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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency, Inc. Date November 13, 2019 Address 4722 N. 24th Street, Ste. 200 Phone 602-230-6297 City Phoenix, AZ 85016 Fax 602-926-0452 Escrow Officer Jason Bryant Email jbryant@ securitytitle.com Escrow No. 15180436-015 Grantor: Virtua 35th, LLC, an Arizona limited liability company Phone: 480-930-4614 Contact Ernest Amponsah Phone: Mailing Address: 17470 N Pacesetter Way Email ernest@guypdevelopment. corn City, State Zip Scottsdale, AZ 85255 Fax: 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): 1 i Escrow Fees TI3D 0 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 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 Mortgage Release 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 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 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. El Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD El Other Disbursements: Sub Total TBD Title Report Credit Land* $3,604.00 Possession date: Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes ' No El Exhibit "B" Total Closing Costs TBD Entry Agreement Yes • No IEI Total Purchase Price $3,604.00 Addendum attached hereto and made a Yes El No El 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: 35th Avenue (Carver to Elliot) PCN: 170513 Assessor Parcel No.: 300-11-008V Item No D23695 Right of Way Agent: Wayne Jones Telephone # 602-506-4747 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 Tide 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 rind 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 MAFUCOPA 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 cemify 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 11 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 tide insurance. Upon such waiver, the references to Title Company, Escrow Agent and title insurance herein arc 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 he made direct from the Grantee to the Grantor after approval and acceptance by the MA1UCOPA 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 unetest 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 MAR1COPA COUNTY. MARICOPA COUNTY shall be responsible to the extern that damage occurs out of MAIUCOPA COUNTY's occupation of die 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. GRAN 0 : VII= 35th, LLC, an Arizona Entire. liab com , an _ ...... RECOMMENDED FOR APPROVAL ACCEPTED AND APPROVED: ;4 iVv ol.fire/1 /111W-lft- A IOW- A A I A f MARICOPA COUNTY DEPARTMENT • MARICOPA COUNTY BOARD OF OF TRANSPORTATION 111 SUPERVISORS - -&-r 0 -1-t. -r• MI -.ow Aramin . Arigr&I''7,- . WilizAW end Pros er Ma Chairman of the Board Its .0 -1-e- • IIMAIIIIIV I ATTEST: Date: Date El A. roved as to form within the Date WIN powers and authority of the Board of S ,I tin o Clerk of the Board of Supervisors Accepted Mk III lb" slIIMMI n *_ AIX 1011411111111MIRbia a a ESCROW OFFICER De u Coun Attorney_ Date • Date RES/KGR Revised 2/3/2017 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 300-11-008V Project No.: 1'1'0513 Project Name: 35th Avenue Project Termini: (Carver to Elliot) Item No.: D23695 (WJ) 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 Three Thousand Six Hundred Four and No/100 Dollars ($3,604.00) as payment in full for the real 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 Grantor except as may be herein otherwise agreed. D. That no costs relating to construction of roadway improvements on Project No. 'IT0513 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 Three Thousand Six Hundred Four and No/100 Dollars ($3,604.00) as payment in full for the property described herein. 3. 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 "C" above. Page 3 of 3 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Prelim: 03/25/2019 HP Chk: AppW5VW/-- Rev: Maricopa County Real Estate Dept ment DATE -rv/7 Parcel No. 300-11-008 V Project No. TT0513 35th AVENUE (CARVER ROAD TO ELLIOT ROAD) Item No. D23695-A EXEIMIT "A" LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY A parcel of land being a portion of that property as described in Document 2017-0134192 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 Aluminum Cap, from which the Southeast corner of Section 10, being a Maricopa County Aluminum Cap bears South 00°0459" West, for a distance of 2639.99 feet; thence along the East line said Section 10 South 00°04'59" West, for a distance of 1979.99 feet to the Point of Beginning; thence continuing along said East line South 00 00459" West, for a distance of 95.37 feet; thence North 89°55'01" West being perpendicular with said East section line, for a distance of 50.00 feet; thence North 00°04'59" East being parallel with and 50.00 feet westerly of said East section line, for a distance of 95.19 feet to North line of said property; thence along the North line of said property North 89°52'48" East, for a distance of 50.00 feet to the Point of Beginning. The above described fee parcel contains 4,764 square feet or 0.1094 Acres more or less. The above described parcel is encumbered by an existing county roadway for the portions within the East 33 feet of Section 10 as shown in Book 3 of Road Maps, Page 23 containing 3,145 square feet. N.T.S. EXIST RAN BK 3 of Road Maps. PG 23 D236 95-A Virtua 35th LLC 300-11-008V 300-15-011A NEW R/W NO. BEARING LENGTH L1 S 00 004'59" W 95.37' L2 N 89°55'01" W 50.00' L3 N 00°04'59" E 95.19' L4 N 89°52'48" E 50.00' 300-11-008S L4 PQB 2523.26' ----- 2545.57' S89°49 139"W N89°52`45"E D23695-A Fee Simple Right of Way: Area Encumbered by BK 3 of RD Maps, PG 23 4,764 square feet or 0.1094 acres C), 3,145 square feet MARICOPA COUNTY REAL ESTATE DEPARTMENT 35th Avenue - Carver Road to Elliot Road R/W Agent: M.C. Tech: HP DATE 4-30-19 M.C.D.O,T. PROJECT No, TT0513 ITEM No, D23695-A