Development Application
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Project Narrative – Southwest corner Grand Ave / Acoma APN 501-33-009Z
PA24-04-03
Black Rock Coffee Bar
September 3, 2024
Narrative
The proposed development is located at the Southwest corner of Grand Ave and Acoma in El
Mirage AZ. The master developer is purchasing the entire property and is construction the
Black Rock Coffee on the corner parcel as part of this application. This project will contain a
620 SF Black Rock Coffee building, double drive thru lanes and limited onsite parking. A patio
is planned on the south side of the building. Access will be from Acoma with a single drive
located at the maximum distance possible from Grand Ave. Secondary access is planned on
the Grand Ave Frontage Rd. This site is zone UC Urban Corridor subject to ordinances in of
City of El Mirage.
This site has not been previously developed. In approximately 2003, Dietz Crane homes
constructed Acoma when developing the subdivision to the southwest. Frontage road along
Grand was constructed in the 1990s.
Aerial map
Primary operations are beverage pickup through the drive through lanes. This site is planned to
have an outdoor patio to serve walk ups and limited outdoor seating. This project will not
contain any indoor customer seating.
The building will be a 620 sf conventional framed or prefabricated single building at or below 25’
in height.
Infrastructure for this site will be limited to private water and sewer services for this site. This
development will construct one 1” meter for domestic and a separate 1” meter for landscape.
Fire flow required for this site will be 1500 GPM due to size and building type. Existing hydrant
is located at the corner of Grand and Acoma. If a fire riser is required, a 6” fireline will connect
to city main with backflow devices at the property line. Due to location of sewer, a private 8”
sewer will be constructed along the southwest side of the site to provide sewer for this site and
service for the remainder of the property.
This project (Black Rock Coffee) will be constructed in a single phase. The south edge of the
site is planned for cross access to serve future development northwest of this project.
Currently, there are no immediate plans for the remainder of the property and they will be built
in future phases by future applications to the city of El Mirage. The owner is actively marketing
the property for commercial uses consistent with the current zoning and compatible with this
project. The overall project is intended to have cross access between all parcels on the
overall development.
Normal operations are 5AM to 7PM daily (each location subject change) and typical operations
include up to 5 employees on shift at a given time.
P L A N T L I S T
DECOMPOSED GRANITE - 3
4" SCREENED, 2" DEPTH IN ALL AREAS
OF PLANTING. "Madison Gold" Color.
MASTIC TREE
PISTACIA LENTISCUS
2" Caliper
6
9' Ht., 4' Spread
GREEN CASSIA
SENNA NEMOPHYLLA
SOPHORA SECUNDIFLORA
TEXAS MOUNTAIN LAUREL
YELLOW BELLS
TECOMA STANS
COMPACT MYRTLE
MYRTUS COMMUNIS 'COMPACTA'
22
5 GAL.
'NEW GOLD' LANTANA
LANTANA MONTEVIDENSIS 'NEW GOLD'
5 GAL.
16
5 GAL.
VALENTINE BUSH
EREMOPHILA MACULATA 'VALENTINE'
33
5 GAL.
COMMON NAME
SIZE
SYMBOL
REMARKS
P L A N T L I S T
8
5 GAL.
EVERGREEN ELM
ULMUS PARVIFOLIA
BOTANICAL NAME
QUAN.
6
7' Ht., 4' Spread
14
5 GAL.
10
5 GAL.
2" Caliper
2
DESERT WILLOW
CHILOPSIS LINEARIS
10' Ht., 4' Spread
39
2" Caliper
6
ALL TREES SHALL COMPLY WITH THE LATEST AMENDED EDITION OF THE
"ARIZONA NURSERY ASSOCIATION - RECOMMENDED TREE SPECIFICATIONS."
LANTANA MONTEVIDENSIS 'PURPLE'
5 GAL.
17
PURPLE TRAILING LANTANA
LYNN'S LEGACY SAGE
LEUCOPHYLLUM LANGMANIAE 'Lynns Legacy'
Trees
Shrubs / Groundcovers
3' Ht., 2' Sp.,
1" Cal.
15 GAL.
HESPERALOE FUNIFERA
GIANT HESPERALOE
10' Ht., 4' Spread
2" Caliper
5
RED YUCCA
HESPERALOE PARVIFLORA
OUTBACK SUNRISE
EREMOPHILA GLABRA 'Mingenew Gold'
BUSH BOUGAINVILLEA
BOUGAINVILLEA 'CRIMSOM JEWEL'
6
5 GAL.
11
5 GAL.
13
5 GAL.
FRAXINUS VELUTINA 'FAN-TEX'
FAN-TEX ASH
1.
EXISTING STREET CURB & GUTTER
2.
EXISTING CONCRETE SIDEWALK
3.
EXISTING FIRE HYDRANT
4.
EXISTING STREET LIGHT
5.
EXISTING PARCEL BOUNDARY
6.
EXISTING SIGN
7.
NEW ENTRY DRIVE
8.
NEW 6" CONCRETE CURB
9.
NEW CONCRETE WALK
10.
NEW UNDERGROUND RETENTION PIPE
11.
NEW DRAINAGE PIPE / DRY WELL
12.
NEW RETENTION BASIN
13.
NEW TEMPORARY RETENTION BASIN
14.
NEW TEMPORARY STONE RIP-RAP
15.
NEW TEMPORARY PAVED ACCESS
16.
NEW TEMPORARY 6" CONCRETE CURB
17.
NEW TEMPORARY BARRICADE
18.
NEW ASPHALT DRIVE
19.
NEW ASPHALT PARKING AREA
20. NEW ACCESSIBLE ROUTE/RAMP
21. NEW TRASH ENCLOSURE
22. NEW 3' HT. MASONRY WALL
23. NEW MENU BOARD
24. DRIVE-THRU LANE
25. PROPOSED PARCEL BOUNDARY
26.
SIGHT VISIBILITY AREA
LANDSCAPE KEY NOTES
15
16
17
13
7
5
5
8' P.U.E.
8' P.U.E.
8' P.U.E.
18
19
20
21
22
23
24
25
26
14
12
11
10
9
8
6
4
1
2
3
1
2
8
9
17
18
22
22
25
PATIO
W. ACOMA DRIVE
GRANDE AVENUE (US 60)
PROPOSED
BUILDING
L1
Preliminary
Landscape
Plan
0
10'
20'
40'
1"=20'
NORTH
REVISION:
DATE:
PROJECT:
of 4
AUGUST.1.2024
2024-11
500 E. Mary Lane
480-226-4278
pat@mlalandscape.com
Gilbert, Arizona 85295
Landscape Architects, Inc.
Associates
12443 NW Grand Avenue
El Mirage, Arizona 85335
Coffee Bar
Black Rock
VICINITY MAP
NORTH
BELL RD.
GREENWAY RD.
ACOMA DR.
WADDEL RD.
LITCHFIELD RD.
DYSART RD.
EL MIRAGE RD.
THOMPSON
RANCH RD.
60
PROJECT
AREA
THUNDERBIRD RD.
GRAND AVE.
LANDSCAPE CALCULATION
REQUIRED - (1) Tree per 30 L.F. of Street Frontage -14
PROVIDED - 14 Trees, 71 Shrubs
REQUIRED - (1) Tree per 400 S.F. of Landscape Area -25
PROVIDED - 25 Trees, 172 Shrubs
LANDSCAPE AREA - 10,102 S.F.
REQUIRED - (1) Tree per 5 Parking Spaces -7
PROVIDED - 3 Trees
Net Site Area - 28,887 S.F., R.O.W. - 1,965 S.F.
Required Landscape Area - 10%, Provided 35%
REQUIRED - (3) Shrubs per 20 L.F. of Street Frontage -61
REQUIRED - (1) Shrub per 100 S.F. of Landscape Area) -101
Street Frontage - 404 L.F.
May 28, 2024
Evan Lenneberg
75 SE Yamhill Street, Suite 202
Portland, OR 97214
Re: Title Number: 5193492-F-AZ-CP-CR
Buyer:
TMAC IV, LLC
Seller:
D.R. Horton, Inc.-Dietz Crane
Premises:
123XX NW Grand Avenue, El Mirage, AZ 85335
County: Maricopa
Dear Sir/Madam:
With reference to the above captioned matter, enclosed herewith please find our Title Commitment.
If you have any questions regarding same, please contact our office.
We look forward to working with you on this transaction.
Thank you.
Transaction Contacts:
Allen Brown / abrown@kvnational.com
Title: 5193492-F-AZ-CP-CR
Date: May 28, 2024
Name of individual or business: TMAC IV, LLC
County: Maricopa
BANKRUPTCY SEARCH
A Search of the records of the United States Bankruptcy Court has been made with the following results:
There are no record of a bankruptcy search filing for the above-mentioned individual, corporation or
business. The following office(s) have been checked.
The following information is on file
KENSINGTON VANGUARD NATIONAL TITLE DOES HEREBY CERTIFY THAT THE ABOVE GOVERNMENTAL
AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE
ABSTRACT OF THE INFORMATION CONTAINED HEREIN, AND NO LIABILITY IS ASSUMED.
Title: 5193492-F-AZ-CP-CR
Date: May 28, 2024
Name of individual or business: D.R. Horton, Inc.-Dietz Crane
County: Maricopa
BANKRUPTCY SEARCH
A Search of the records of the United States Bankruptcy Court has been made with the following results:
There are no record of a bankruptcy search filing for the above-mentioned individual, corporation or
business. The following office(s) have been checked.
The following information is on file
KENSINGTON VANGUARD NATIONAL TITLE DOES HEREBY CERTIFY THAT THE ABOVE GOVERNMENTAL
AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE
ABSTRACT OF THE INFORMATION CONTAINED HEREIN, AND NO LIABILITY IS ASSUMED.
UNITED STATES PATRIOT ACT NAME SEARCH
Title: 5193492-F-AZ-CP-CR
TMAC IV, LLC
THE ABOVE INDIVIDUAL OR CORPORATION NAME DOES NOT APPEAR ON THE OFFICE OF
FOREIGN ASSETS CONTROL (OFAC) May 28, 2024.
THE SPECIAL DESIGNATED NATIONALS (SDN) LIST IS FREQUENTLY UPDATED. THERE IS NO
PREDETERMINED TIME TABLE, BUT RATHER NAMES ARE ADDED AND REMOVED AS
NECESSARY AND APPROPRIATE.
ALL UNITED STATES PERSONS MUST COMPLY WITH THE OFFICE OF FOREIGN ASSETS
CONTROL (OFAC) REGULATIONS, INCLUDING ALL U.S. CITIZENS, PERMANENT RESIDENT
ALIENS, ALL U.S. INCORPORATED ENTITIES AND THEIR FOREIGN BRANCHES REGARDLESS
OF WHERE THEY ARE LOCATED.
KENSINGTON VANGUARD NATIONAL TITLE DOES HEREBY CERTIFY THAT THE ABOVE GOVERNMENTAL AGENCIES
WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE
INFORMATION CONTAINED HEREIN, AND NO LIABILITY IS ASSUMED.
UNITED STATES PATRIOT ACT NAME SEARCH
Title: 5193492-F-AZ-CP-CR
D.R. Horton, Inc.-Dietz Crane
THE ABOVE INDIVIDUAL OR CORPORATION NAME DOES NOT APPEAR ON THE OFFICE OF
FOREIGN ASSETS CONTROL (OFAC) May 28, 2024.
THE SPECIAL DESIGNATED NATIONALS (SDN) LIST IS FREQUENTLY UPDATED. THERE IS NO
PREDETERMINED TIME TABLE, BUT RATHER NAMES ARE ADDED AND REMOVED AS
NECESSARY AND APPROPRIATE.
ALL UNITED STATES PERSONS MUST COMPLY WITH THE OFFICE OF FOREIGN ASSETS
CONTROL (OFAC) REGULATIONS, INCLUDING ALL U.S. CITIZENS, PERMANENT RESIDENT
ALIENS, ALL U.S. INCORPORATED ENTITIES AND THEIR FOREIGN BRANCHES REGARDLESS
OF WHERE THEY ARE LOCATED.
KENSINGTON VANGUARD NATIONAL TITLE DOES HEREBY CERTIFY THAT THE ABOVE GOVERNMENTAL AGENCIES
WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE
INFORMATION CONTAINED HEREIN, AND NO LIABILITY IS ASSUMED.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
5193492-F-AZ-CP-CR
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5193492-F-AZ-CP-CR
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR
THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,
INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment
Conditions, First American Title Insurance Company, a Nebraska corporation (the "Company"), commits to issue
the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the
Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has
entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the
Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 Days after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1.
DEFINITIONS
a.
"Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
b.
"Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the
Public Records.
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5193492-F-AZ-CP-CR
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
5193492-F-AZ-CP-CR
c.
"Land": The land described in Item 5 of Schedule A and improvements located on that land that by State
law constitute real property. The term "Land" does not include any property beyond that described in
Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley,
lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access
to and from the Land is to be insured by the Policy.
d.
"Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security
instrument, including one evidenced by electronic means authorized by law.
e.
"Policy": Each contract of title insurance, in a form adopted by the American Land Title Association,
issued or to be issued by the Company pursuant to this Commitment.
f.
"Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount
of Insurance of each Policy to be issued pursuant to this Commitment.
g.
"Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be
issued pursuant to this Commitment.
h.
"Public Records": The recording or filing system established under State statutes in effect at the
Commitment Date under which a document must be recorded or filed to impart constructive notice of
matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does
not include any other recording or filing system, including any pertaining to environmental remediation or
protection, planning, permitting, zoning, licensing, building, health, public safety, or national security
matters.
i.
"State": The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, and Guam.
j.
"Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2.
If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the
Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end.
3.
The Company's liability and obligation is limited by and this Commitment is not valid without:
a.
the Notice;
b.
the Commitment to Issue Policy;
c.
the Commitment Conditions;
d.
Schedule A;
e.
Schedule B, Part I-Requirements; and
f.
Schedule B, Part II-Exceptions; and
g.
a counter-signature by the Company or its issuing agent that may be in electronic form.
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5193492-F-AZ-CP-CR
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
5193492-F-AZ-CP-CR
4.
COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a
defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the
Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not
liable for any other amendment to this Commitment.
5.
LIMITATIONS OF LIABILITY
a.
The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual
expense incurred in the interval between the Company's delivery to the Proposed Insured of the
Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good
faith reliance to:
i.
comply with the Schedule B, Part I-Requirements;
ii.
eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or
iii.
acquire the Title or create the Mortgage covered by this Commitment.
b.
The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
c.
The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first
delivered to the Proposed Insured.
d.
The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in
good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e.
The Company is not liable for the content of the Transaction Identification Data, if any.
f.
The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule
B, Part I-Requirements have been met to the satisfaction of the Company.
g.
The Company's liability is further limited by the terms and provisions of the Policy to be issued to the
Proposed Insured.
6.
LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND
CHOICE OF FORUM
a.
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b.
Any claim must be based in contract under the State law of the State where the Land is located and is
restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by
the Proposed Insured against the Company must be filed only in a State or federal court having
jurisdiction.
c.
This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect
to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the
subject matter of this Commitment.
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5193492-F-AZ-CP-CR
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
5193492-F-AZ-CP-CR
d.
The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e.
Any amendment or endorsement to this Commitment must be in writing.
f.
When the Policy is issued, all liability and obligation under this Commitment will end and the Company's
only liability will be under the Policy.
7.
IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments
and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other
purpose.
8.
PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage
that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the
pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9.
CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the
Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment
Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY
SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF
A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING
TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS
OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL
CONTAIN A CLASS ACTION CONDITION.
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is
$2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the
exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
Schedule A
5193492-F-AZ-CP-CR
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5193492-F-AZ-CP-CR
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment
Condition 5.e.:
Issuing Agent:
Kensington Vanguard National Title
Issuing Office:
2415 E Camelback Rd, Suite 450, Phoenix, AZ 85016
Issuing Office's ALTA® Registry ID:
NA
Loan ID No.:
Commitment No.:
5193492-F-AZ-CP-CR
Issuing Office File No.: 5193492-F-AZ-CP-CR
Property Address:
123XX NW Grand Avenue, El Mirage, AZ 85335
SCHEDULE A
1. Commitment Date: May 14, 2024 at 08:00 AM
2. Policy to be issued:
a.
ALTA Owner's Policy (07/01/21)
Proposed Insured:
TMAC IV, LLC
Proposed Amount of Insurance:
$500,000.00
The estate or interest to be insured:
Fee Simple
3. The estate or interest in the Land at the Commitment Date is: Fee Simple.
4.
The Title is, at the Commitment Date, vested in:
D.R. Horton, Inc.-Dietz-Crane, a Delaware corporation 2001-0642155
5. The Land is described as follows:
SEE SCHEDULE C ATTACHED HERETO
SCHEDULE A
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
Schedule A
5193492-F-AZ-CP-CR
Kensington Vanguard National Title
By:
Authorized Signatory
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (07-01-2021)
Schedule BI
5193492-F-AZ-CP-CR
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5193492-F-AZ-CP-CR
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1.
The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
2.
Pay the agreed amount for the estate or interest to be insured.
3.
Pay the premiums, fees, and charges for the Policy to the Company.
4.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
a.
Warranty Deed from D.R. Horton, Inc.-Dietz Crane to TMAC IV, LLC.
5.
Furnish Plat of Survey of the subject property by a Registered Land Surveyor in accordance with the
"Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys" which became effective
February 23, 2021. Said Plat of survey shall include the required certification and, at a minimum, also
have shown thereon Items 1, 8, 11, 16, 17, and 18 from Table A thereof. If zoning assurances are
requested, Items 7(a), 7(b), 7(c) and 9 from Table A and information regarding the usage of the property
must be included.
6.
Furnish copies of any existing leases affecting the within described property and insertion of said leases in
Schedule B of the Policy of Title Insurance.
7.
Furnish a certified copy of a resolution by the Board of Directors of D.R. Horton, Inc.-Dietz-Crane, a
Delaware corporation, attested to by its secretary, authorizing this transaction and naming the officers
authorized to execute the instruments necessary to complete this transaction.
8.
Furnish a copy of the Articles of Organization, stamped "filed" by the Arizona Corporation Commission; a
fully executed copy of the Operating Agreement, and any amendments thereto; and a list of the current
members of TMAC IV, LLC, a limited liability company.
9.
Approval by all parties to this transaction of the description used herein.
SCHEDULE B, PART I
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BI
5193492-F-AZ-CP-CR
10.
Such further requirements as may be necessary after completion of the above.
11.
NOTE: According to the Public Records, the following matters constitute the chain of title for the 24 month
period preceding the Commitment Date hereof
OR
the last recorded instrument vesting title to the Land:
A document recorded July 18, 2001 as 2001-0642155 of Official Records
From: EL Mirage 338 L.L.C., an Arizona limited liability company
To: D.R. Horton, Inc.-Dietz-Crane, a Delaware corporation
TAX NOTE:
All of 2023 taxes are paid in full. Taxes are assessed in the total amount of $2,442.18 for the year
2023 under Assessor's Parcel No.501-33-009Z.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BII
5193492-F-AZ-CP-CR
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5193492-F-AZ-CP-CR
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law.
This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule
B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or
recirculated. Only the remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the
Company:
1.
Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I-Requirements are met.
2.
a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
3.
Any facts, rights, interests, or claims that are not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession thereof.
4.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
5.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the Public Records.
6.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c)
are shown by the Public Records.
7.
Any lien or right to a lien for services, labor or material not shown by the Public Records.
SCHEDULE B, PART II
(Continued)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -
Requirements; and Schedule B, Part II - Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic
form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BII
5193492-F-AZ-CP-CR
8.
Taxes for the full year of 2024.
(The first half is due October 1, 2024 and is delinquent November 1, 2024. The second half is due March
1, 2025 and is delinquent May 1, 2025.)
9.
An easement for electric line and incidental purposes in the document recorded as
Docket 4322, Page 53.
10.
The terms and provisions contained in the document entitled "Development Agreement" recorded August
05, 2004 as 2004-0907691 of Official Records.
11.
All matters as set forth in Map showing Electrical District Number Seven, recorded as
Book 48 of Maps, Page 2.
12.
All matters as set forth in Map showing Electrical District Number Seven, recorded as
Book 104 of Maps, Page 41.
13.
All matters as set forth in Notice of City of EL Mirage Redevelopment Plan, recorded as 85-418802 of
Official Records.
14.
All matters as set forth in Declaration of Environmental use Restriction for Real Properties Remediating
contaminated soil to Nonresidential uses without the use of either Institutional control (Other than this
Declaration) or Engineering Control under A.R.S. 49-152, recorded as Instrument No. 2001-0367243 of
Official Records.
15.
The right of the State of Arizona to prohibit, limit and control access to the limited access highway as set
forth in instrument recorded as Instrument No. 2017-0699913 of Official Records.
16.
The right of the State of Arizona to prohibit, limit and control access to the limited access highway as set
forth in instrument recorded as Instrument No. 2018-0144367 of Official Records.
17.
The effect of resolutions adopting State Route Plan for the U.S. Route 60 and any Amendments thereto
for the purpose of controlling access and acquiring lands in advance for rights-of-way, recorded as
Instrument No. 2009-0669117 of Official Records and Re-recorded as Instrument No. 2009-0676290 of
Official Records.
18.
Rights of parties in and to the Billboard sign located on the property along the northweserly line thereof.
19.
The rights of parties in possession by reason of any unrecorded lease or leases or month
to month tenancies affecting any portion of the within described property.
NOTE: This matter will be more fully set forth or deleted upon compliance with the
applicable requirement(s) set forth herein.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule C
5193492-F-AZ-CP-CR
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5193492-F-AZ-CP-CR
SCHEDULE C
The Land is described as follows:
A Portion of Section 11, Township 3 North, Range 1 West of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona, being more fully described as Follows:
For a Point of reference, commencing at the Easterly North Corner of Acoma Drive of Rancho El Mirage Parcel
"B", Book 542 of Maps, Page 20, M.C.R., said corner being a point on a curve and having for its Principal
Elements a Radius of 15.00 Feet and a Central Angle of 96 Degrees 30 Minutes 51 Seconds;
Run Thence Southwesterly along said curve, also Being the West Boundary Line of said Acoma Drive, a Distance
of 25.27 feet to a Point on a Curve, Concave Southeasterly and having For Its Principal Elements a Radius of
840.00 Feet and a Central Angle of 06 Degrees 30 Minutes 51 Seconds;
Run Thence Southwesterly Along said Curve, also Being the Northwest Boundary Line of said Acoma Drive, a
Distance of 95.50 Feet;
Run Thence North 30 Degrees 59 Minutes 00 Seconds West, a Distance of 1399.26 Feet;
Run Thence North 89 Degrees 56 Minutes 48 Seconds East, a Distance of 2699.47 Feet to the Point of Beginning;
Run Thence North 42 Degrees 45 Minutes 23 Seconds East, a Distance of 316.40 Feet;
Run Thence South 47 Degrees 14 Minutes 37 Seconds East Along the Southwesterly Right-of-way Line of Grand
Avenue, also being State Road 60, 70 and 89, a Distance of 341.43 Feet to a Point on a Curve, Concave
Northwesterly and Having for Its Principal Elements a Radius of 700.40 Feet and a Central Angle of 16 Degrees
14 Minutes 02 Seconds;
Run Thence Southwesterly Along Said Curve, A Distance of 198.45 Feet;
Run Thence South 58 Degrees 59 Minutes 26 Seconds West, a Distance of 203.15 Feet;
Run Thence North 31 Degrees 00 Minutes 34 Seconds West, a Distance of 267.37 Feet to the Point of Beginning;
Except any Portion conveyed to State of Arizona, Department of Transportation in Deed recorded January 10,
2018 as 2018-0023808 of Official Records.
Further excepting therefrom the following:
Tract A, Rancho El Mirage Parcel G, according to Book 621 of Maps, Page 13, records of Maricopa County,
Arizona.
OWNER'S AFFIDAVIT AND GAP UNDERTAKING
COMMITMENT NO: 5193492-F-AZ-CP-CR
STATE OF __________________________
COUNTY OF ________________________
BEFORE ME, the undersigned authority, personally appeared
, (the "Affiant"),
of ______________________________, a
(the "Owner"),
who first being duly sworn, deposes and says:
1.
That Affiant is duly authorized to make this affidavit on behalf of the Owner.
2.
That the Owner is the titleholder of that certain real property described in the above-referenced Title Commitment,
commonly known as “___________________________________________________________________ and located at
___________________________________________________________________________________ (the "Property").
3.
That the Owner is entitled to possession of the Property, and there is no other person or entity in possession who
has any right in the Property other than those tenants in possession located on the Property and listed on the rent roll
attached hereto as Exhibit "A".
4.
That the Owner has not entered into any written agreement, nor is the Owner aware of anyone else entering into
any written agreement with any real estate broker, nor is Owner aware of anyone who has provided licensed services that
resulted in the procuring of a person or entity for the purpose of buying, selling, or otherwise conveying or acquiring any
interest in the Property.
5.
That all real estate taxes, special assessments, water and sewer charges and management fees, if any, are fully
paid;
6.
That there are no unrecorded labor, mechanics', or materialmen's liens against the Property, and no material has
been furnished to or labor performed upon the Property except such that have been paid for in full.
7.
That there are no unrecorded options or contracts to purchase, contracts for deed or mortgage commitments,
sales agreements, participation agreements, mortgages, or unrecorded deeds, easements or rights-of-way for users or
adverse interest with respect to the Property.
8.
That there are no unrecorded existing tenancies, leases or other occupancies affecting the Property, except as
shown in Exhibit "A" attached hereto, and that such unrecorded tenancies, leases or other occupancies, if any, contain no
options to purchase the Property or rights of first refusal.
9.
That there is no action or proceeding, including but not limited to bankruptcy, which is now pending against Owner
in any State or Federal Court, nor is there any attachment, judgment or other encumbrance which may now constitute a
lien upon the Property, nor are there any claims or pending claims against Owner which may be satisfied through a lien or
attachment against the Property.
10. That the owner has received no written notice (except as may have been disclosed in the public records of the
applicable jurisdiction) of an officially proposed or pending special assessment or a pending taking of any portion of the
Property by any governmental body; and to the undersigned's knowledge, there has been no work done on the Property,
nor notice received that work is to be done on the Property by the municipality (county, city, borough or township), or at its
direction, including but not limited to the installation of water or sewer lines or of other utilities, or for improvements such as
paving or repaving of streets or alleys, or the installation of curbs and sidewalks.
11. That the Owner has not made or caused to be made any structural improvements or structural additions to
existing improvements on the Property since__________ , the date of Survey made by________, Job No.______, each of
which survey is an accurate and complete representation of Tracts I and II, respectively, of the Property and all
improvements and number of parking spaces located thereon as of the date hereof.
12. That Owner has received any and all partnership consents and/or corporate resolutions necessary in order to
authorize the conveyance and/or mortgage of the Property. Should First American Title Insurance Company request a
copy of the consents and/or resolutions, Owner shall furnish copies within a reasonable time period.
13. That Owner is not a foreign Person, nor is Owner a “Disregarded Transferor,” but rather is a "United States
person" within the meaning of Section 7701(a)(30) of the Internal Revenue Code of 1986, as amended (the "Code"), and
that Owner's true and correct United States taxpayer identification number (or Social Security number) is set forth below
opposite the signature of Owner. Owner is making the statements set forth herein for the purpose of releasing the
Purchaser and/or Settlement Agent from any withholding obligation which might otherwise be imposed under Section
1445(a) of the Code.
THIS AFFIDAVIT is made for the purpose of inducing Kensington Vanguard National Title and First American Title
Insurance Company to issue a title insurance policy or other title evidence, and if acting as escrow or closing agent, then to
disburse any funds held as escrow or closing agent. Affiant hereby indemnifies and agrees to save harmless Kensington
Vanguard National Title and First American Title Insurance Company against any damages or expense, including attorney
fees, sustained as a result of any of the foregoing matters not being true and accurate and further indemnifies Kensington
Vanguard National Title and First American Title Insurance Company as to defects, liens, encumbrances, adverse claims
or other matters, if any, created, first appearing on the public records or attaching subsequent to the effective date of the
above-referenced Commitment but prior to the effective date of such title insurance policy or policies or other title
evidence.
Nothing in this Affidavit shall affect in any way title insurance coverage heretofore provided to Owner by Kensington
Vanguard National Title and
First American Title Insurance Company or its affiliates, or their respective
predecessors-in-interest, with respect to the Property.
I understand, acknowledge, and authorize that the Title Agency may place the funds associated with this transaction in
interest-bearing accounts that may provide a financial benefit, including fees, interest, or credits, to the Title Agency,
unless otherwise restricted or prohibited by law.
Dated as of this ______ day of _________________________, 2024.
US Taxpayer ID No.:
By:
Title:
Subscribed and sworn to before me this ______day of ______, _______.
By _______________________________________________________
________________________________
Notary Public
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information
particularly any personal or financial information. We agree that you have a right to know how we will
utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to
govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. We have also adopted broader guidelines
that govern our use of personal information regardless of its source.
Types of Information Depending upon which of our services you are utilizing, the types of nonpublic
personal information that we may collect include:
• Information we receive from you on applications, forms or in other communications to us,
whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliate companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer
relationship has ceased. Such information may be used for any internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed
above to one or more of our affiliated companies. Furthermore, we may also provide all the information we
collect, as described above, to companies that perform marketing services on our behalf, on behalf of our
affiliate companies, or to other financial institutions with whom we or our affiliate companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information.
We restrict access to nonpublic personal information about you to those individuals and entities who need
to know that information to provide products or services to you. We will use our best efforts to train and
oversee our employees and agents to ensure that your information will be handled responsibly and in
accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.