O. D23459.PDF

Maricopa County — Formal (2018-03-07)

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Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company North American Title Company Date January 5, 2018
Address 3200 E. Carnelback Rd., Suite 200 Phone (480)596-5022
City , Phoenix, AZ 85018 Fax (4840)596-5031
Escrow Officer Mark Osborn Email MOsborn@natcom
Escrow No. 29400-17-84523
Grantor: SMT Investors LP et al Phone: (602)385-4213
Contact: Rory Blakernore
Address: 1242 E. Jackson St. Email RBlakentore@cowleyeo.corn
City, State Zip Phoenix, AZ 85034 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 Charges and Disbursements to be paid from Grantor's funds as follows
with the Title Company if escrowed, the purchase price plus all (cheek all that apply):
lawful costs incidental to closing as follows:
I I
Escrow Fees • Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees 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
Mortgage Release P 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.
I
I4 Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges I
• Other Disbursements: [
Sub Total
Title Report Credit
Land"' Possession date:
Improvements* Close of escrow:
Slope Easement 3,700.00 Date of recording:
Special Conditions Right of Way Contract Yes El No •
Exhibit "B"
Total Closing Costs Entry Agreement Yes III No lE1
Total Purchase Price 3,700.00 Addendum attached hereto and made a Yes Ill No Z
TOTAL WARRANT** part hereof
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
Project: MC85 (Liberty School to Cotton Lane) PCN: 110548
Assessor Parcel No.: 502-49-017G Item No D23459
Right of Way Agent: Kimberly Romero Telephone (602)506-8685
Page 1 of 6

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 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-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 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.
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.
Page 2 of 6

GRANTOR: GRANTOR: GRANTOR:
Du Haben Investments, LLLP Gente Boa Investments, LLLP
San Isidro Six Investments, Lt..0 an Arizona limited liability limited an Arizona limited liability limited
an Arizonp limited liability corTipan partnership partnership
By: CCT Investors, LLC By: CCT Investors, LLC
By: an Arizona limited liability company an Arizona limited liability company
Its: General Partner Its: General Partner
Its: Man
By: Cowley Companies, Inc. By: Cowley Companies, Inc.
an Arizona corporation an Arizona corporation
Its: Manage Its: Manadar
By: Miclyiel T. Cowley By: P9Ichael T. Cowl
It's: Prisident It's:firesident
GRANTOR: GRANTOR: GRANTOR:
San Felipe Neri Investments, LLLP Vista Hermosa Holdings, LLLP
Go West Too Profit Sharing Plan an Arizona limited liability limited an Arizona limited liability limited
partnership partnership
By: CCT Investors, LLC By: CCT Investors, LLC
By: an Arizona limited liability company an Arizona limited liability company
Nathan Learner, Trustee Its: General Partner Its: General Partner
By: Cowley Companies, Inc. By: Cowley Companies, Inc.
an Arizona corporation an Arizona corporation
Its: Manag Its: Manager
By: Micyael T. Cowley By: Fichael T. Cow
Its: Pristdent It's/President
GRANTOR: GRANTOR: GRANTOR:
SCM Chon, LLLP SCM K Neal, LLLP SMT Investors Limited Partnership
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited partnership
Partnership Partnership
By: Strategic Capital Management, LLLP By: CCT Investors, LLC an Arizona limited
By: Strategic Capital Management, LLLP an Arizona limited liability limited liability company
an Arizona limited liability limited partnership partnership Its: General Partner
Its: General Partner Its: General Partner
By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, By: Cowley Companies, Inc.
an Arizona limited liability company LLC an Arizona limited liability company an Arizona corporation
Its: General Partner Its: General Partner Its: Manager
By: Emerson investments, LLC By: Emerson Investments, LLC
an Arizona limited liability company an Arizona limited liability company
Its: Mambo Its: Memb
By: Micyael T. Cowie By: Mt /Mae! T. Cow By: plichael T. Co
Its: Mimber Its: Mimber Its/President
Page 3 of 6

GRANTOR: GRANTOR: GRANTOR:
SCM KDL, LLLP SCM -Neal, LLLP SCM Neal TS, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
Partnership Partnership Partnership
By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
partnership partnership partnership
Its: General Partner Its: General Partner Its: General Partner
By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC
an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company
Its: General Partner Its: General Partner Its: General Partner
By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC
an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company
Its: Member Its: Mem Its: iVlem
By: MichaeA T. Cowley By: M)6hael T. Cow By: ; tchael T. Cowie
Its: IVIemb Its: M‘mber Its: ember
GRANTOR: GRANTOR: GRANTOR:
SCM Okland, LLLP SCM Cleiriman, LLLP SCM Spectrum, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
Partnership Partnership Partnership
By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
partnership partnership partnership
Its: General Partner Its: General Partner Its: General Partner
By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC
an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company
Its: General Partner Its: General Partner Its: General Partner
By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC
an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company
Its: Mernb Its: Membe Its: Membe
By: Mi ael T. Cowley By: MiOael T. Cowley By: Mrchael T. Cowley,
Its: IVI mber Its: IVIeber Its:,fliember
GRANTOR: GRANTOR: GRANTOR:
SCM Farnsworth, LLLP SCM Hall, LLLP SCM Shill, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
Partnership Partnership Partnership
By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
partnership partnership partnership
Its: General Partner Its: General Partner Its: General Partner
By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC
an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company
Its: General Partner Its: General Partner Its: General Partner
By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC
an Arizona jimited liability company an Arizona limited liability company an Arizona limited liability company
Its: Member Its: Mamba Its: Member
By: MiChel T. Cowley By: MiVael T. Cowley By: MiAael T. Cowley
Its: Meniber Its: Meber Its: Wrnber
Pa.2e 4 of 6

GRANTOR: GRANTOR: GRANTOR:
SCM McAllister II, LLLP SCM Rosenthal Press, LLLP SCM Tanner, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
Partnership Partnership Partnership
By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
partnership partnership partnership
Its: General Partner Its: General Partner Its: General Partner
By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC
an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company
Its: General Partner Its: General Partner Its: General Partner
By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC
an Arizona limited liability company an Arizona lirnited liability company an Arizona limited liability company
Its: Member Its: Member Its: Membe
By: Micha By: Mich T. Cowley By: Miithael T. Cowley
Its: Member its: Meraer Its: 106mber
GRANTOR: GRANTOR: GRANTOR:
SCM Williams, LLLP SCM Salmon, LLLP
SCM Toone, LLLP an Arizona limited liability limited an Arizona limited liability limited
an Arizona limited liability limited Partnership Partnership
Partnership
By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP By: Strategic Capital Management, LLLP
an Arizona limited liability limited an Arizona limited liability limited an Arizona limited liability limited
partnership partnership partnership
Its: General Partner Its: General Partner Its: General Partner
By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC By: Strategic Capital Management AZ, LLC
an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company
Its: General Partner Its: General Partner Its: General Partner
By: Emerson Investments, LLC By: Emerson Investments, LLC By: Emerson Investments, LLC
an Arizona limited liability company an Arizona limited liability company an Arizona limited liability company
Its: Member Its: Membe Its: Membe
Lar,'
By: Micyael T. Cowley By: Mjihael T. Cowley By: 1T€hael T. Cowlem
Its: MeAber Its: Wernher Its: Member
• RECOMMENDED FOR APPROVAL: • ACCEPTED AND APPROVED:
MIIIMIIIMIIII=IIIMMIIII• MARICOPA COUNTY DEPARTMENT • MARICOPA COUNTY BOARD OF
OF TRANSPORTATION • SUPERVISORS
IMIIIMPAIMENIMIME
1111Mr"- aillIMIIIMIMMEM
• liggVAZ IE
Real Propel ranch Manager 11. Chairman of the Board
• MllMr1iIllrAIMIMIIIMIM
MILIWNWi lli ATTEST:
• Date El
III Approved as to form within the
1 powers and authority of the Board of Clerk of the Board of Supervisors
Supervisors
Accepted Date
ESCROW OFFICER •
Deputy County Attorney Date • Date
RES/KGR Revised 2/3/2017
Page 5 of 6

Parcel No. 502-49-017 G
Project No. TT0548
MC 85 - LIBERTY SCHOOL ROAD TO COTTON LANE
Item No. D23459-4
EXHIBIT "A"
LEGAL DESCRIPTION FOR SLOPE EASEMENT
A parcel of land being a portion of that property as described in Document 2015-0297060, Maricopa
County Records, lying within the Southwest Quarter of Section Twenty Six, Township One North,
Range Two West of the Gila and Salt River Meridian, and being more particularly described as
follows:
COMMENCING at the Southwest corner of said Section 26, being an aluminum cap 1.7 feet down,
from which the West Quarter corner of said Section 26, an aluminum cap 2.0 feet down, bears North
00016'32 1 East, a distance of 2646.73 feet;
thence along the West line of said Section 26 North 00°16'32" East, a distance of 987.53 feet to the
North right of way line of MC 85;
thence along said North right of way line North 38 051'30" East, a distance of 551.51 feet to a point on
the South line of said property and the POINT OF BEGINNING;
thence along said South property line North 38'51'30" East, a distance of 595,39 feet to the North line
of said property, also being the South line of Buckeye Canal;
thence along said North property line North 82°26'52" West, a distance of 17.56 feet;
thence departing said North property line South 38 051 130" West, a distance of 586.26 feet;
thence South 51 006133" East, a distance of 15.00 feet to the POINT OF BEGINNING.
The above described parcel contains 8,862 square feet or 0.2035 Acres more or less.
Page 1 of 1
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: RES - 9/1/17 Chk: APPr: LV /0-0 .3 -Ai
Rev:
Maricopa County Public Works - Real Estate Division
GRANTOR eybf--- DATE
EXHIBIT "A"

N.T.S.
4
D23459 4'
Emerson Investments LLC
502-49-017G
6'32"E SLOPE ESMT:___ _----1 / , / i
°1
N00
/ •()) i q:?
/ /6/ /
/4.
L2
POB
NO. BEARING LENGTH
Li N 82°26'52" W 17.56'
L2 S 51°06'33" E 15.00'
D23459-4 Slope Easement:
8,862 square feet or 02035 acres
MARICOPA COUNTY REAL ESTATE DEPARTVENT
MC85 - Liberty School Road to Cotton Lane
PROJECT No. 70548 ITEM No, D23459-4 DATE 9-7-17 M.C.D.O.T, R/W Tech: Agent: RES K.R.

EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No.: 502-49-017G
Project No.: TT0548
Project Name: MC85
Project Termini: (Liberty School to Cotton Lane)
Item No.: D23459 (KGR)
WHEREAS in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement
between the Grantor and Marieopa County. No further consideration is being paid than described in this agreement.
MAR1COPA COUNTY AGREES:
A. To use the real property described herein Exhibit "A" for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Three Thousand Seven Hundred and No/100 Dollars ($3,700.00) as payment
in full for the Slope Easement on 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 Grantor except as may
be herein otherwise agreed.
D. That no costs relating to construction of roadway improvements on Project No. TT0511 will be charged to the
Grantor.
THE GRANTOR(S( AGREE:
I. To grant a Slope Easement 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 Seven Hundred and No/100 Dollars ($3,700.00) as payment in full for
the Slope Easement on 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.
GRANTOR riW DATE Zfflc GRANTOR DATE
Page 6 of 6