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MARICOPA
COUNTY
Maricopa County Department of Transportation
Purchase Agreement and Escrow Instructions
Title Company __| Pioneer Title Agency, Inc. Date 4/21/23
Address 1550 E. Missouri Ave. Phone | 602-328-8882
City Phoenix, AZ 85014 Fax 855-487-3551
Escrow Officer _| Jennifer Siverio Email _| Jennifer.siverio@ptaaz.com
Escrow No. 72501068-025-JS1
James R. Gomez and Trina M. Gomez, husband and wife, as
Grantor: community property with right of survivorship Phone: | 480.220.6756
Contact JR Gomez Cell:
Mailing 21918 S 156th Street
Address: Email hawkeye21918@gmail.com
City, State Zip Gilbert, AZ 85298 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 Sub- Charges and Disbursements to be paid from 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: 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.
Title Report Pay in full all due and delinquent real property taxes and
Title Report Credit general and special improvement assessments. Prorate the
Total Escrow & Title Fees TBD 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
Release & Reconveyance the lien of the current year's taxes in full.
Release of Lease | |
KX] Partial Acquisition of Grantor's Property: Partial release of all
monetary liens and encumbrances, and leases of any kind.
At the discretion of Maricopa County, pay due and delinquent
Total Recording Fees TBD 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)
Consent Fees of Purchase. The current year's taxes shall not be prorated
S.R.V.W.U.A, regardless of the closing date.
Taxes -Prorated | |
(]_Easement(s): Consent to easement(s) by secured party(ies).
Total Other Charges TBD
[] Other Disbursements: |
Sub Total TBD i
Land* $53,204.00 11 Close of escrow:
Improvements* $ 1,515.00 10 Special Conditions Right of Way Contract Yes No L]
TCE $ 2,827.00 12 Exhibit "B"
Cost to Cure $500.00 10 Entry Agreement Yes LJ No Xl
Administrative Settlement $31,954.00 10 Addendum attached hereto and made a Yes [] No XK]
Total Compensation $90,000.00 part hereof
Total Escrow & Title Costs TBD 14
Total Purchase Price $90,000.00
TOTAL WARRANT** TBD
*Escrow and title policy fees based on this amount only.
**Sum of "Total Closing Costs" and "Total Purchase Price" only.
Project: Ocotillo Road (148th St to Greenfield) PCN: | TR221
Assessor Parcel No.: 304-71-104B Item No | D24608 (WJ)
Right of Way Agent: John Huntley, Tierra Right of Way Services Telephone # | 602-758-4747
Page 1 of 10
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.
This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.
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: James R. Gomez and Trina M.
Gomez, husband and wife, as community RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
property with right of survivorship
MARICOPA COUNTY REAL ESTATE
<a DEPARTMENT MARICOPA COUNTY BOARD OF
a! . SUPERVISORS
Jame<&-Gomez (signature) (_ Porestomedty:
Date_OS-23- 23 Patnck Meyta.
Nee AEB EREESESSBAD: ;
Right of Way Supervisor Chairman of the Board
| ew YO ATTEST:
Trina M. Gomez (Signature) Date
Date S$ ~23-23
Approved as to form within the
Roxbsa aan ofthe Board. of Clerk of the Board of Supervisors
Wane. Peck 5/26/2023
\_coss3DODE44C4E5.
Deputy County Attorney _ Date Date
Page 2 of 10
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No: 304-71-104B
Project No.: TR221
Project Name: Ocotillo Road
Project Termini: 148" Street to Greenfield Road
Item No.: D24608 (WJ)
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 agreement.
THE COUNTY OF MARICOPA AGREES:
A. To use the real property described herein for the general welfare and benefit of the public.
B. To pay the Grantors the sum of Fifty-Three Thousand Two-Hundred Four and No/100 Dollars ($53,204.00)
as payment in full for the real property described herein.
C. To pay the Grantors the sum of Fifteen-Hundred Fifteen and No/100 Dollars ($1,515.00) as payment in full for
the improvements located on the property described herein and broken out as follows:
Pipe & Wire Mesh Fence* (36 LF X $5.00* Per LF) $ 180.00
Grass (1,620 SF X $0.50 Per SF) $ 810.00
Grass (1,050 SF X $0.50 Per SF) $ 525.00
*50% of $10.00 per LF for shared fence
Total Site Improvements =$1,515.00
D. To pay the Grantors the sum of Five-Hundred and No/100 Dollars ($500.00) as payment in full for the re-
establishment of depreciated improvements located on the property described herein and broken out as follows:
Replace Water Spigot $ 500.00
Total Cost to Cure =$ 500.00
E. To pay the Grantors the sum of Two Thousand Eight Hundred Twenty-Seven and No/100 Dollars ($2,827.00)
as payment in full for the Temporary Construction Easement on the property described herein.
F. 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.
G. With respect to the development/redevelopment of the property prior to construction of project TR221, Grantor
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.
H. As designed, the Project will include approximately 158 +/- Lineal feet of concrete wall along the Ocotillo Road
frontage at the new right of way alignment. The Owner may decline such wall along its property frontage. In the
event the Owner desires a wall/fence, the Town of Gilbert will relocate or replace in kind the owners existing
wall/fence or is offering three types of walls and will install the wall of the Owner’s choosing. In the event the
Property has existing connection to Ocotillo Road, the Town of Gilbert is offering three choices of gate types and
will install the gate of the Owner’s choosing. The choices of the Owner will be included in the construction
drawings.
Page 3 of 10
THE GRANTORS AGREE:
1.
2.
3.
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.
To accept the sum of Fifty-Three Thousand Two-Hundred Four and No/100 Dollars ($53,204.00) as payment
in full for the property described herein.
To accept the sum of the sum of Fifteen-Hundred Fifteen and No/100 Dollars ($1,515.00) as payment in full
for the improvements located on the property described herein and broken out as follows:
Pipe & Wire Mesh Fence* (36 LF X $5.00* Per LF) $ 180.00
Grass (1,620 SF X $0.50 Per SF) $ 810.00
Grass (1,050 SF X $0.50 Per SF) $ 525.00
*50% of $10.00 per LF for shared fence
Total Site Improvements =$1,515.00
To accept the sum of Five-Hundred and No/100 Dollars ($500.00) as payment in full for the re-establishment of
depreciated improvements located on the property described herein and broken out as follows:
Replace Water Spigot $ 500.00
Total Cost to Cure =$ 500.00
To accept the sum of Two Thousand Eight Hundred Twenty-Seven and No/100 Dollars ($2,827.00) as
payment in full for the Temporary Construction Easement on 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 Grantor except as may
be herein otherwise agreed "F” above.
Remainder of this page intentionally left blank.
Page 4 of 10
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-71-704B
RIGHT-OF-WAY ACQUISITION
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2018-0235568, BEING A PORTION OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT AN ALUMINUM CAP FLUSH AT THE SOUTH QURTER CORNER OF SAID SECTION 16, FROM WHICH A BRASS CAP
FLUSH AT THE CENTER QUARTER CORNER OF SAID SECTION 16, BEARS NORTH 00 DEGREES 05 MINUTES 31 SECONDS EAST,
(BASIS OF BEARINGS) 2,671.95 FEET:
THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 350.73
FEET;
THENCE NORTH 1 DEGREES 13 MINUTES 10 SECONDS WEST, 33.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL, SAID
CORNER BEING THE POINT OF BEGINNING;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 158.35 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL;
THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 0 DEGREES 07 MINUTES 38 SECONDS EAST, 32.01 FEET;
THENCE ALONG NORTH LINE OF THE SOUTH 65.00 FEET OF SAID SOUTHWEST QUARTER, NORTH 88 DEGREES 46 MINUTES 50
SECONDS EAST, 158.35 FEET;
THENCE ALONG THE EAST LINE OF SAID PARCEL, SOUTH 0 DEGREES 07 MINUTES 50 SECONDS WEST, 32.01 FEET TO THE POINT
OF BEGINNING.
CONTAINING AN AREA OF 5,067 SQUARE FEET OR 0.1163 ACRES, MORE OR LESS.
SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS.
RIGHT-OF-WAY ACQUISITION
EPS Project #: 20-1407 °¢ 7 ps
Town of Gilbert Project No.: ST-0990
a eet GROUP
Section: 16 Township: 25 Range: BE 1130 N, Alma School Road, Suite 120
Date: 08/08/22 Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
Page 4 of 3 www.epsgroupinc.com
Page 5 of 10
oy LEGAL DESCRIPTION FOR
Soom CCOTILLO ROAD IMPROVEMENTS CENTER 1/4 CORNER
UD APN: 04-71-1048 SECTION 16, 128, RBE 9
NOTTOSCAE RIGHT-OF-WAY ACQUISITION FOUNDBCFL |
5
GOMEZ JAMES RITRINA M rf
DOCUMENT 2018-0235868, M.C.. ar
aE
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a { =
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a = ~ Se8°46'S0°W 158.35" - OCOTILLO ROAD S
= =" 2,320.55 oe 350.73 __ A
Vo gg a6 2.671.285 -
SERETMIEST CORRE SOUTH 14 CORNER _/
potent SECTION 16, 128, R6E
FOUND ACFL
LEGEND
(A) 20’ PROPERTY RIGHT. P.O.B, POINT OF BEGINNING LINE TABLE
DOCNEY (258 PAGES BECLH P.0,C, POINT OF COMMENCEMENT
, — APN ASSESSORS PARCEL NUMBER LINE | BEARING | LENGTH
ACFL ALUMINUM CAP FLUSH
Ciera these cr, MGR. MARICOPACOUNTY RECORDER | Lt | nomistow | 3300
mM RW RIGHT-OF-WAY —
NOW, NEW RIGHT-OF-WAY L2 | Noo°orss"e | 32,01
L3 | sooorsow | 3201
(RWCD) PROPERTY RIGHT = 3,167 SQ. FT, 0.0727 AC,
PROPOSED RIGHT-OFsWNAY = 5.067 SQ, FT, 0.1163 AC.
THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH
THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY.
RIGHT-OF-WAY ACQUISITION
EPS Project #: 20-1407 <
Town of Gilbert Project No.: ST-0990
— GROUP
Section: 16 Township: 2 Range: 6 E
Date: 08/08/22
Page 2 of 3
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
|
Page 6 of 10
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-71-1048
RIGHT-OF-WAY ACQUISITION
North: 818002.2274' East: 751603.9490°
Segment #1 : Line
Course: S88°46'50°W Length: 188.35°
North: 817998.8514' East: 751445.6349°
Segment #2 : Line
Course: NO0“07'38"E — Length: 32.01"
North: 818030.8643' East: 751445,7060'
Segment #3 : Line
Course: N88°46'50°E — Length: 158,35"
North: 818034.2313' East: 751604,0201'
Segment #4 : Line
Course: S00°07'S0"W Length: 32.01
North: 818002.2214' East: 751603.9472'
Perimeter: 380.72’ Area: 5067 Sq. Ft.
Error Closure: 0,0019 Course: N89°52'16°W
ErrorNorth: 0,00000 East: =0.00186
Precision 1: 200378.95
RIGHT-OF-WAY ACQUISITION
EPS Project #: 20-1407 G Fo G
Town of Gilbert Project No.: $T-0990
On TR TOWNGTED: Co. NaNge: Oe 1130 N, Alma School Road, Suite 120
Date: 08/08/22 Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
Page 3 of 3 www.epsgroupinc.com
~ r
Page 7 of 10
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-71-104B
TEMPORARY CONSTRUCTION EASEMENT
A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 20180235568, BEING A PORTION OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT AN ALUMINUM CAP FLUSH AT THE SOUTH QURTER CORNER OF SAID SECTION 16, FROM WHICH A BRASS CAP
FLUSH AT THE CENTER QUARTER CORNER OF SAID SECTION 16, BEARS NORTH 00 DEGREES 05 MINUTES 31 SECONDS EAST,
(BASIS OF BEARINGS) 2,671.95 FEET.
THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 349.98
FEET;
THENCE NORTH 1 DEGREES 13 MINUTES 10 SECONDS WEST, 66.00 FEET TO THE POINT OF BEGINNING;
THENCE ALONG NORTH LINE OF THE SOUTH 65.00 FEET OF SAID SOUTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50
SECONDS WEST, 158.35 FEET:
THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 0 DEGREES 07 MINUTES 38 SECONDS EAST, 17.00 FEET:
THENCE ALONG THE NORTH LINE OF THE SOUTH 82.00 FEET OF SAID SOUTHWEST QUARTER, NORTH 88 DEGREES 46 MINUTES 50
SECONDS EAST, 158.35 FEET;
THENCE ALONG THE EAST LINE OF SAID PARCEL, SOUTH 0 DEGREES 07 MINUTES 50 SECONDS WEST, 17.00 FEET TO THE POINT
OF BEGINNING.
CONTAINING AN AREA OF 2,692 SQUARE FEET OR 0.0618 ACRES, MORE OR LESS.
SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS.
TEMPORARY CONSTRUCTION EASEMENT
EPS Project #: 20-1407 < EPS
Town of Gilbert Project No.: $T-0990
Section: 16 Township: 2S Range: 6 E GROUP
mS Township: <2 ange: 25 1130 N, Alma School Road, Suite 120
Date: 08/08/22 Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
Page 1 of 3 www.epsgroupinc.com
y
Page 8 of 10
LEGAL DESCRIPTION FOR
NOT TO SCALE
PROPOSED TEMPORARY CONSTRUCTION EASEMENT = 2.692 SQ. FT. 0.0618 AC.
THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH
THE ATTACHED LEGAL DESCRIPTION AND DOES NOT GONSTITUTE A BOUNDARY SURVEY.
{A} 20’ PROPERTY RIGHT, OCOTILLO ROAD IMPROVEMENTS CENTER 14 CORNER
DOCKET 1753, PAGE 245, MCR, APN: 304-714-1048 SECTION 16, 72S, REE ]
TEMPORARY CONSTRUCTION EASEMENT FOUND BCFL
{B) 20 HIGHWAY EASEMENT,
DOCKET 8768, PAGE 269, M.C.R, <
2S
GOMEZ JAMES RITRINA M & |
DOCUMENT 2018-0235568, M.C.R,
5 |i
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. =” 2321.30 a.
Vv ( g6°46'50°W 2,671.28 coc. |
| eee SOUTH 14 CORNER _/
\ SECTION 16, T25, REE evngre te Re
CALCULATED POSITION drole
LEGEND
P.0.B. POINT OF BEGINNING LINE TABLE
P.O.C. POINT OF COMMENCEMENT
APN ASSESSORS PARCEL NUMBER LINE | BEARING | LENGTH
ACFL ALUMINUM CAP FLUSH
M.CR. MARICOPA COUNTY RECORDER Lt | Noo‘OrseE | 17.00"
a RW RIGHT-OF-WAY
TaN T.CE. TEMPORARY CONSTRUCTION (2 | Soo"orso'w | 17,00
LD EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
EPS Project #: 20-1407
Town of Gilbert Project No.: $T-0990
Section: 16 Township: 2S Range: 6 £
Date: 08/08/22
Page 2 of 3
GH
1130 N. Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503,2258
www.epsgroupinc.com
J
Page 9 of 10
LEGAL DESCRIPTION FOR
OCOTILLO ROAD IMPROVEMENTS
APN: 304-71-1048
TEMPORARY CONSTRUCTION EASEMENT
North: 818034.2302' East: 751604.0220°
Segment #1 : Line
Course: $88°46'50°W Length: 158.35
North: 818030,8602' East: 751445.7079
Segment #2 : Line
Course: N00°07'38"E — Length: 17.00°
North: 618047.8602' East: 751445.7456"
Segment #3; Line
Course: N88°46'50°E Length: 158.35°
North: 818051.2301" East: 751604,0598"
Segment #4 : Line
Course: S00‘07'50"W Length: 17.00°
North: 818034.2302' East: 751604.0210°
Perimeter: 350.71' Area: 2692 Sq. Ft.
Error Closure: 0.0010 Course: N89°52'16°W
Error North: 0.00000 East: «0.00099
Precision 1: 350700.00
TEMPORARY CONSTRUCTION EASEMENT
Date: 08/08/22
Page 3 of 3
EPS Project #: 20-1407
Town of Gilbert Project No,: ST-0990
Section: 16 Township: 2S Range: 6 E
GH
1130 N, Alma School Road, Suite 120
Mesa, Arizona 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
se
Page 10 of 10