C. D22569.PDF

Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company _ First American Title Company Date 01/24/2017
Address 2425 E. Camelback Rd., S-300 Phone _ 602-567-8121
City Phoenix, AZ 85016 Fax 866-383-3243
Escrow Officer _ Cheri Brady Cell 602-621-3696
Escrow No.
Grantor: Phoenix Logistics Center, LLC Phone: —_ 602-845-5200
Address: 6720 N. Scottsdale Rd., Suite 270 Phone:
City Scottsdale, AZ 85253 Fax: 602-508-6167
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address:
Real Estate Division, 2801 W. Durango Street, Phoenix, Arizona 85009
MARICOPA COUNTY shail pay directly to the Grantor, or Charges and Disbursements to be paid from Grantor's funds as
deposit with the Title Company if escrowed, the purchase price follows (check all that apply):
plus ail lawful costs incidental to closing as foliows:
Escrow Fees [1 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: shail withhold the prorated amounts from each party and pay
Deed the lien of the current year's taxes in full. ,
Easement
Mortgage Release Xx] 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 the
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 regardiess of the closing date.
['] Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
L] Other Disbursements:
Sub Total
Title Report Credit
Land & Improvements* $10.00 Possession date:
Severance Damages Close of escrow:
TCE Date of recording:
Cost to Cure
Special Conditions Right of Way Contract Yes Nol]
Exhibit “B"
Total Closing Costs Entry Agreement YesL] Nok
Total Purchase Price $10.00 Addendum attached hereto and made a -YesX] No&
TOTAL WARRANT* part hereof
*Escrow and title policy fees based on this amount only.
*Sum of Total
5	1	77	1	1	4	501	2657	134	36	96.008400	Closing
5	1	77	1	1	5	648	2658	117	27	88.027237	Costs and Total
5	1	77	1	1	8	973	2657	167	28	96.129448	Purchase
5	1	77	1	1	9	1155	2657	104	28	0.000000	Price”
5	1	77	1	1	10	1272	2658	81	35	96.763855	only.
2	1	78	0	0	0	139	2720	2173	166	-1	
3	1	78	1	0	0	139	2720	2173	166	-1	
4	1	78	1	1	0	141	2720	2034	36	-1	
5	1	78	1	1	1	141	2721	63	29	96.579437	The
5	1	78	1	1	2	217	2721	193	33	96.335014	GRANTOR,
5	1	78	1	1	3	424	2720	107	36	95.954620	having
5	1	78	1	1	4	544	2720	149	28	96.163330	executed
5	1	78	1	1	5	706	2727	19	21	96.294228	a
5	1	78	1	1	6	736	2727	199	29	96.347946	conveyance
5	1	78	1	1	7	948	2720	30	28	96.772652	of
5	1	78	1	1	8	988	2720	110	28	96.373978	certain
5	1	78	1	1	9	1113	2720	59	28	96.444366	real
5	1	78	1	1	10	1186	2721	134	35	96.869751	property
5	1	78	1	1	11	1333	2720	88	36	96.952095	rights
5	1	78	1	1	12	1431	2721	30	27	96.950485	to
5	1	78	1	1	13	1473	2720	51	28	96.405022	the
5	1	78	1	1	14	1537	2720	132	28	96.479439	Grantee
5	1	78	1	1	15	1683	2720	24	28	96.240990	in
5	1	78	1	1	16	1720	2727	19	21	96.631310	a
5	1	78	1	1	17	1752	2720	108	28	96.359177	certain
5	1	78	1	1	18	1873	2727	200	29	96.313622	conveyance
5	1	78	1	1	19	2085	2720	90	28	96.894150	dated
4	1	78	1	2	0	142	2763	2170	36	-1	
5	1	78	1	2	1	142	2765	160	28	96.403236	described
5	1	78	1	2	2	316	2765	26	28	96.738777	in
5	1	78	1	2	3	357	2763	108	30	93.628181	Exhibit
5	1	78	1	2	4	477	2763	48	29	67.185646	A"
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 the
acceptance of delivery and possession by its BOARD OF SUPERVISORS.
Project: TT345 — MC85, 95"" Avenue to 75" Avenue PCN:
Assessor Parcel No.: 101-12-001E, O01F, 001G Hem No D22569
Right of Way Agent: Patrick Mertz Telephone # 602-506-4639

The Escrow Agent shail 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.
The Escrow Agent is to withhold $ 0.00 as a security deposit pending satisfactory delivery of the subject property to MARICOPA COUNTY by the
Grantor. Grantor agrees MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due MARICOPA COUNTY from the
Grantor, or to payment for any loss or damage sustained by MARICOPA COUNTY caused by the Grantor after the date of this agreement. MARICOPA
COUNTY will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after
acceptance of delivery and possession of the subject property.
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 - Public Works Real Estate Division 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 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 expressed herein is likewise; 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.
If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such
improvements not later than 30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon
expiration of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of
MARICOPA COUNTY and all rights of the Grantor to said improvements shall cease and terminate. Grantor shalt be liable for the reasonable costs
incurred in removing said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor’s remaining lands
where necessary to accomplish the purpose of this agreement.
if MARICOPA COUNTY is acquiring only a portion of Grantor’s property, then Grantor grants to MARICOPA COUNTY, its agents, employees and
contractors, the right to enter Grantor's 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 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. Alt claims shail 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.
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:
Phoenix Logistics Center, LLC
A Delaware limited liability company MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
OF TRANSPORTATION SUPERVISORS
fp
brary A /. bear
ee et
= Land Acquisition Branch Manager Chairman of the Board
AN oized Vepreterbabre 2 / a / A2polF ATTEST:
Date
Approved as to form within the
powers and authority of the Board of
, Clerk of the Board of Supervisors
Supervisors
Accepted Date
ESCROW OFFICER
Deputy County Attorney Date Date
GSICS Revised 10/6/2009

Parcel No, 101-12-001K, 001F, 001L
Project No. TT345
MC-85 at 83RD AVENUE and CENTER TURN LANE EXPANSION
Item No. D22569
|
EXHIBIT “A”
LEGAL DESGRIPTION FOR FEE SIMPLE RIGHT OF WAY
Two parcels of land being a portion of that property as described in Document 2008-
0087619, Maricopa County Records, lying within the Northwest Quarter of Section 15,
Township 1 North, Range 1 East, Gila and Salt River Meridian, Maricopa County, Arizona,
and being more particularly described as follows:
RAW 1 (SEE DETAIL on SHEET 2) .
COMMENCING at the Northwest corner of the Northwest Quarter of said Section 15, from
which the West Quarter corner bears South 01°48'07" West, a distance of 2,663.96 feet and
from which the North quarter corner bears North 84°24'53” East, a distance of 2,547.09 feet;
thence along the West line of the said Northwest quarter, South 01°48'07" West a distance of
454.48 feet: thence departing said West line, South 88°11'53" East, a distance of 40.00 feet
to a point on the East line of the West 40 feet of the said Northwest Quarter and also the
POINT OF BEGINNING; thence along said East line, North 01°48'07" East a distance of
328.69 feet: thence departing said East line, North 84°24'53" East a distance of 4.03 feet fo a
point on the East line of the West 44.00 feet of the said Northwest Quarter, thence along last
said East line, South 01°48'07” West, a distance of 329.2 1feet; thence leaving last said East
line, North 88°11'53" West, a distance of 4.00 feet to the POINT OF BEGINNING, containing
1,316 square feet or 0.0302 acres, more or less.
RW 2 (SEE DETAILS 1 & 2 on SHEET 1)
COMMENCING at the Northwest corner of the Northwest quarter of the said Section 15, from
which the West Quarter corner bears South 01°48'07" West, a distance of 2,663.96 feet and
from which the North quarter comer bears North 84°24'53" East, a distance of 2,547.09 feet;
thence along the West line of the said Northwest Quarter, South 01 °A48'07" West a distance of
53.29 feet; thence departing said West line South 88°11'53" East, a distance of 55,00 feet to
a point on the East line of the West 55.00 feet of the said Northwest Quarter and also the
POINT OF BEGINNING; thence North 43°06'30" East, a distance of 15.02 feet to a point on
the South line of the North 50.00 of the said Northwest Quarter; thence along said South line,
North 84°24'53" East a distance of 521.38 feet; thence leaving said South line, North
05°35'07" West a distance of 17.00 feet to the South line of the North 33.00 of the said
Northwest Quarter; thence along last said South line, North 84°24'53" East a distance of
4,942.67 feet to a point on the West line of that property as described in Docket 183, Page
345, Maricopa County Records; thence along said West line, South 01°10'42" West a
distance of 50,52 feet; thence leaving said West line, South 84°06'17" West a distance of
30.48 feet; thence North 05°53'43" West, a distance of 20.00 feet; thence South 84°06'17"
West, a distance of 1056.33 feet to the beginning of a non-tangent curve, the center of which
bears South 05°53'59" East, a distance of 17,937.00 feet; thence westerly along the arc of
said curve, through a central angle of 00°28'52", for an arc distance of 150.61 feet to the
—
Page lof2

D22569 (cont’d.)
beginning of a non-tangent curve, the center of which bears South 07°25'14" East, a distance
of 17,905.62 feet; thence westerly along the are of said curve, through a central angle of
01°17'31", for an are distance of 403.76 feet to the beginning of a non-tangent curve, the
center of which bears North 08°42'16" West, a distance of 9872.64 feet; thence westerly.
along the arc of said curve, through a central angle of 02°27'18", for an arc distance of
423,03 feet to the beginning of a non-tangent curve, the center of which bears North
05°12'41" West, a distance of 9,904.52 feet; thence westerly along the arc of said curve,
through a central angle of 01°17'17", for an arc distance of 222.66 feet to the beginning of a
non-tangent line; thence South 86°14'25" West, a distance of 56.49 feet to the beginning of a
.
non-tangent curve, the center of which bears North 03°35'47" West, a distance of 9,904.52
feet; thence westerly along the arc of said curve, through a central angle of 00°45'23", for an
arc distance of 130.78 feet to a point on the East line of the West 55.00 feet of the said
Northwest Quarter; thence along last said East line, North 01°48'07" East, a distance of 31.14
feet to the POINT OF BEGINNING, containing 104,717 square feet or 2.4040 acres, more
or less.
The two above described parcels contain 106,033 square feet or 2.4342 acres, more or less.
KENNETH W.
GREEN
5 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION (ia,
Prelim: 09/25/2015 jb_| Chk: | Appr:
Rev: 03/15/16 jb; 06/02/16 jb: 09/06/16 jb
Maricopa County Public Works - Real Estate Division EXPIRES. 12/34 {2017
GRANTOR DATE
Page 2 of 2
EXHIBIT “A”

Exhibit “B”
RIGHT OF WAY AGREEMENT
Parcel Nos.: 101-12-O001E, OO1F & 001G
Project No.: TT345 — MC85
95" Avenue to 75" Avenue
Item No.: D22569
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 contract.
THE COUNTY OF MARICOPA AGREES:
A. To use the real property described in Exhibit A for the general welfare and benefit of
the public.
B. To pay the Grantor the sum TEN and no/100 dollars ($10.00) as payment in full for the
property described herein.
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 County.
THE GRANTOR AGREES:
To grant a Special Warranty Deed for the real property described in Exhibit A to the
County of Maricopa for the general welfare and benefit of the public.
To accept the sum of TEN and no/100 dollars ($10.00) as payment in full for the property
described herein.
That acceptance of this property in no way obligates Maricopa County to construct or
maintain a roadway within the Right of Way granted by this document.
24288445