D. PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS.PDF

Flood Control District of Maricopa County

Purchase Agreement and Escrow Instructions

Title Company Pioneer Title Agency, Inc. Date December 13, 2021
Address 7310 N 16 Street, Suite 250 Phone 602-943-0184

City Phoenix, AZ 85009 Fax

Escrow Officer Jennifer Siverio Email

Escrow No. 72500948-025-JS1

Grantor: Longterm Land L.P. Phone: __| 6022665599

Contact Jeff Springer Phone: 6022044050

Mailing Address: _| PO BOX 15524 Email landinspector@cox.net
City, State Zip Phoenix, AZ 85060 Fax:

Grantee: FLOOD CONTROL DISTRICT OF MARICOPA COUTNY [DISTRICT], a political subdivision of the State of Arizona

Mailing Address: | Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009

The DISTRICT shall pay directly to the Grantor, or deposit with the | Sub- Charges and Disbursements to be paid from Grantor's funds as
Title Company if escrowed, the purchase price plus all lawful costs Object | follows (check all that apply):
incidental to closing as follows: Code :
Escrow Fees TBD KX] 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 $750.00 Pay in full all due and delinquent real property taxes and
Title Report Credit ($750.00) 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
Deed the lien of the current year's taxes in full.
Easement I I
Mortgage Release (1) 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 the DISRICT, 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 the
Release Fees DISTRICT'S partial acquisition, and any Certificate(s)
S.R.V.W.ULA, of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
—_—— I I
L]__Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
(Other Disbursements: _|
Sub Total
Land* $125,000.00 li Possession date:
Close of escrow:
Date of recording:
Right of Way Agreement Exhibit “B” Yes KJ | Nol]
Total Escrow & Title Costs TBD | 14 Right of Entry Agreement Yes] | NoX
Total Purchase Price Addendum attached hereto and made a Yes CL] | Nok
TOTAL WARRANT** TBD part hereof

*Escrow and title policy fees based on this amount only,

4#*Sum of "Total Closing Costs" and "Total Purchase Price" only.

POC = Paid Outside of Closing

Project: Scatter Wash Task 1654 PCN: | 590.01.80
Assessor Parcel No.: 206-16-176 Item No | F00421
Right of Way Agent: Kevin Spicer Telephone # | 602-506-4893

Page 1 of 5

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 the DISTRICT,
title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF DIRECTORS.

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 Maricopa 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 the “DISTRICT.”

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 DISTRICT 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, the DISTRICT 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 the DISTRICT and payment will be made direct from the
Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF DIRECTORS 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 the DISTRICT.

The DISTRICT shall be responsible to the extent that damage occurs out of the DISTRICT's occupation of the Grantor's property caused by the DISTRICT’s negligence, or
by the negligent acts or conduct of its agents, employees, or contractors during the term of the DISTRICT’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.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.

GRANTOR: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
a FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
{ Ov OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF
Z MARICOPA COUNTY
- St enep HH COUNTERPART |
Date Jere
Se
Michael A Fulton Date Chairman of the Board
Director, Flood Control District
N
Date ATTEST:

Alex Smith Date

Director, Real Estate Department

Approved as to form within the

A
(i I H powers and authority of the Board of Clerk of the Board
Accepted i Date [(* ld
)W OFFICER Date

7

Deputy County Attorney Date

Page 2 of 5

DocuSign Envelope ID: 6F8FE335-41 DE-486C-AF44-47FCB537BC17

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 pact hereof, and having delivered same to the above ‘Title Company as Escrow Agent, said agent is directed to deliver said conveyance to the DISTRICT,
title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF DIRECTORS.

The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of ‘Trusts, Ieaschold interests, special assessments, and other encumbrances as may
be authorized for payment, and the balance thercof shall be paid in accordance with the terms hercin,

Insteuctions 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; cecord such escrowed instruments as are necessacy or proper in the issuance of title insurance; and pay the balance of the escrowed funds to the pacty 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 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 the “DISTRICT”

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 DISTRICT 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, the DISTRICT 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 the DISTRICT and payment will be made direct from the
Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF DIRECTORS 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 the DISTRICT.

‘The DISTRICT shall be responsible to the extent that damage occurs out of the DISTRICT's occupation of the Grantor's property caused by the DISTRICT’s negligence, or
by the negligent acts or conduct of its agents, employees, or contractors during the term of the DISTRICT'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 licu 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:
7_\ FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
{ Qe OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF
z DocuSigned by: MARICOPA COUNTY.

{

Dae TTT trickact Pulte 1271672021 STSNED_INEDUNTERPART

== 8171 C47ERBARC.

Michaeh<\ kultga Date Chairman of the Board

Digector, Flood Control District

Kye Smith 12/16/2021

Date Ss Ens 12RON5esD4CC. ATTEST:

Alex Smith Date

Director, Real Estate Department S | gh ED | ht £ OUNTE RP AR T

Approved as to form within the

4
|) Ih al FaNseeaashan iority of the Board of Clerk of the Board
AT
‘Accepted LA [Date (ES Wanner Puk 1271672021
BSPnOw OFFICER \p2cbapsoppszan4 Date
7 Deputy County Attorney Date

Page 2 of 5

EXHIBIT "B"
RIGHT OF WAY AGREEMENT

Parcel No.: 206-16-176

PCN.: 590.01.80

Project Name: Scatter Wash Task 1654
Project Termini: 38 Ave and Beardsley Rd
Item No.: F00421 (KLS)

WHEREAS in consideration hereinafter set forth, it is agreed that this instrament contains the entire agreement between
the Grantor and the DISTRICT. No further consideration is being paid than described in this agreement.

THE DISTRICT AGREES:

A. To use the real property described herein for the general welfare and benefit of the public.

B. To pay the Grantors the sum of One Hundred Twenty-Five Thousand and No/100 Dollars ($125,000.00) as
payment in full for the real 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 Five Thousand and No/100 Dollats ($125,000.00) as payment in
full for the property described herein.

Page 3 of 5

APN: 206-16-176
Project No. 580.01.80
SCATTER WASH CHANNEL
Item No. F00421

LEGAL DESCRIPTION

A parcel of land in the Northeast Quarter of Section 27, Township 4 North, Range 2 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows:

Commencing at the north quarter of said Section 27, from which the northeast corner of said Section
27 bears North 89°33'56" East, 2645.17 feet;

Thence along the north line of said section 27, North 89°33'56" East, 417.56 feet;

Thence departing said north line South 00°18'50" East, 40.00 feet to the Point of Beginning;
Thence South 87°35'13" East, 124.76 feet;

Thence South 29°23'47" West, 176.47 feet to the beginning of a tangent curve to the right;

Thence to a point on the east line of the west 417.56 feet of said northeast quarter 68.36 feet
southwesterly along said tangent curve concave to the northwest having a radius of 605.58 feet and a
central angle of 06°28'04";

Thence along said east line North 00°18'50" West, 216.55 feet to the Point of Beginning.

The above described parcel contains 13,877 square feet or 0.3186 acres, more or less, and is depicted
on attached Exhibit "B".

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 11/24/2021 | chk: | Appr:
Rev:

Maricopa County Real Estate Depaytmént

Exhibit "B"

eS
R2E
LOOP 101
N89°33'56"E 2645.17'
417.56" 8 :
eg ni4 au
Patel 4 + 87°35'13" E
124.76
POB
Sl.
"CERRANO" 218
i BK 578 of Maps, PG25 ee
3 a be F00421
Bs $ 206-16-176
5 Longterm Land LP
So
Yn
E, line W 417.56" a C1 Data
of NE4 $27 —
A= 06°28'04"
= 605.58'
L= 68.36"
T= 34.22'
pETy KENNETH W.
GREEN
R2G !
F00421 Area: 13,877 square feet or 0.3186 acres 4 of 4

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

SCATTER WASH CHANNEL

PROJECT No. 580.01.80

ITEM No, F00421 DATE 11/15/2021 RWK.S. Tech JA. Page 5 of 5