E1 TT0609_D24420_PA.PDF

Maricopa County — Formal (2024-08-07)

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Maricopa County
Purchase Agreement and Escrow Instructions

Title Company Security Title Agency Date March 25, 2024
Address 2415 East Camelback Road, Suite 200 Phone 602-230-6224
City Phoenix, AZ 85016 Fax 602-926-0452
Escrow Officer Jason Bryant Email jbryant@securitytitle.com
Escrow No. 15210494 -015-JB6-SW
Samuel W. Gibbs and Maggie L. Gibbs, Trustees of The Samuel W. and Maggie
Grantor: L. Gibbs Living Trust Dated June.16, 2022 Phone 602-738-0079
Contact Samuel W. Gibbs and Maggie L. Gibbs Email Sam.gibbs@mac.com
Mailing Address: 11426 E. Cottontail Road Email maggielsibbs@email.com
City, State Zip Cave Creek, AZ 85331
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 $696.00 L] Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees $585.00 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 $1,281.00 14 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 [
L] 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 N/A. 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.ULA. ' regardless of the closing date.
Taxes -Prorated [
Dx] Easement: Consent to easement by secured party.
Total Other Charges TBD 14
L] Other Disbursements: |
Sub Total $1,281.00
Slope Easement $3,430.00 11
Total Purchase Price $3,430.00
Total Escrow & Title Costs $1,281.00 14
Total Compensation (minus any
funds paid outside of escrow) $3,430.00
TOTAL WARRANT#* $4,711.00

*Escrow and title policy fees based on this amount only.

**Sum of "Total Closing Costs" and "Total Compensation" only.

Project Name: Tonto Hills Low Volume Roads Project Number; | TT0609
Assessor Parcel No.: 219-12-077 Item No. D24420
Right of Way Agent: Wayne Jones Telephone # 602-509-4747

Page 1 of 6

The GRANTOR and GRANTEE, having executed a conveyance of certain real property rights as described and depicted in the Exhihit “4-1”, “A-2”
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 GRANTORS acknowledge receipt of the amount shown on the closing statement as due GRANTORS. 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 GRANTORS 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 GRANTORS 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 agrees to pay and the GRANTOR accepts the payment in full for the property described herein:

e Slope Easement in the amount of Three Thousand Four Hundred Thirty and No/100 Dollars ($3,430.00) described and depicted in
Exhibit A-1 and A-2

If in the opinion of the Transportation Director it becomes necessary, MARICOPA. COUNTY, or its agents, is hereby granted to enter upon the
remaining property for the purpose of private. structure relocation in kind to the GRANTOR’s property, clear of the property described herein, and at
no expense to the GRANTORS except as may be herein otherwise agreed.

With respect to the development/redevelopment of the property prior to construction of project TT0609, 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.

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.

Page 2 of 6

GRANTORS: Samuel W. Gibbs and Maggie
L. Gibbs, Trustees of The Samuel W. and
Maggie L. Gibbs Living Trust Dated June 16,
2022.

[A
cme GEEA49EBC3ASF4EZ... ry
Samuer w. Gibbs, 1tustee (signature)

7/2/2024

Date

DocuSigned by:

MoDAasg

- 04437F0C42BC416... >
Maggie L. Gibbs, Trustee (signature)

7/2/2024

RECOMMENDED FOR APPROVAL:

MARICOPA COUNTY DEPARTMENT

OF TRANSPORTATION
DocuSigned by:

Junnifur Rodrigues

SAAZBEDEDECEAIE.

ACCEPTED AND APPROVED:

MARICOPA COUNTY BOARD OF
SUPERVISORS

Right of Way Supervisor
7/8/2024

Date

ce Pet

Date

Approved as to form within the
powers and authority of the Board of
Supervisors

DocuSigned by:

7/9/2024

Chairman of the Board of Supervisors
Date:

ATTEST:

Clerk of the Board of Supervisors

Deputy County Attomey Date

Page 3 of 6

Date

Exhibit “A-1”

Parcel No. 219-12-077
Project No. TT0609
TONTO HILLS LVR

Item No. D24420-SE

Legal Description For Slope Easement

That portion of the Southwest quarter of Section 10, Township 6 North, Range 5 East of the Gila and
Salt River Meridian, Maricopa County, Arizona, described as follows:

BEGINNING at the Northwest corner of Lot 77 of Tonto Hills, Book 93, page 5 M.C.R.

thence South 65 degrees 10 minutes 06 seconds East, 111.41 feet along the North line of said Lot 77 to
the beginning of a non-tangent curve, concave Northeast, from which the radius point bears North 24
degrees 52 minutes 34 seconds East a distance of 530.00 feet;

thence Southeasterly 122.23 feet along said North line, along the are of said curve to the left through a
central angle of 13 degrees 12 minutes 50 seconds to the Northeast corner of said Lot 77;

thence on a non-tangent line South 11 degrees 40 minutes 00 seconds West, 14.85 feet.along the East
line of said Lot 77;

thence North 76 degrees 14 minutes 57 seconds West, 43.54 feet;

thence North 49 degrees 54 minutes 39 seconds West, 17.93 feet to the beginning of a non-tangent
curve, concave Northeast, from which the radius point bears North 17 degrees 59 minutes 17 seconds
East a distance of 538.00 feet;

thence Northwesterly 64.26 feet along the arc of said curve to the right through a central angle of 6
degrees 50 minutes 37 seconds;

thence North 65 degrees 10 minutes 06 seconds West, 111.85 feet to a point that lies on the West line
of said Lot 77;

Professional Land
Surveyor AZ No. 19817

J i m Digitally signed

Date 202110810
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Crumeiiszse-cro0
Agent: J. Crume Project No. TTQ609 Chk: J. Crume Electronic Seal
Tech: B. Crume https://btr.az.gov/
Prepared by: Cooper Aerial Surveys Company

Page.4 of 6

thence North 25 degrees 00 minutes 00 seconds East, 8.00 feet along said North line to the POINT OF
BEGINNING.

The above described parcel contains 2220 square feet or 0.0510 acres, more or less, and is depicted on
the attached Exhibit “A-2”.

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

Agent: J. Crume

Project No. TTO609

Chk: J. Crume

Tech: B. Crume

Prepared by: Cooper Aerial Surveys Company

Professional Land
Surveyor AZ No. 19817

J i m Digitally signed

by Jim Crume
Date: 2021.08.10

Crume tise3-0700

Electronic Seal
https://btr.az.gov/

Page 5 of 6

Exhibit “A-2”

POB

Cay

APN:219-12-076

LOT 77 OF TONTO HILLS
BOOK 93 PAGE 05 M.C.R.

SAMUEL W. GIBBS AND

MAGGIE L. GIBBS LIVING
TRUST

APN: 219-12-077

a7 . Was,, ko

Not to Scale

APN:219—12-078

LINE TABLE
LINE BEARING LENGTH
L1 | $6510’06"E | 111.41’
L2 | $11°40°00°W | 14.85°
L3. | N76%4'57"W | 43.54
CURVE TABLE L4 | N49°54’39"W | 17.93"
CURVE | LENGTH | RADIUS | DELTA. | TANGENT ) CHORD | CHORD BRG L5 | N65%0'06"W | 111.85"
C1 122.23' | 530.00" | 1312'50” 61.39 | 121.96" | $71°43°52°E L6 | N25‘00’00"E | 8.00’
C2 64.26 | 538,00' | 6°50°37” 32.17 | 64.22’ | N68°35'24°W
Page 6 of 6
Professional Land
Surveyor AZ No.
D24420-SE Area: 2220 square feet or 0.0510 acres SHT 1 of 1 19817
. . Digitally signed
MARICOPA COUNTY JIM bysimcrume
ate:
TONTO HILLS LVR Crume 2021.08.10
Prepared by:

PROJECT No. TT0609 | Agent: J. Crume

COOPER AERIAL SURVEYS COMPANY

ITEM No. D24420-SE Tech: B, Crume Checked: J. Crume

Date: 08/10/2021

Electronic Seal
https: //btr.az.gov/