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Maricopa County Department of Transportation
Dedication Purchase Agreement and Escrow Instructions
Title Company Fidelity National Title Insurance Company Date January 18, 2024
Address One East Washington Street, Ste 450 Phone (602) 343-7570
City, State, Zip Phoenix, AZ 85004
Escrow Officer Michelle J. Burton Email Michelle.burton@fnf.com
Escrow No. 2Z2349332-001-MB1-MB2
TTRG AZ Phoenix 99 McDowell Dev, LLC, a Delaware limited
liability company, as to Right of Way 1 and TT AZ Phoenix 99TH
McDowell, LLC, a Delaware limited liability company, as to Right of
Grantors: Way 2 Cell: (812) 242-1166
Contact: Timothy E. Fears Email: tfears@thompsonthrift.com
Mailing Address | 901 Wabash Avenue Suite 300,
City, State, Zip: | Terre Haute IN 47803 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
Mailing Address: | Maricopa County Real Estate Department, 2801 W. Durango Street, Phoenix, Arizona 85009
MARICOPA COUNTY shall pay directly to the Grantor(s), or Sub- Charges and Disbursements to be paid from the 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: (Not Code
applicable for Dedication transactions)
Escrow Fees TBD []_ Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees TBD 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 0.00 current year's real property taxes on closings that occur on or
After the 3rd Monday of August each year. Escrow Agent
Recording Fees: shall withhold the prorated amounts from each party and pay
Deed the lien of the current year's taxes in full.
Easement
[x] Partial Acquisition of Grantor's Property: Partial release of
Mortgage Release 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.ULA. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated regardless of the closing date.
LJ _Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges |
{]_Other Disbursements: |
Sub Total 0.00
Land * $0.00
Right of Way Agreement Yes X] | No[]
Entry Agreement Yes] | NoX
Total Closing Costs*** 0.00 Addendum attached hereto and made a Yes] | No
Total Purchase Price $0.00 part hereof
TOTAL WARRANT** $0.00
*Escrow and title policy fees are based on this amount only.
**Sum of "Total Purchase Price" only.
*** All Closing Costs are to be paid by Seller.
Project: Phoenix 99th Avenue and McDowell PCN: | TT0008
Assessor Parcel No.: 102-33-005B (portion of) and 102-33-519 (portion of) Item No | D24893 /DD10919
Right of Way Agent: Alicia Hernandez Telephone # | (602)506-8163
Page 1 of 6
The GRANTORS, having executed a conveyance of certain real property rights to the GRANTEE as described in Exhibit “Al and A2” attached hereto
and made a part hereof, and having delivered same to the above Title Company as Escrow Agent, said agent is directed to deliver said conveyance to
MARICOPA COUNTY, title to said property to be transferred upon execution of the conveyance by the MARICOPA COUNTY BOARD OF
SUPERVISORS.
The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and
other encumbrances as may be authorized for payment, and the balance thereof shall be paid in accordance with the terms herein.
Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this
agreement; prorate all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the balance
of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible for
any liens or encumbrances not of record at the closing of escrow.
The Right of Way Agent or MARICOPA COUNTY - Real Estate Department will be furnished a copy of the Grantors’ closing statement with the
following certification signed by an authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from
MARICOPA COUNTY.”
The Escrow Agent is to request the Grantors acknowledge receipt of the amount shown on the closing statement as due Grantor(s). Either a copy of
this request or a copy of a signed receipt is to be retained in the escrow file.
The property owner will pay the costs of the owner’ s title insurance policy; fees associated with lender releases or loan payoffs, including endorsements,
document preparation, and other expenses related thereto; escrow fees and other charges by the escrow company incidental to the closing of escrow.
In the alternative, Maricopa County may, at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow
Agent and title insurance herein are not applicable.
The property owner/applicant is responsible for all title and escrow cancellation fees if the closing/recording process is not completed.
If this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will be
made direct from the Grantee to the Grantors after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final
filing and recording of the documents.
It is understood and agreed the consideration expressed herein is accepted by the Grantors as full and complete compensation for the interest being
acquired. If the acquisition is a partial acquisition from a larger parcel, the consideration expressed herein is likewise; full and complete compensation
for all injury or damage to the Grantors’ remaining lands by reason of their severance from the part being acquired and the construction of the
improvements in the manner proposed by MARICOPA COUNTY.
If MARICOPA COUNTY is acquiring only a portion of Grantors’ property, then Grantors grant to MARICOPA COUNTY, its agents, employees and
contractors, the right to enter Grantors’ remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction
on adjacent County owned right of way, if required. MARICOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA
COUNTY's occupation of the Grantors’ property caused by MARICOPA COUNTY's negligence, or by the negligent acts or conduct of its agents,
employees, or contractors during the term of MARICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in
accordance with the requirements of ARS 12-821. It is further understood and agreed that this temporary right will expire and terminate thirty (30)
days after completion of the above referenced project.
This Agreement is subject to cancclation pursuant to A.R.S. § 38-511.
GRANTOR: TTRG AZ Phoenix 99% RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
McDowell DEV, LLC, a Delaware limited MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
liability comy as to Right of Way | BRASAORT ATION SUPERVISORS
By: Chairman of the Board
Its:
2/15/2024
Date:_A | 1A | AOAL Date ATTEST:
GRANTOR: TT AZ Phoenix 99TH Approved as to form within the
powers and authority of the Board of
McDowell, LL@;% Delaware lirgited liability Supaci
Clerk of the Board of Supervisors
company, as by:
By: Deputy County Attorney Date
Its:
: 2/15/2024
Date: A | l al ADAY
Date
Page 2 of 6
GROUP
Legal Description
Right of Way Dedication
Job No. 21-1186 August 1, 2023
A portion of the Southwest Quarter of Section 33, Township 2 North, Range 1 East of the Gila and Salt
River Meridian, Maricopa County, Arizona, and more particularly described as follows:
R.O.W. 1
COMMENCING at a stem in a hand hole at the southwest corner of said Section 33, from which a brass
cap in hand hole at the west quarter corner of said Section 33, bears North 0 degrees 25 minutes 36
seconds East, (basis of bearing) 2,642.41 feet;
Thence along the West line of said Southwest Quarter, North 0 degrees 25 minutes 36 seconds East,
719.00 feet to a point hereinafter being referred to as Point “A”;
Thence leaving said West line, South 89 degrees 34 minutes 24 seconds East, 65.00 feet to the POINT OF
BEGINNING;
Thence along the East line of the West 65.00 feet of said Southwest Quarter, North 0 degrees 25
minutes 36 seconds East, 603.86 feet;
Thence North 88 degrees 58 minutes 00 seconds East, 5.00 feet;
Thence along the East line of the West 70.00 feet of said Southwest Quarter, South 0 degrees 25
minutes 36 seconds West, 603.88 feet;
Thence South 89 degrees 12 minutes 00 seconds West, 5.00 feet to the POINT OF BEGINNING.
Together with the following described parcel:
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2021\21-1186\Land Survey\Legals\21-1186 - LD19 - Right of Way Dedication.docx
>roject No.: TT0008 Parcel No.: 102-33-005B and 102-33-519
>roject Name: Phoenix 99th Avenue & McDowell Page 3 of 6 Item No.: D24893/DD1 0919
Exhibit A-1
EPS
GROUP
R.O.W. 2
COMMENCING at the aforementioned Point "A"; thence along the West line of said Southwest Quarter,
North 0 degrees 25 minutes 36 seconds East, 703.26 feet;
Thence leaving said West line, South 89 degrees 34 minutes 24 seconds East, 40.00 feet to the POINT OF
BEGINNING;
Thence along the East line of the West 40.00 feet of said Southwest Quarter, North 0 degrees 25
minutes 36 seconds East, 66.12 feet;
Thence North 89 degrees 56 minutes 53 seconds East, 30.00 feet;
Thence along the East line of the West 700.00 feet of said Southwest Quarter, South 0 degrees 25
minutes 36 seconds West, 65.61 feet;
Thence South 88 degrees 58 minutes 00 seconds West, 30.01 feet to the POINT OF BEGINNING.
Containing an area of 4,995 square feet or 0.1147 acres, more or less.
EPS Group, Inc. # 1130 N Alma School Road, Suite 120 # Mesa, AZ 85201
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2021\21-1186\Land Survey\Legals\21-1186 - LD19 - Right of Way Dedication.docx
Project No.: TT0008 f Parcel No.: 102-33-005B and 102-33-519
Project Name: Phoenix 99th Avenue & McDowell Page 4 of 6 Item No.: D24893/DD10919
Aug 01, 2023 12:02pm S:\Projects\2021\21-—1186\Land Survey\Legals\21-1186 — LD19 — Right of Way Dedication.dwg
Exhibit A-2
WEST QUARTER CORNER
SECTION 33, T.2N., R.1E.
FOUND BRASS CAP IN HAND HOLE
| LINE TABLE
L6
4 4 LINE | BEARING | LENGTH
jo | Li | 89°34'24"E | 65.00"
es 3 5
N L2 | Nes’5s'00"E | 5.00"
| _ l4 | L3. | sgg'2'00’w | 5.00"
PONT OF f 18 ae ;
BEGINNING a L4 | $g9'34'24"E | 40.00
716k
ROW. 2 WEeo 15 | Noo'25'36"E | 66.12"
Lu iW <= Oo
a) QD or faery '
> Osn L6 | ng9'56'53"E | 30.00
Ss me O
x bo L7 | soo'25'3e"w | 65.81”
| =
& L8 | see’ss’00"W | 30.01”
es L 5)
ae 65’
cB | sills
S| at
an. one
~~ oO co.
=|* fa] ig
J! PONT "A" SUS
oO Zilla
sy
| ra
8 PONT OF [}_,
S | G3 BEGINNING
2/— Row 1
POINT OF COMMENCEMENT
SOUTHWEST CORNER
SECTION 33, T.2N., RIE o~
FOUND STEM IN HAND HOLE LON
UI
NTS.
8 i j 7 1130 N, Alma School Rd.
2 Right of Way Dedication * F S Ste, 120 Mesa, AY 85201
7 7:480.503.2250 | F:480.503.2258
N [ EXHIBIT | G R 0 U P www.epsgroupinc.com
\ O,
Project No.: TT0008 | Page 5 of 6 Parcel No.: 102-33-005B and 102-33-519
Project Name: Phoenix 99th Avenue & McDowell Item No.: D24893/DD10919
RIGHT OF WAY AGREEMENT
Project No.: TT0008
Project Name: Phoenix 99" Avenue & McDowell
Item No.: D24893 / DD10919 (AH)
Assessor Parcel No.: 102-33-005B (portion of)
and 102-33-519 (portion of)
WHEREAS in consideration hereinafter set forth, it is agreed, that this instrument contains the entire
agreement between the Grantors and the Grantee. No further consideration is being paid than described in
this contract.
THE GRANTORS AGREE:
A.
To grant a Warranty Deed for the real property described and depicted in Exhibit "A-1 and A-2” to
the County of Maricopa for the general welfare and benefit of the public.
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.
To be responsible for maintenance of the dedicated right of way until such time if and when a roadway
is built, to minimum county standards, and the roadway is open and declared into the Maricopa
County Transportation System.
THE GRANTEE AGREES:
. To use the real property described and depicted in Exhibit A-1 and A-2 for the general welfare and
benefit of the public.
That, if in the opinion of the Transportation Director, it becomes necessary, private structures will be
relocated in kind to the Grantors’ property, clear of the property described herein, at no expense to
the County.
With respect to the development/redevelopment of the property prior to any roadway construction,
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 the developnient/redevelopment of the
property.
Page 6 of 6