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DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
6/28/2023
6/28/2023
Page 3 of 10
EXHIBIT "B"
RIGHT OF WAY AGREEMENT
Parcel No: 304-71-061B
Project No.: TR221
Project Name: Ocotillo Road
Project Termini: 148th Street to Greenfield Road
Item No.: D24601 (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 Nineteen Thousand Three-Hundred Eighty-Three and No/100 Dollars
($19,383.00) as payment in full for the real property described herein.
C. To pay the Grantors the sum of Thirteen Thousand Two-Hundred Thirty and No/100 Dollars ($13,230.00) as
payment in full for the improvements located on the property described herein and broken out as follows:
Shared Block Fence (48 SF X $5.50* Per SF)
$ 264.00
Shared Block Fence (72 SF X $5.50* Per SF)
$ 396.00
Metal Fence (12 LF X $65.00 Per LF)
$ 780.00
Concrete Landscape Border (12 LF x $5.00 Per LF)
$ 60.00
Large Trees (2 Trees X $3,500)
$ 7,000
Large Shrubs (9 Shrubs X $200)
$ 1,800.00
Medium Shrubs (8 Shrubs X $60)
$ 480.00
Grass (990 SF x $0.50 Per SF)
$ 495.00
Sprinklers (990 SF x $1.45 Per SF)
$ 1,435.00
Gravel at Driveway (520 SF x $1.00 Per SF)
$ 520.00
*50% of $11.00 for shared fence
Total Site Improvements
$13,230.00
D. To pay the Grantors the sum of Four Thousand Seven Hundred Fifty and No/100 Dollars ($4,750.00) as
payment in full for the re-establishment of depreciated improvements located on the property described herein and
broken out as follows:
Relocate metal gate
$ 750.00
Reconstruct sprinkler system
$ 4,000.00
Total Cost to Cure
$ 4,750.00
E. To pay the Grantors the sum of One Thousand Six Hundred and Fifteen and No/100 Dollars ($1,615.00) as
payment in full for the Temporary Construction Easement on the property described herein.
F. To the reconnection of the water service to the existing piping as part of the project.
G. To pay the Grantor’s the sum of Twenty-Three Thousand Six Hundred Twenty-One and No/100 Dollars
($23,621.00) as payment in full for the negotiated Administrative Settlement.
H. 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.
I. 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.
J. As designed, the Project will include approximately 154 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 of 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.
DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
Page 4 of 10
THE GRANTORS AGREE:
1. 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.
2. To accept the sum of Nineteen Thousand Three-Hundred Eighty-Three and No/100 Dollars ($19,383.00) as
payment in full for the property described herein.
3. To accept the sum of Thirteen Thousand Two-Hundred Thirty and No/100 Dollars ($13,230.00) as payment
in full for the improvements located on the property described herein and broken out as follows:
Shared Block Fence (48 SF X $5.50* Per SF)
$ 264.00
Shared Block Fence (72 SF X $5.50* Per SF)
$ 396.00
Metal Fence (12 LF X $65.00 Per LF)
$ 780.00
Concrete Landscape Border (12 LF x $5.00 Per LF)
$ 60.00
Large Trees (2 Trees X $3,500.00 ea.)
$ 7,000.00
Large Shrubs (9 Shrubs X $200.00 ea.)
$ 1,800.00
Medium Shrubs (8 Shrubs X $60.00 ea.)
$ 480.00
Grass (990 SF x $0.50 Per SF)
$ 495.00
Sprinklers (990 SF x $1.45 Per SF)
$ 1,435.00
Gravel at Driveway (520 SF x $1.00 Per SF)
$ 520.00
*50% of $11.00 for shared fence
Total Site Improvements
$13,230.00
4. To accept the sum of Four Thousand Seven Hundred Fifty and No/100 Dollars ($4,750.00) as payment in full
for the re-establishment of depreciated improvements located on the property described herein and broken out as
follows:
Relocate metal gate
$ 750.00
Reconstruct sprinkler system
$ 4,000.00
Total Cost to Cure
$ 4,750.00
5. To accept the sum of One Thousand Six Hundred and Fifteen and No/100 Dollars ($1,615.00) as payment in
full for the Temporary Construction Easement on the property described herein.
6. To the reconnection of the water service to the existing piping as part of the project.
7. To accept the sum of Twenty-Three Thousand Six Hundred Twenty-One and No/100 Dollars ($23,621.00) as
payment in full for the negotiated Administrative Settlement.
8. 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 "H” above.
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DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E
DocuSign Envelope ID: 8D098853-5B38-4883-B2D5-B72B3B41179E