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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Address City Escrow Officer Escrow No. Grantor: Contact: Mailing Address: City, State, Zip Security Title Agency, Inc. 1630 S. Stapley Dr. S-125 Mesa, Arizona 85204 Kerry Hemphill 48181109-048-KE-SW 19415 E. Germann Rd. LLC, an Arizona limited liability company Dennis Roberts, P.E. / Atwell Engineering 4700 E. Southern Ave. Mesa, Arizona 85206 Date January 27, 2020 Phone 480-345-6345 Fax Email Phone: 480-218-8831 Cell: 602-615-4038 Email: Fax: Grantee: Maricopa County, a political subdivision of the State of Arizona Mailing Address: Real Estate Division, 2801 W. Durango Street, Phoenix, Arizona 85009 MAR1COPA 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: Escrow Fees Title Policy Fees Total Escrow & Title Fees Recording Fees: Deed Easement Mortgage Release Release of Lease Total Recording Fees Other Charges: Release Fees S.R.V.W.U.A. Taxes - Prorated Total Other Charges Sub Total Charges and Disbursements to be paid from Grantor's funds as follows (check all that apply): ▪ Total Acquisition of Grantor's Property: Full release of all 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 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. 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 assessments on individual assessor parcels within the Maricopa County's partial acquisition, and any Certificate(s) of Purchase. The current year's taxes shall not be prorated regardless of the closing date. • Easement(s): Consent to easement(s) by secured party (ies). ▪ Other Disbursements: Title Report Credit Land & Improvements* Severance Damages TCE Cost to Cure $10.00 Possession date: Close of escrow: Date of recording: Upon Signature Total Closing Costs*** Total Purchase Price TOTAL WARRANT** *Escrow and title policy fees based on this amount only. **Sum of "Total Purchase Price" only. ***All Closing Costs to be paid by Seller. Special Conditions Right of Way Contract Exhibit "B" Entry Agreement $10.00 Addendum attached hereto and made a $10.00 part hereof Yes [El No El Yes 0 No El YesD No El Project: Zoning Case#P18-0035 — 19415 E. Germann Road PCN: 1 1 0008 Assessor Parcel No.: 304-61-037 and 304-61-032Z Item No DD-10863 Right of Way Agent: Patrick Mertz Telephone # (602)506-4639 RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF OF TRANSPORTATION SUPERVISORS Chairman of the Board A I I EST: GRANTOR: 19415 E. Germann Rd. LLC, an Arizona limited liability c By: VP Its: V MANJP...3 ayp Ikehl Pro erty/Kfanag6 Da Approved as to form within the powers and authority of the Board of Sumvisors Delputy County Attorney Date Clerk of the Board of Supervisors Date Accepted Date ESCROW OFFICER 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 NIARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF SUPI I.RVISORS. 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 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. The property owner will pay the costs of the owner's tide 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 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 NIARICOPA 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. KGR Revised 4/11/2018 2 Page 1 of 2 PREPARED BY: ATWELL, LLC 4700 E. SOUTHERN AVENUE MESA, ARIZONA 85206 PROJECT NO. 17003141 MARCH 20TH, 2019 ()ATWELL ONE COMPANY. INFINITE SOLUTIONS. EXHIBIT "A" GERMANN ROAD 55' RIGHT OF WAY A PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP IN HANDHOLE, ACCEPTED AS THE NORTH QUARTER CORNER OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, FROM WHICH A BRASS CAP IN HANDHOLE, ACCEPTED AS THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, THEREOF BEARS S89°49 121"E A DISTANCE OF 2631.18 FEET; THENCE, ALONG THE NORTH LINE OF SAID SECTION 8, S89°4911"E A DISTANCE OF 986.41 FEET TO THE NORTHEAST CORNER OF THIS SUBJECT PARCEL ALSO BEING THE POINT OF BEGINNING; THENCE, LEAVING THE NORTH LINE OF SAID SECTION 8, S00°48'34"E A DISTANCE OF 55.01 FEET; THENCE, N89°49'11"W A DISTANCE OF 328.80 FEET; THENCE, N00°49 101"W A DISTANCE OF 55.01 FEET; THENCE, S89°49 1 11"E A DISTANCE OF 328.80 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL CONTAINS A COMPUTED AREA OF 18,077 SQUARE FEET OR 0.415 ACRES, MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS, RESTRICTIONS, OR RIGHTS OF WAY OF RECORD OR OTHERWISE. THE DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE ANY SUBDIVISION REGULATION OF THE STATE, COUNTY AND/OR MUNICIPALITY OR ANY OTHER LAND DIVISION RESTRICTIONS. Z JO Z 133 HS- 141-200L 1•1 01 (.71 cri - >0 LO 0 Z •-17 ;Z) 00 I M cr) I m (J) co r- 0:7 0 0 0 71 NJ Co N 89'49'11"W 328.80' COMPLETE DEVELOPMENT CORPORATION A.P.N. 304-61-037 & A.P.N. 304-61-03W N 1/4 COR SECTION 8, T.2S, R.7E FOUND BRASS CAP IN HANDHOLE STAMPED LS 49333 6/15 POINT OF COMMENCEMENT 22282 JAMES G. SPRING 31P1 - , .I57clett e(t cs',1 0 GERMANN ROAD 55' R/W MARICOPA COUNTY, ARIZONA. EXHIBIT "A" -o rn co c.,1 s- 0 -0 z 0 —I -P- GERMANN ROAD 0 N 89'49'11 "W 2630.42' 2j 8 NE COR SECTION 8, T.2S, R.7E FOUND BRASS CAP IN HANDHOLE STAMPED MARICOPA COUNTY-1 Scale: 1 "= 1 00' "BASIS OF BEARING" S8949'21 "E 2631.18' NW COR SECTION 8, T.2S, R.7E FOUND BRASS CAP IN HANDHOLE STAMPED MARICOPA COUNTY DEPT OF TRANSPORTATION "MONUMENT RE—ESTABLISHED PER A MONUMENT RECORD DOC NO. 2009-0134679 WILLIAMS GATEWAY BUSINESS PARK LLC A.P.N. 304-61-009C 1 31 5.21' "Al- 328.80' — 986.41' Exhibit "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-61-037 and 304-61-037Z Zoning Case#P18-0035 Project Name: TT0008 — 19415 E. Germann Road Item No.: DD-10863 (PM) 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 contract. 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 Grantor the sum TEN and no/100 dollars ($10.00) as payment in full for the property described herein. C. 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 County. THE GRANTOR AGREES: 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 TEN and no/100 dollars ($10.00) as payment in full for the property described herein. 3. That acceptance of this property in no way obligates Maricopa County to construct or maintain a roadway within the Right of Way granted by this document. 3