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Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Security Title Agency Date July 13, 2023 Address 4722 N. 24" Street Phone_| (602)230-6297 City, State Zip Phoenix, AZ 85016 Fax Escrow Officer Jason Bryant Email_| Jbryant@securitytitle.com Escrow No. ST15230587 Grantor: Calmat Co., a Delaware corporation Phone: | (323)314-6241 Contact Michael F. Linton, Vice President Phone: | N/A Mailing Address: | 16009 E. Foothill Blvd. Email_| lintonm@vmemail.com City, State Zip Irwindale, CA 91720 Fax: N/A 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 : Escrow Fees TBD [J Total Acquisition of Grantor's Property: Full release of all Owners Policy Fees TBD monetary liens and encumbrances, and leases of any kind. Title Report Fee 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 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 Partial Release Fee the lien of the current year's taxes in full. L1_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 [ X]__Easement(s): Consent to easement(s) by secured party(ies). Total Other Charges TBD (1 Other Disbursements: _ | Sub Total TBD Non-Exclusive Access 12 Agreement* $36,070.00 Possession date: Improvements* $28,000.00 10 Close of escrow: Date of recording: Special Conditions Right of Way Contract Yes X | No] Total Compensation $64,070.00 14 Exhibit "B" Total Escrow & Title Costs TBD Entry Agreement Yes LJ | No Total Purchase Price TBD Addendum attached hereto and made a Yes [] | No TOTAL WARRANT** TBD part hereof *Escrow and title policy fees based on this amount only. *** P.O.C Paid outside of closing **Sum of "Total Closing Costs" and "Total Purchase Price" only. Project: Southern Avenue, 51st Ave to 37th Ave. PCN: | TT0633 Assessor Parcel No.: 104-75-004 Item No | D23962 Right of Way Agent: Jordan Ortiz Telephone # | (602) 675-4191 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 Page 1 of 5 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 issuanceof 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-off, 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. _. Ifany 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. This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. 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: RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: CamPacesp"e# P¥elaware corporation ” ft dy MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF scar OF TRANSPORTATION SUPERVISORS Michael F. Linton, Vice President (7 beeusioned by: 12742023 \__oagagrorBrocsas. we apetrew Right of Way Supervisor Chairman of the Board Date 9/27/2023 ATTEST: Date Approved as to form within the coveted of the Board of. Clerk of the Board of Supervisors se a 9972922 v 42772023 Deputy County Attorney. Date Date Page 2 of 5 EXHIBIT "B" NON-EXCLUSIVE ACCESS AGREEMENT Parcel No.: 104-75-004 Project No.: TT0633 Project Name: Southern Avenue, 51st Ave to 37th Ave. Item No.: D23962 (JR) 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. B. Cc. To use the access agreement described herein for the general welfare and benefit of the public. To pay the Grantors the sum of Thirty-Six Thousand Seventy and No/100 Dollars ($36,070.00) as payment in full for the Non-Exclusive Access Agreement described herein. To pay the Grantors the sum of Twenty-Eight Thousand and No/100 Dollars ($28,000.00) as payment in full for the improvements located on the property described herein and broken out as follows: 5.600 SF of asphalt paving =$_ 28,000.00 Site Improvements Total =$ 28,000.00 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. With respect to the development/redevelopment of the property prior to construction of project TT0633, Grantors will be responsible only for the costs of improvements required by the County or a municipality as part of a regulatory approval related to development/redevelopment of the property. THE GRANTORS AGREE: 1. 2. 3. To grant.a Non-Exclusive Access Agreement described in Exhibit "A" to the County of Maricopa for the general welfare and benefit of the public. To accept the sum of Thirty-Six Thousand Seventy and No/100 Dollars ($36,070.00) as payment in full for the Non-Exclusive Access Agreement described herein. To accept the sum of Twenty-Eight Thousand and No/100 Dollars ($28,000.00) as payment in full for the improvements located on the property described herein and broken out as follows: 5,600 SF of asphalt paving =$ 28,000.00 Site Improvements Total =$ 28,000.00 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 “D” above. Page 3 of 5 EXHIBIT "A" Parcel No. 104-75-004 Project No. TT0633 SOUTHERN AVENUE — 51st AVENUE TO 37th LANE Item No. D23962-AA Legal Description for Access Agreement A parcel of land being a portion of Lot 51, Maricopa Garden Farms, according to Book 11 of Maps, Page 38, official records of Maricopa County Recorder, and lying within a portion of the Southwest Quarter of Section 28, Township 1 North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: COMMENCING at the Southwest corner of said Section 28, said point being marked by a 3-inch Maricopa County aluminum cap in hand hole from which the South Quarter corner of said Section 28, said point being marked by a3-inch Maricopa County aluminum cap in hand hole, North 89 degrees 56 minutes 00 seconds East, 2,638.43 feet (basis of bearings); thence along the South line of said Southwest Quarter, North 89 degrees 56 minutes 00 seconds East; 2607.72 feet; thence North 0 degrees 04 minutes 00 seconds West; 33.00 feet to the POINT OF BEGINNING; thence North 0 degrees 04 minutes 04 seconds West, 152.00 feet; thence North 89 degrees 56 minutes 03 seconds East, 31.23 feet; thence along the East line.of said Lot, South 0 degrees 05 minutes 42 seconds West, 152.00 feet; thence South 89. degrees 56 minutes 01 seconds West, 30.80 feet to the POINT OF BEGINNING. The above-described parcel contains 4,715 square feet or 0.1082 acres, more or less, and is depicted-on the attached Exhibit “B”. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Agent J. Rodriguez Project.No. TT0633 Chk: Tech M.P. (EPS) Prepaired by: EPS GROUP, INC. Page 4 of 5 EXHIBIT "A" Not to Scale LINE TABLE LINE BEARING LENGTH Lt | .NO0‘04'00"W | 33.00" L2. | N89°56'03"E | 31.23" ; L3. | $89°56'01"W | 30.80" t2 APN: 104-75-004 CALMAT COMPANY DOCUMENT 1987-0706600, M.C.R. LOT 51, MARICOPA GARDEN FARMS BOOK 11.0F MAPS, PAGE 38, M.C.R. . : SI 8 RS fs = = s = = 3 3 3 = n 023962-AA POINT OF BEGINNING [ — ae 1 13 SOUTHERN AVENUE bari 2,607.72" : 30.71 N89°56'00"E 2,638.43' (BASIS OF BEARING) POINT OF COMMENCEMENT SOUTH QUARTER CORNER SOUTHWEST CORNER SECTION 28, TIN, R2E | SECTION 28, TIN, R2E 3” MARICOPA COUNTY 3” MARICOPA COUNTY ALUMINUM CAP IN. HAND: HOLE ALUMINUM CAP IN HAND HOLE D23962-AA Area: 4,715 square feet or 0.1082 acres SHT 1 of 1 MARICOPA COUNTY SOUTHERN AVENUE — 51st AVENUE TO 37th LANE PROJECT No. TT0633 Agent J. Rodriguez Prepared by: EPS Group Inc. ITEM No. D23962-AA Tech M.P. (EPS) Checked: Date: 05/25/2023 Page 5 of 5