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Maricopa County Department of Transportation
Dedication Purchase Agreement and Escrow Instructions
Title Company First American Title Insurance Company
Date December 14, 2023
Address 4370 La Jolla Village Drive Suite 660
Phone | 858-352-2073
City, State, Zip _| San Diego, CA 92122
Fax
Escrow Officer _| Amy Boyd
Email aboyd@firstam.com
Escrow No. NCS-FA885AZ2-NRG
Grantor: Kawela One, LLC, an Arizona limited liability company Phone:
Contact: Bradley J Boland Cell: 703-926-6189
Mailing 23324 Potts Mill Road bradleyboland@gmail.co
Address: Email: m
City, State, Zip Middleburg, VI 20117 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
deposit with the Title Company if escrowed, the purchase price
plus all lawful costs incidental to closing as follows:
Sub- | Charges and Disbursements to be paid from Grantor's finds as
Object | follows (check all that apply):
Code
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
KI 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.U.A. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated
regardless of the closing date.
(1 Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
[1_ Other Disbursements: |
Sub Total 0.00
Land * $0.00
Right of Way Agreement Yes NoO]
Entry Agreement Yes] | No
Total Closing Costs*** 0.00 Addendum attached hereto and made a Yes [J | No
Total Purchase Price $0.00 part hereof ‘
TOTAL WARRANT** $0.00
*Escrow and title policy fees based on this amount only.
**Sum of "Total Purchase Price" only.
*** All Closing Costs to be paid by Seller.
Project: Kewela One, LLC PCN: | TT0008
Assessor Parcel No.: 506-29-023C Item No | DD10920/D24980
Right of Way Agent: Michelle Moy Telephone # | (602)506-8684
Page 1 of 5
The GRANTOR(S), 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(s) 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 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 Grantor(s) 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(s) 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 MARICOPA COUNTY is acquiring only a portion of Grantor’s property, then Grantor(s) 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. 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 cancelation pursuant to A.R.S. § 38-511.
GRANTOR(S): Kawela One, LLC, an Arizona RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
limited liability company
‘DocuSigned'by: * MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
J Boland OF TRANSPORTATION SUPERVISORS
DocuSigned'by:
Bradley J. Boland Juninifer Kodviuny
Its: Manager 5 y Supérvisor
g)
1/16/2024 1/17/2024
Date
By:
-Chairman of the Board
Date:
' ATTEST:
Approved as to form within the
powers and authority of the Board of Clerk of the Board of Supervisors
Supers eBlanea by:
We yi Puck Date
Deputy County Attorney
1/17/2024
Date
Page 2 of 5
RIGHT OF WAY AGREEMENT
Assessor Parcel No.: 506-29-023C
Project No.: TT0008
Project Name: Kawela One LLC
Item No.: DD10920/24980 (MM)
WHEREAS in consideration hereinafter set forth, it is agreed, that this instrument contains the entire
agreement between the Grantor(s) and the Grantee. No further consideration is being paid than described
in this contract.
THE GRANTORS AGREES:
A.
To grant a Warranty. Deed for the real property described in Exhibit "A" 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.
. Tobe responsible for maintenance of the dedicated right of way until such time ifand when a roadway
is built, to minimum county standards, and the roadway is open and declared into the Maricopa
County Transportation System.
In no event shall any use of the real property described in Exhibit "A" interfere with the rights and
benefits of the Grantee under that certain Grant of Easement dated February 7, 2022 and recorded as
instrument no. 20230084822, official records of Maricopa County, Arizona, which rights and benefits
shall remain superior to those of Grantee and the public.
THE GRANTEE AGREES:
. To use the real property described in Exhibit "A" 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 Grantor’s 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 development/redevelopment of the property.
Page 3 of 5
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH,
RANGE 8 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6 FROM WHICH
THE EAST QUARTER OF SAID SECTION 6 BEARS SOUTH 00°51'37" WEST, A
DISTANCE OF 2639.55 FEET;
THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION
6, SOUTH 00°51'37" WEST, A DISTANCE OF 55.00 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 00°51'37" WEST, A
DISTANCE OF 2559.55 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 89°24'1 1" WEST, A DISTANCE OF 40.00
FEET;
THENCE NORTH 00°51'37" EAST, A DISTANCE OF 2559.57 FEET;
THENCE SOUTH 89°22'56" EAST, A DISTANCE OF 40.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING. 102,382 SQUARE FEET OR 2.350 ACRES, MORE OR LESS.
CHAD W. HUBER
RLS 35316
7740 N. 16TH-STREET, SUITE 300 Ki | ») H
PHOENIX, ARIZONA 85020 a) miley: » orn.
PH. 602-837-5511. 7HgN iE ya a)
chad.huber@kimley-horn.com Page4of5.| SS | = out at, | Suis] Stasi
EXHIBIT B “a
55' ROAD ESMT won
95' WATER ESMT
N 1/4 COR. DKT.3665, DOC. 2023-0084822, MCR NE. COR.
SEC. 6, PG.193, MCR SEC. 6,
TIN, R8W TIN, R8W
COURTHOUSE ROAD ele
($89°22'56"E 2641.04"
40' IRRIGATION ESMT 65' ROAD DECLARED
| DOC. 86-462596, MCR DKT.3124, PG.573, MCR
|
L4 = $89°22'56"E
DOC. 95-0464234, MCR
40' PROPOSED R.O.W.->}{ =
33' ROAD ESMT——»
DKT.12154, PG.913, MCR
_! KAWELA ONE, LLC 19
9 | APN: 506-29-023C. WELL SITE ESMT i
g DOC. 2023-0084822, MCR io
o re
g _ Ws w
Wu She >
© otf. <x
LO wo = bE
® SHE @
s LINE TABLE Hos
Zz — 5 Pian @>)
L1 = $00°51'37"W 55.00! sls *
L2 = $00°51'37"W 2559.55' &
L3 = N89°24'11"W_ 40.00' Zz
; 40' WATER ESMT
40.00 DOC. 95-0464234, MCR
DOC. 2023-0084822, MCR
1 WELL SITE ESMT
| 25’ ROADWAY cr DOC. 2023-0084822, MCR \
[ 1/4 COR.
SEC. 6,
T1N, R8W
CHAD W. HUBER
RLS 35316
7740. N. 16TH STREET, SUITE 300
PHOENIX, ARIZONA 85020
PH. 602-837-5511
chad.huber@kimley-horn.com
i ~~ G7
E 1/4 COR.
SEC. 6,
TIN, R8SW
PROPOSED RIGHT OF WAY
_Kimley»Horn
7740 N. 16TH ST, Suite 300 Tel. No. (602) 837-5511
PHOENIX, AZ 85020
Page 5 of 5 ‘Saale | Drawnby | Checkedby | Date | ProjectNo. | Sheetiio
NTS. WH WH 08/23/2023 | 291565005 20F2