IGA_MCAO_GILBERT SIGNED.PDF

Maricopa County — Formal (2022-02-09)

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DocuSign Envelope ID: 3FB228C6-3A08-405F-8626-0970F0600F62 
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE 
TOWN OF GILBERT FOR RIGHT OF WAY ASSISTANCE FOR: 
OCOTILLO ROAD FROM 148TH STREET TO GREENFIELD ROAD 
TR221 
(C-64-21- __ -X-00) 
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political 
subdivision of the State of Arizona (County) and the Town of Gilbert, an Arizona municipal 
corporation (Town). The County and Town are collectively referred to as the Parties or 
individually as a Party. 
STATUTORY AUTHORIZATION 
1.
A.R.S. § 12-1111 (6) authorizes the County to exercise the right of eminent domain to
obtain property for roads and streets.
2.
A.R.S. § 12-1111(6) authorizes the Town to exercise the right of eminent domain to
obtain property for roads and streets; however, A.R.S. § 9-276(A)(20) limits such power
to streets and highways within its corporate limits.
3.
A.R.S. § 11-951 el seq. authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
4.
The Town has proposed to improve Ocotillo Road (Project) from Val Vista Road to
Greenfield Road (Project Area) to Town standards. Ocotillo Road from 148th to
Greenfield Road (ST0990), is currently operated and maintained as a major arterial
roadway by the Town. 
Portions of the Project Area are currently located within
unincorporated Maricopa County. Upon completion of the improvements, the Project
Area is to be annexed by the Town.
5.
The Town plans to design the Project in Fiscal Year 2021 and construct the Project in
Fiscal Year 2023.
6.
The Town may require assistance from the County's Real Estate Department (MCRED)
in acquiring right-of-way and/or temporary construction easements from owners within
unincorporated Maricopa County for the completion of the Project.
7.
Each Party has determined that acquisition of property to allow for the completion of
the Project will serve the public good.
PURPOSE OF THE AGREEMENT 
8.
The purpose of this Agreement is to identify and define the responsibilities of each Party
for right-of-way acquisitions related to the Project