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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date October 29th, 2019 Address 4722.N. 24% St., Suite 200 Phone 602-230-6246 City Phoenix, AZ 85016 Fax Escrow Officer Victoria Smith Email vsmith@securitytitle.com Escrow No. 15190082-015 Grantor: Cadora Desert Hills, LLC Phone: 480-467-2450 Contact Marcus Bohn Phone: Mailing Address: | 2353 W. University Dr. Email marcusb@cwie.net City, State Zip | Tempe, AZ 85281 Fax: 480-467-2451 Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: [ Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009 MARICOPA COUNTY shall pay directly to the Grantor, or deposit with the Title Company if escrowed, the purchase price plus all lawful costs incidental to closing as follows: Charges and Disbursements to be paid from Grantor's funds as follows (check all that apply): Escrow Fees TBD I T []_ Total Acquisition of Grantor's Property: Full release of all Title Policy Fees TBD 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: TBD shall withhold the prorated amounts from each party and pay Deed the lien of the current year's taxes in full. Easement [ Mortgage Release XX] 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 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. L]_Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges [] Other Disbursements: | Sub Total Title Report Credit Land* $13.630.00 Possession date: Improvements* Close of escrow: Easements* Date of recording: Administrative Settlement* $6,580.00 Special Conditions Right of Way Contract Yes KJ | No[] Exhibit "B" Total Closing Costs TBD Entry Agreement Yes L] | No Total Purchase Price $20,210.00 Addendum attached hereto and made a Yes [] | No TOTAL WARRANT** TBD part hereof *Escrow and title policy fees based on this amount only. **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: 7h Ave. & Desert Hills Dr. PCN: | TT0011 Assessor Parcel No.: 211-86-001Y, 001W Item No | D23820 Right of Way Agent: Dennis Smith Telephone # | 602-506-1034 Page 1 of 3 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 MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA 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 esccowed 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 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 any element of 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 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 MARICOPA COUNTY. 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 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: Cadora Desert Hills, LLC RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: = |) a 2 a) MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF PNY YEE? LO Gre OF TRANSPORTATION SUPERVISORS By: Date | to 27 20290 MbmAGrz Real Property Manager Chairman of the Board Its: 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 RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 211-86-001Y, 001W Project No.: TTO011 : Project Name: 7 Ave. & Desert Hills Dr. Project Termini: 7 Ave & Desert Hills Dr. Item No.: D23820 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 herein for the general welfare and benefit of the public. B. To pay the Grantors the sum of Thirteen Thousand Six Hundred Thitty and No/100 Dollars ($13,630.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Six Thousand Five Hundred Eighty and No/100 Dollats ($6,580.00) as payment in full for the negotiated Administrative Settlement. D. That, if in the opinion of the Transportation Director it becomes necessary, private structutes will be relocated in kind to the Grantot’s property, cleat 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. TT0011 will be charged to the Grantor. THE GRANTORS AGREE: 1. To grant a Warranty Deed for the real property desctibed in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. 2. To accept the sum of Thirteen Thousand Six Hundred Thirty and No/100 Dollats ($13,630.00) as payment in full for the property described herein. 3. ‘To accept the sum of Six Thousand Five Hundred Eighty and No/100 Dollars ($6,580.00) as payment in full for the negotiated Administrative Settlement. 4. That the County, or its agents, is hereby granted the right to entet upon the remaining property of the Grantor for the putpose of accomplishing “D” above. Page 3 of 3 Parcel No. 211-86-001 ¥, 0OLW Project No. TLOIL DESERT BILLS DR AND TTB AVE Ttem No. D23820 EXHIBIT “A” LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2005-1925598 & 2006- 0802689 lying in the Southeast Quarter of Section Nineteen, Township Six North, Range Three East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the Southeast corner of said Section 19, being a Maricopa County Aluminum Cap, from which the East quarter corner of said Section 19, a Maricopa County Aluminum Cap, bears North 00°14'57" East, for a distance of 2641.56 feet; thence along the South line of said Section 19 North 89°51'48" West, for a distance of 40.00 feet to the Point of Beginning; thence continuing along said South line North 89°51'48" West, for a distance of 534.56 feet; thence departing said South line North 86°55'30" East, for a distance of 535.46 feet to a line parallel with and 40.00 feet westerly of the East line of said Section 19; thence along said parallel line South 00°14'57" West, for a distance of 30.00 feet to the Point of Beginning. The above described parcel contains 8,018 square feet or 0.1841 acres, more or less, MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 07/19/2019 HP__| Chk: | Appr: Lf pgeiie 20rd Rev: Maricopa County Real Estate Department GRANTOR\LC. DATE jo_27_ 2020 EXHIBIT “A” Page 1 of 1 R3% " NT.S SS 40140" . (3s 023820 S B/e Cadora Desert Hills LLC & ¥ D23820 21 1-86-001Y a, (ba Cadora Desert Hills LLC 1 fel 211-86-001W \ < / 13. | \y ae =o “lia |) SEC_LN N89°61'48"W 2641.63" Le POR TF EXISTRW—" Desert Hills Drive ij I & aS & Ww NO, BEARING LENGTH 1 7 r Lt N 89°51'48" W 40,00' a S L2 N 89°51'48" W 534,56" L3 N 86°55'30" E 538.46" ABW SS L4 S 00°14'57" W 30,00" 4 _ R D23820 Fee Simple Right of Way: 8,018 square feet or 0.1841 acres & MARICOPA COUNTY REAL ESTATE DEPARTMENT 7th Ave and Desert Hill Dr ITEM No, D23820 DATE 7-19-19 PROJECT No. TTOLL M.C.D.O.T. R/W Agent: M.C, Tech: HP