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W MAR)COPA COUNTY Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Pioneer Title Agency, Inc. Date 4/7/23 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. 72501066-025-JS1 Irma P. Marmon and Donald R. Marmon, husband and wife as Grantor: community property with right of survivorship Phone: | 480.466.1298 Contact Irma Marmon Phone: Mailing 21914 S 156th Street Address: Email | gueenbee.itma@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 Kl 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.LA. 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 Land* $ 53,057.00 il Close of escrow: Improvements* $ 25,080.00 10 Special Conditions Right of Way Contract Yes No [] TCE $2,818.00 12 Exhibit “B" Administrative Settlement $ 70,050.00 10 Entry Agreement Yes (] No Total Compensation $151,005.00 Addendum attached hereto and made a Yes (] No Total Escrow & Title Costs TBD 14 part hereof Total Purchase Price $ 151,005.00 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.: 304-71-104A Item No_| D24607 (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: Irma P. Marmon and Donald R. Marmon, husband and wife as community property with right of survivorship RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: MARICOPA COUNTY REAL ESTATE DEPARTMENT MARICOPA COUNTY BOARD OF ATA Wa SUPERVISORS Irma P. Marmon (signature) 7-— DocuSigned by: Date @-/p- 2? Datinel Mysto PEAS re Lf Right of Way Supervisor Chairman of the Board LO LEM Donald R. Marmon (signature) 6/19/2023 ATTEST: Date 6-/6- BOAT Date Approved as to form within the owes ain authority of the Board of upervisol : Clerk of the Board of Supervisors Dautre-Peee—6 19/2023 eR AK Oe Deputy County Attorney _Date Date Page 2 of 10 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No: 304-71-104A Project No.: TR221 Project Name: Ocotillo Road Project Termini: 148" Street to Greenfield Road Item No.: D24607 (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 Fifty-Seven and No/100 Dollars ($53,057.00) as payment in full for the real property described herein. C. To pay the Grantors the sum of Twenty-Five Thousand Eighty and No/100 Dollars ($25,080.00) as payment in full for the improvements located on the property described herein and broken out as follows: Pipe & Wire Mesh Fence (18 LF X $5.00* Per LF) $ 90.00 Grass (1,580 SF X $0.50 Per SF) $ 790.00 Large Oleanders (32 Oleanders X $600 Per Plant) $19,200.00 Large Trees (2 Trees X $2,500 Per Tree) $ 5,000.00 *50% of $10.00 per LF for shared fence Total Site Improvements $25,080.00 D. To pay the Grantors the sum of Two Thousand Eight-Hundred Eighteen and No/100 Dollars ($2,818.00) as payment in full for the Temporary Construction Easement on the property described herein. E. To pay the Grantors the sum of Seventy-Thousand Fifty and No/100 Dollars ($70,050.00) as payment in full for the negotiated Administrative Settlement 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 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. Page 3 of 10 THE GRANTORS AGREE: 1. 2s 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 Fifty-Seven and No/100 Dollars ($53,057.00) as payment in full for the property described herein. To accept the sum of Twenty-Five Thousand Eighty and No/100 Dollars ($25,080.00) as payment in full for the improvements located on the property described herein and broken out as follows: Pipe & Wire Mesh Fence (18 LF X $5.00* Per LF) $ 90.00 Grass (1,580 SF X $0.50 Per SF) $ 790.00 Large Oleanders (32 Oleanders X $600 Per Plant) $19,200.00 Large Trees (2 Trees X $2,500 Per Tree) $ 5,000.00 *50% of $10.00 per LF for shared fence Total Site Improvements $25,080.00 To accept the sum of Two Thousand Eight-Hundred Eighteen and No/100 Dollars ($2,818.00) as payment in full for the Temporary Construction Easement on the property described herein. To accept the sum of Seventy-Thousand Fifty and No/100 Dollars ($70,050.00) as payment in full for the negotiated Administrative Settlement 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 "E” above. Remainder of this page intentionally left blank. Page 4 of 10 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-71-104A RIGHT-OF-WAY ACQUISITION A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO, 2021-1269184, 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, 509,08 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 NORTH LINE OF THE SOUTH 53.00 FEET OF SAID SOUTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 157.90 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 0 DEGREES 07 MINUTES 26 SECONDS EAST. 12.00 FEET; THENCE ALONG NORTH LINE OF THE SOUTH 65.00 FEET OF SAID SOUTHWEST QUARTER, NORTH 88 DEGREES 46 MINUTES 50 SECONDS EAST, 157.90 FEET: THENCE ALONG THE EAST LINE, OF SAID PARCEL SOUTH 0 DEGREES 07 MINUTES 38 SECONDS WEST, 12.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 5,053 SQUARE FEET OR 0.1160 ACRES, MORE OR LESS. SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS. RIGHT-OF-WAY ACQUISITION EPS Project #: 20-1407 & Fu S Town of Gilbert Project No,: ST-0990 Section: 16 T neoea 56 E GROUP on TE Township: co ange: 95 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 5 of 10 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS CENTER 1/4 CORNER SECTION 16, T2S, R6E > APN: 304-71-104A RIGHT-OF-WAY ACQUISITION FOUND BCFL NOT TO SCALE | z | MARMON IRMA PDONALD R = DOCUMENT 2021-1269184, M.C.R. me | | oO} uw | 3 | 7 - sore 7 oe eas = - ry, ‘| naseesve 157.90 2 Le he ee a a = P.0.B, Py > __ sf” = - ll 157.90 =! OCOTILLO ROAD 3 = =8 216220 808.08 | \ \ “ $B°46'50°W 2,671.28 wv eT CER SOUTH 14 CORNER / SEs 16 TPE SECTION 16, 128, ROE CALCULATED POSITION FOUND ACF. LEGEND . P.0.B, POINT OF BEGINNING LINE TABLE A) 20° PROPERTY RIGHT, SOCKET I753 PAGEDs'M;cR, POC. PONT OF COMMENCEMENT ‘ , APN ASSESSORS PARCEL NUMBER LINE | BEARING | LENGTH ACFL ALUMINUM CAP FLUSH B) 20” HIGHWAY EASEMENT, - 5 Sent phen MCR MCR. MARICOPA COUNTY RECORDER ut | Nottorw | 33,00" ‘ _ RW RIGHT-OF-WAY - N.R.OW. NEW RIGHT-OF-WAY L2 | NOOO726E | 32.01 L3 | sooorsew | 32.01 (RWCD) PROPERTY RIGHT = 3,158 SQ, FT, 0.0725 AC, PROPOSED RIGHT-OFeWAY = 5,053 SQ. FT, 0.1180 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: 2S 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:480.503.2256 www.epsgroupinc.com , Page 6 of 10 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-77-104A RIGHT-OF-WAY ACQUISITION North: 817998.85°8' East: 751445.6350° Segment #1 : Line Course: S88°46'50°W Length: 157.90" North: 817995.4974' East: 754287.7707" Segment #2 : Line Course: NO0°07'26"E — Length: 32.01" North: 818027.50'3' East: 751287.8400° Segment #3 : Line Course: N88°46'50°E Length: 157.90" North: 818030.8677' East: 751445.7042" Segment #4 : Line Course: S00°0738"°W North: 817998.8578' Length: 32.07 East: 751445,6331" Perimeter: 379.82 Area: 5053 Sq. Ft. Error Closure: 0.0019 Course: N69°5228"°W Error North: 0.00000 East: -0,00186 Precision 1: 199905.26 RIGHT-OF-WAY ACQUISITION EPS Project #: 20-1407 Town of Gilbert Project No.: $T-0990 Section: 16 Township: 2S Range: 6 E Date: 08/08/22 Page 3 of 3 < PS GROUP 1130 N, Alma Schoo] Road, Suite 120 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 www.epsgroupinc.com A Page 7 of 10 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-71-104A TEMPORARY CONSTRUCTION EASEMENT A PORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO, 2021~1269184, 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, 508.33 FEET; THENCE NORTH 1 DEGREES 13 MINUTES 10 SECONDS WEST, 65.00 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 $0 SECONDS WEST, 157.90 FEET: THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 0 DEGREES 07 MINUTES 26 SECONDS EAST, 17.00 FEET: THENCE ALONG NORTH LINE OF THE SOUTH 82.00 FEET OF SAID SOUTHWEST QUARTER, NORTH 88 DEGREES 46 MINUTES 50 SECONDS EAST, 157.90 FEET; THENCE ALONG THE EAST LINE OF SAID PARCEL, SOUTH 0 DEGREES 07 MINUTES 38 SECONDS WEST, 17.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 2,684 SQUARE FEET OR 0.06'6 ACRES, MORE OR LESS. SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS. TEMPORARY CONSTRUCTION EASEMENT Town of Gilbert Project No,: ST-0990 Section: 16 T oe 6 BE GROUP on: Te Township: £3 ange: 9 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 ; OCOTILLO ROAD IMPROVEMENTS CENTER 14 CORNER (A) 20’ PROPERTY RIGHT, APN: 04-71-1044 SECTION 16, 72S, REE 5 (8) 20 HIGHWAY EASEMENT, DOCKET 8768, PAGE 269, M.C.R. g MARMON IRMA P/DONALD R & | DOCUMENT 2021-1269184, M.C.R, a om | Biv 7 | TCE yggtag'sore 157.90" oe i a b = | i XY Bix 2 |g __ S884650'W 15790 tt pop, —— —- w |e ee * = ZI a Ss = Sie Pe 2 _il?_______ ai 8 Pd ae ! OCOTILLOROAD § 5: 2 ~ =" a a rn ~— $88°46SOW 2671.26" poe. / \ SOUTHWEST CORNER ee | \. SECTION 16, 125, REE coon « cael J CALCULATED POSITION FOUND ACFL LEGEND P.0.B. POINT OF BEGINNING LINE TABLE P.O.C. POINT OF COMMENCEMENT APN ASSESSORS PARCEL NUMBER UNE | BEARING | LENGTH ACFL ALUMINUM CAP FLUSH MCR. MARICOPA COUNTY RECORDER Li | NOO*O726"E | 17.00" RW RIGHT“OFeWAY T.C.E. TEMPORARY CONSTRUCTION 12 | Soo°orse"w | 17,00" EASEMENT NOT TO SCALE PROPOSED TEMPORARY CONSTRUCTION EASEMENT = 2,684 SQ. FT. 0.0616 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. Town of Gilbert Project No,: $T-0990 TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 < FPS GROUP Sector Toes 25 Faye gs 1130 N, Alma School Road, Suite 120 Date: 08/08/22 Mesa, Arizona 85201 — T:480.503.2250 | F:480.503.2258 Page 2 of 3 WwWwWw.epsgroupinc.com y, Page 9 of 10 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-77-104A TEMPORARY CONSTRUCTION EASEMENT North: 818030.8605' East: 751445,7061' Segment #1 : Line Course: S88°46'50"W Length: 157,90" North: 818027.5001' East; 751267.8419" Segment #2 ; Line Course: NO0°07'26"E Length: 17.00" North: 818044.5001' East: 751287,8787" Segment #3 : Line Course: N88°46'50°E — Length: 157.90" North; 818047,8605' East: 751445,7429" Segment #4 : Line Course: SO0°O738"W Length: 17.00' North: 818030.8605' East; 757445,7051' Perimeter: 349.81° Area: 2684 Sq. Ft, Error Closure: 0.0010 Course: N89°52'28"W Error North: 0.00000 East: =.00099 Precision 1: 349800.00 TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 < Fp G Town of Gilbert Project No,: ST-0990 ~~ GROUP Cacia I TOM ee PONS Se 1130 N, Alma School Road, Suite 120 Date: 08/08/22 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.22538 Page 3 of 3 www.epsgroupinc.com A Page 10 of 10