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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date December 19, 2019 Address 4722 N. 24th Street, Ste. 200 Phone 602-230-6297 City Phoenix, Arizona 85016 Fax 602-926-0452 Escrow Officer Jason Bryant Email jbryant@securitytitle.com Escrow No. 15180433-015 Grantor: Wing and a Prayer Investments, LLC., an Arizona limited liability company Phone: 480-557-7771 Contact Richard Jellies Email rjellies@citytocitycre.com Mailing Address: 5401 N. Pima Road, Ste. 125 Fax: City, State Zip Scottsdale, Arizona 85258 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 El 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: shall withhold the prorated amounts from each party and pay Deed the lien of the current year's taxes in full. Easement 1 Mortgage Release El 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. • Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges [g] Other Disbursements: Right of Entry for Construction to be Sub Total paid outside of escrow. Title Report Credit Land* $13,545.00 Possession date: Improvements* Close of escrow: Temporary Construction Easement*** $1,069.00 Date of recording: Right of Entry*** $500.00 Special Conditions Right of Way Contract Yes 1Z1 No 0 Exhibit "B" Total Closing Costs TBD Right of Entry Agreement Yes El No 0 Total Purchase Price $15,114.00 Addendum attached hereto and made a Yes El No I 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. ***To be paid outside of escrow. Project: '1 10513 PCN: '1 10513 Assessor Parcel No.: 300-011-035C Item No D23692 Right of Way Agent: Tangella Diaz Telephone # 602-506-4883 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 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 art 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 /vIARICOPA COUNTY. IsrlARICOPA 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: Wing and a Prayer Investments, LLC., an Arizona limited liability company RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: l Alb MARICOPA COUNTY DEPARTMENT MARTCOPA COUNTY BOARD OF Wrif/XV./1_W-NrIfilIIAr OF TRANSPORTATION SUPERVISORS Richard Jellies Date .40. .../..6'..... i if If A _ AI ..., • z_,, 19 , ../..., Real Property I anager Chairman of the Board Its: AI IEST: Date Security Title Agency, Inc. Approved as to form within the powers and authority of the Board of Supervisors Clerk of the Board of Supervisors Accepted JASON BRYANT, ESCROW OFFICER Date Deputy County Attorney Date Date RES/KGR Revised 2/3/2017 Page 2 of 3 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 30041-035C Project No.: T1'0513 Project Name: 35th Avenue Project Termini: Carver to Elliot Item No.: D23692 (ID) 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 FIVE HUNDRED FOURTY FIVE and No/100 Dollars ($13,545.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of ONE THOUSAND SIXTY NINE and No/100 Dollars ($1,069.00) as payment in full for the Temporary Construction Easement on the property described herein. D. To pay the Grantors the sum of FIVE HUNDRED and No/100 Dollars ($500.00) as payment in full for the Right of Entry for Construction (to be paid outside of closing) E. 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 Grantor except as may be herein otherwise agreed. F. That no costs relating to construction of roadway improvements on Project No. T10513 will be charged to the Grantor. 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 THIRTEEN THOUSAND FIVE HUNDRED FOURTY FIVE and No/100 Dollars ($13,545.00) as payment in full for the property described herein. 3. To accept the sum of ONE THOUSAND SIXTY NINE and No/100 Dollars ($1,069.00)as payment in full for the Temporary Construction Easement on the property described herein. 4. To accept the sum of FIVE HUNDRED and No/100 Dollars ($500.00) as payment in full for Right of Entry for Construction (to be paid outside of closing) 5. That the County, or its agents, is hereby granted the right to enter upon the remaining property of the Grantor for the purpose of accomplishing "E" above. Page 3 of 3 Parcel No. 300-11-035 C Project No. TT0513 35th AVENUE (CARVER ROAD TO ELLIOT ROAD) Item No. D23692 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2012-1186385 lying in the Southeast Quarter of Section Ten, Township One South, Range Two East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the East Quarter comer of said Section 10, being a Maricopa County Aluminum Cap, from which the Southeast of Section 10, Township One South, Range Two East of the Gila and Salt River Meridian, a Maricopa County Aluminum Cap 0.2 feet down, bears South 00°04'59" West, for a distance of 2639.99 feet; thence along the East line of said Section 10 South 00 004159" West, for a distance of 314.16 feet to the northeasterly corner of said property and the Point of Beginning; thence continuing along said East line South 00°04'59" West to the Southeast corner of said property, for a distance of 206.45 feet; thence departing said East line and along the South line of said property South 89 056 145" West a distance of 50.00 feet; thence North 00°04'59" East being parallel with and 50.00 feet westerly of said section line, for a distance of 145.21 feet; thence South 89°55'01" East being perpendicular to said East section line, for a distance of 10.00 feet; thence North 00 004159" East being parallel with and 40.00 feet westerly of said section line, for a distance of 61.26 feet to North line of said property; thence along said North line North 89 056'45" East for a distance of 40.00 feet to the Point of Beginning. The above described fee parcel contains 9,710 square feet or 0.2229 acres more or less. The above described parcel is encumbered by an existing county roadway for the portion within the East 33 feet of Section 10 as shown in Book 3 of Road Maps, Page 23 containing 6,813 square feet. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/20/2019 HP Chk: ApprA 1-1-4,40/1 Rev: Maricopa County Real Estate Department GRANTOR wy DATE EXHIBIT "A" Page 1 of 1 , MID SEC LN N.T.S. 300-15-010B 300-11-035B EXIST RAN BK 3 of Road Maps. PG 23 ;T. D23692 Wing and a Prayer Investments, LLC 300-11-035C NO. BEARING LENGTH L1 S 00°04'59" W 206.45' L2 S 89°56'45" W 50.00' L3 N 00004159" E 145.21' L4 S 89°55'01" E 10.00' L5 N 00°04'59" E 61.26' L6 N 89°56'45" E 40.00' L2 300-15-010A 300-11-001C 300-11-0010 SEC LN N89°53'39"E 2523.26' D23692 Fee Simple Right of Way: 9,710 square feet or 0.2229 acres 93.70' 2545.57' S89°49 139"W N89°52'45"E Area Encumbered by BK 3 of RD Maps, PG 23 0 6,813 square feet MARICOPA COUNTY REAL ESTATE DEPARTMENT 35th Avenue - Carver Road to Elliot Road R/W Agent: M.C. , Tech: HP PROJECT No. TT0513 ITEM No, D23692 DATE 4-30-19 M.C.D.O.T. Parcel No. 300-11-035 C Project No. TT0513 35th AVENUE (CARVER ROAD TO ELLIOT ROAD) Item No. D23692 EXHIBIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2012-1186385 lying in the Southeast Quarter of Section Ten, Township One South, Range Two East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the East Quarter corner of said Section 10, being a Maricopa County Brass Cap, from which the Southeast corner of said Section 10, a Maricopa County Aluminum Cap 0.2 feet down, bears South 00°04'59" West, for a distance of 2639.99 feet; thence along the East line of said Section 10 South 00°04'59" West, for a distance of 314.16 feet to the Northeasterly corner of said property; thence departing said section line along the Northerly line of said property South 89 056 145" West, for a distance of 40.00 feet to the Point of Beginning; thence departing said northerly property line South 00°04'59" West being parallel with and 40.00 feet westerly of said East section line, for a distance of 61.26 feet; thence North 89°55'01" West being perpendicular to said East section line, for a distance of 10.00 feet; thence South 00 004 159" West being parallel with and 50.00 feet westerly of said East section line, for a distance of 145.21 feet to the South line of said property; thence along said South property line South 89°5645" West, for a distance of 20.00 feet; thence departing said South property line North 00 004 159" East, for a distance of 102.50 feet to an angle point; thence North 10°41'46" West, for a distance of 108.68 feet to said Northerly property line; thence along said Northerly property line South 61 047 141" East, for a distance of 6.04 feet to an angle point; thence North 89 05645" East, for a distance of 45.00 feet to the Point of Beginning. The above described parcel contains 5,776 square feet or 0.1326 Acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/20/2019 HP Chic: Appr: ii_ori-20v( Rev: 11/07/2019 OL Maricopa County Real Estate Departme_nt GRANTOR lin DATE . -- EXHIBIT "A" Page 1 of 1 MID SEC LN N.T.S. NO. BEARING LENGTH L1 S 89°56'45" W 40.00' L2 S 00°04'59" W 61.26' L3 N 89°55'01" W 10.00' L4 S 00°04'59" W 145.21' L5 S 89°56'45" W 20.00' L6 N 00004'59" E 102.50' L7 N 1004146" W 108.68' L8 S 61°47'41" E 6.04' L9 N 89°56'45" E 45.00' 300-15-010A "czt X") I D23692 Wing and a Prayer 7 Investments, LLC 300-11-035C \ NEW R/VV Li L5 300-11-001D POB 300-11-0010 L8 SEC LN N89°53 139"E 2523.26' D23692 Fee Simple Right of Way: 5,776 square feet or 0.1326 acres 93.70' 2545.57r S89°49 139"W N89°52 145"E 300-11-035B 33'133' 300-15-010B MARICOPA COUNTY REAL ESTATE DEPARTMENT 35th Avenue - Carver Road to Elliot Road R/W Agent: M.C. Tech: HP PROJECT No, 110513 ITEM No. D23692 DATE 11-7-19 M.C.D.O.T, Parcel No. 300-11-035 C Project No. TT0513 35th AVENUE (CARVER ROAD TO ELLIOT ROAD) Item No. 1)23692-1 EXHIBIT "A" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a portion of that property as described in Document 2012-1186385 lying in the Southeast Quarter of Section Ten, Township One South, Range Two East of the Gila and Salt River Base and Meridian, and being more particularly described as follows: Commencing at the East Quarter corner of said Section 10, being a Maricopa County Brass Cap, from which the Southeast corner of said Section 10, a Maricopa County Aluminum Cap 0.2 feet down, bears South 00°04'59" West, for a distance of 2639.99 feet; thence along the East line of said Section 10 South 00°04'59" West, for a distance of 314.16 feet to the Northeasterly corner of said property; thence departing said section line along the Northerly line of said property South 00°04'59" West, for a distance of 85.00 feet to an angle point; thence North 61°47'41" West, for a distance of 6.04 feet to the Point of Beginning; thence departing said northeasterly property line South 10°41'46" East to an angle point, for a distance of 108.68 feet; thence South 00°04'59" West being parallel with and 70.00 feet westerly of said East section line, for a distance of 102.50 feet to South property line; thence along said South property line South 89°5645" West being perpendicular to said East section line, for a distance of 40.00 feet; thence departing said South property line North 00°04'59" East being parallel with and 110.00 feet westerly of said East section line, for a distance of 219.87 feet to a point on the North of property line; thence along said Northerly property line South 61°47'41" East, for a distance of 22.31feet to the Point of Beginning. The above described parcel contains 7,390.61 square feet or 0.1697 Acres more or less. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/20/2019 HP Chk: Appr: bief 5,6 Zo/y Rev: Maricopa County Real Estate Department_, -" 0 GRANTOR DATE / EXflIBIT "A" Page 1 of I MID SEC LN N.T.S. co Ct: / D23692 - Wing and a Prayer Investments, LLC 300-11-035C L5 L2 L1 300-11-001D POB 300-11-035B 33'133' 300-15-010B NO. BEARING LENGTH L1 S 00°04'59" W 85.00' L2 N 61°47'41" W 6.04' L3 S 10°41'46" E 108.68' L4 S 00004159" W 102.50' L5 S 89°56'45" W 40,00' L6 N 00°04'59" E 219.87' L7 S 61°47'41" E 22.31' 300-15-010A 300-11-0010 SEC LN N89°53'39"E 2523.26' D23692-1 Temporary Construction Easement: 7,390.61 square feet or 0.1697 acres 2545.57' S89°49'39"W N89°52'45"E MARICOPA COUNTY REAL ESTATE DEPARTMENT 35th Avenue - Carver Road to Elliot Road R/W Agent: M.C. Tech: HP PROJECT No. 110513 ITEM No, D23692-1 DATE 4-30-19 M.C.D.O,T.