cap in hand hole, bears North 88 degrees 12 minutes 10 seconds

East, 2435.82 feet (Basis of Bearing);

thence along the South line of the Southwest Quarter of said Section 30, North 88 degrees 12 minutes 10
seconds East, 402.92 feet;

thence departing said South line, North 01 degrees 47 minutes 50 seconds West, 55.00 feet to the South line of
said parcel described per document 2007-0553289 MCR and the POINT OF BEGINNING;

thence North 00 degrees 00 minutes 00 seconds East, 220.13 feet to the North line of said parcel;

thence along the North line of said parcel, North 88 degrees 12 minutes 10 seconds East, 25.01 feet;

thence South 00 degrees 00 minutes 00 seconds East, 220.13 feet to the South line of said parcel;

thence along said South line, South 88 degrees 12 minutes 10 seconds West, 25.01 feet to the POINT OF

BEGINNING.

An area containing 5,503 square feet or 0.1263 acres, more or less.

EPS Group, Inc. € 1130 N Alma School Road, Suite 120 Mesa, AZ 85201
Tel (480) 503-2250 Fax (480) 503-2258

§:\Projects\2023\23-0198\Land Survey\l.egals\23-0198 B & Gary LLC 25ft Easement\23-0198 B&Gary - 25ft Easement - Legal
Description.docx

—0198\Land Survey\Legals\23-0198 B & Gary LLC 25ft Easement\23-0198 B&Gory ~ 25ft Eosement — Layout.dwg

May 24, 2023 11:57am S:\Projects\2023\23

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SOUTHWEST CORNER
SECTION 30, T3N, R2E

FOUND BRASS CAP IN HAND HOLE

EXISTING
| |__ 25’ SRP ACCESS & UTILITY
EASEMENT, DOCUMENT
2020-0004374, M.C.R.
he. ie)
§ §
APN: 143-12-160L

5 = B & GARY, LLC

S DOC 2007-05328, MCR.

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POINT OF
BEGINNING
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a =) SOUTH QUARTER CORNER
= | S80 SECTION 30, T3N, R2E
x pane FOUND BRASS CAP IN HAND HOLE
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~~ Nggta’10"e 2,435.82 (BASIS OF BEARING)
POINT OF COMMENCEMENT OLIVE AVE/DUNLAP AVE

NTS.

LINE TABLE
LINE | BEARING | LENGTH
ran L1 | N@812'10"E | 25.01"
fae L2 | $g812"10"w | 25.01’

23-0198

25' Easement for Utilities and Ingress & Egress
within Existing SRP Easement

Exhibit "A"

1130 .N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
7.480.503.2250 | F:480,503.2258
Wwww.epsgroupinc.com

.