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Maricopa County Purchase Agreement and Escrow Instructions (Not Applicable for Dedications) Title Company DHI Title Agency Date April 26, 2024 Address 20410 N. 19th Ave., Suite 190 Phone (909) 510-6200 City Phoenix, AZ 85027 Fax Escrow Officer Kristi Olavesen Email KKOlavesen@dhititle.com Escrow No. 295-240400012 Grantors: FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation Phone: 480-368-1081 Contact Dan Bonow Phone: 480-266-9211 Mailing Address: 7689 E. Pinnacle Peak Road, Suite 200 Email DRBonow@drhorton.com 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 Sub- Charges and Disbursements to be paid from Grantor's funds as deposit with the Title Company if escrowed, the purchase price Object | follows (check all that apply): plus all lawful costs incidental to closing as follows: Code l | Escrow Fees TBD LJ Total Acquisition of Grantor's Property: Full release of all Title Policy Fees TBD monetary liens and encumbrances, and léases of any kind. Title Report Pay in full all due and delinquent real property taxes and Title Report Credit general and special improvement assessments. Prorate the Total Escrow & Title Fees $0.00 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 Release & Reconveyance the lien of the current year's taxes in full. Release of Lease [Xx] 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 Total Recording Fees $0.00. 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) Consent Fees of Purchase. The current year's taxes shall not be prorated S.R.V.W.U.A. regardless of the closing date. Taxes -Prorated ‘ml Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges [J Other Disbursements: _| Sub Total 0.00 Land* $0.00 Total Closing Costs*** $0.00 Total Purchase Price $0.00 TOTAL WARRANT** $0.00 *Escrow and title policy fees are based on this amount only. **Sum of "Total Purchase Price" only. *** All Closing Costs are to be paid by Seller. Project Name: 107th Ave. Annex Project Number: | TT0008 Assessor Parcel No.: 101-14-Unassessed Item No. D25178 / DD10926 Right of Way Agent: Dante Olono Telephone # (602) 506-6792 Page 1 of 4 The GRANTORS, having executed a conveyance of certain real property rights to the GRANTEE as described in the Exhibits “A-1” and “A-2” 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 Grantors' 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 Grantors acknowledge receipt of the amount shown on the closing statement as due Grantors. 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 title insurance policy; fees associated with lender releases or loan payoffs, including endorsements, document preparation, and other expenses related thereto; escrow fees and other charges by the escrow company 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. The property owner/applicant is responsible for all title and escrow cancellation fees if the closing/recording process is not completed. 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 Grantors 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 Grantors 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 Grantors' 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 Grantors' property, then Grantors grant to MARICOPA COUNTY, its agents, employees and contractors, the right to enter Grantors' 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 Grantors' 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 understood and agreed that this temporary right will expire and terminate thirty (30) days after completion of the above referenced project. This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. GRANTORS: FORESTAR (USA) RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: REAL ESTATE GROUP INC., a Delawen f MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF ‘DRuSGRORTATION SUPERVISORS By: . . Its:Vice_President_- West_Mountain Right of Way Supervisor Chairman of the Board Region Vice President and Arizona 4/29/2024 Division President ATTEST: : Date . Date:_ 4/26/2024 Approved as to form within the powers and authority of the Board of Clerk of the Board of Supervisors DocuSigned by: Wayne Puck ‘C9463D0DE44C4E6... Deputy County Attorney Date 4/29/2024 Date Page 2 of 4 EXHIBIT “A-1” Right-of-Way — Maricopa, Arizona Project No. DD10926 "107th Ave. Annex Job No. 17-278 Item No. D25178 April 15, 2024 A PORTION OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE. 1 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, _ ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 29, BEARS SOUTH 0 DEGREES 55 MINUTES 29 SECONDS EAST, 2655.74 FEET; : ; 7 THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, SOUTH 0 DEGREES 55 MINUTES 29 SECONDS EAST, 1328.17 FEET to the POINT OF BEGINNING; THENCE NORTH 89 DEGREES 53 MINUTES 44 SECONDS EAST, 40.00 FEET; THENCE SOUTH 0 DEGREES 55 MINUTES 29 SECONDS EAST, 1177.57 FEET; - THENCE SOUTH 89 DEGREES 56 MINUTES 01 SECONDS WEST, 40.00 FEET; THENCE NORTH 0 DEGREES 55 MINUTES 29 SECONDS.WEST, 1177.55 FEET TO THE POINT OF BEGINNING. ; SAID OVERALL PORTION OF . LAND. CONTAINS 47, 102 SQUARE FEET, OR 1.0813 ACRES, MORE OR - LESS, AND BEING :SUBJECT TO ANY EASEMENTS, RESTRICTIONS, AND/OR RIGHTS-OF- -WAYS- OF RECORD OR OTHERWISE. THIS DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE. SUBDIVISION REGULATIONS OF THE STATE, COUNTY AND/OR MUNICIPALITY, OR ANY OTHER LAND DIVISION RESTRICTIONS. EPS Group, Ince 1130 N, Alma School Rd, Suite 120 « Mesa, AZ 85201 Tel (480) 503-2250 « Fax (480) 503-2258 S:\Projects\2017\17-278\Legal Survey\Legals\ROW MC\17-278ROW_ME - LD_.docx Page 3 of 4 Tspr 13, 2024 4:42pm. S:\Projects\201:7\17—2/B\Legal Survey \Legais ROW MCAA-7-278_ROW_MC— Ex.dwg POINT OF COMMENCEMENT EXHIBIT "A-2" 17-278 MARICOPA COUNTY RIGHT-OF-WAY, Project No. DD10926 107th Ave. Annex Item No. D25178 NW COR ag Poin’ SEC 29, TIN, R 1, BROADWAY ROAD Wy G&SRM er328.17 BRASSCAP IN HANDHOLE _» ff" 1000 200 - — Oh ” feet POINT OF BEGINNING“ \ I> BE 40 23 aa a a ) es LINE TABLE oes LINE | BEARING | LENGTH Qs ||-— & " 2B LSS Lt | N89°53'44"E ] 40.00" us 2} -S00°55'29"E | 1177.57’ eS L3 | se9’se’or"w | 40.00" , VRS > Sa L4 | noo'ss'29"w | 1177.55" < — Ss x a TE '< a 2 | | = L3 , INL1 327.09" wi/4 ore SEC 29, TIN, R TE, G&SRM ~ BRASSCAP FLUSH T ROUVAILLE 1130 N: Alma School Rd. : _"T:480,503.2250 | F:480,503,2258 Ste. 120 Mesa, AZ 85201 WWwW.epsgroupinc.com Page 4 of 4