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v MAR)COPA COUNTY Maricopa County Department of Transportation Purchase Agreement and Escrow Instructions Title Company Pioneer Title Date 4/26/23 Address 1550 E. Missouri Ave. Phone_| 602-328-8882 City Phoenix, AZ 85014 Fax 602-328-8882 Escrow Officer Jennifer Siverio Email_lennifer.siverio@ptaaz.com Escrow No. 72501101-025-JS1 Derby H. Earnhardt and Danielle Earnhardt, Trustees of the DDE Trust dated October Grantor: 6, 2015 Phone: | 602-291-9909 Contact Derby Earnhardt Phone: Mailing Address: 7381 S. Tatum Lane Email | _derbyearnhardt@mac.com City, State Zip Queen Creek, AZ 85142 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 J 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 XX] 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 Land* $40,065.00 ii TCE*** $ 1,252.00 12 Close of escrow: Administrative Settlement $ 5,342.00 ll Total Purchase Price $46,659.00 Special Conditions Right of Way Contract Total Escrow & Title Costs TBD 14 Exhibit "B" Yes] No[] Total Compensation (minus any funds paid outside of escrow) $46,659.00 Entry Agreement YesL] | NoX Addendum attached hereto and made a part TOTAL WARRANT** TBD hereof Yes] | NoX *Escrow and title policy fees based on this amount only. **Sum of ''Total Closing Costs" and "Total Compensation" only. Project: Ocotillo Road (148th St to Greenfield) PCN: | TR221 Assessor Parcel No.: 304-76-003V and 304-76-003W Item No | D24624 Right of Way Agent: Cherisse Young, Tierra Right of Way Services Telephone # | 602-682-0000 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. 1. conjunction with any judicial or administrative proceeding GRANTOR: Derby H. Earnhardt and Danielle Earnhardt, Trustees of the DDE Trust dated RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED: October 6, 2015 ! eee SS. | MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF Ps aii Og, OF TRANSPORTATION SUPERVISORS Derby H. Earnhardt, as Trustee (—Decubigned by: Date 7 _@ 114 [2023 Patyice May Ha, BFESESSB407- FAAS Right of Way Supervisor Chairman of the Board Danielle Earnhardl As Trustee ware Date [7/7204 ae: ATTEST: 4 Approved as to form within the powers and authority of the Board of SupPAPESIAge by: Clerk of the Board of Supervisors Wauve-Peele 6/30/2023 a be Ge / Deputy County Attorney Date Date Page 2 of 10 EXHIBIT "B" RIGHT OF WAY AGREEMENT Parcel No.: 304-76-003V and 304-76-003W Project No.: TR221 Project Name: Ocotillo Road Project Termini: 148th Street to Greenfield Road Item No.: D24624 (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. B Cc. D To use the real property described herein for the general welfare and benefit of the public. . To pay the Grantors the sum of Forty Thousand Sixty-Five and No/100 Dollars ($40,065.00) as payment in full for the real property described herein. To pay the Grantors the sum of One Thousand Two Hundred Fifty-Two and No/100 Dollars ($1,252.00) as payment in full for the Temporary Construction Easement on the property described herein. . To accept the sum of Five Thousand Three Hundred Forty-Two and No/100 Dollars ($5,342.00) 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. 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. As designed, the Project will include approximately 155+ 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 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. The Town of Gilbert agrees to a 30’ wide driveway and 24’ wide gate for the parcel and will be incorporated into the construction drawings. THE GRANTORS AGREE: 1. 2. 3. To grant a Special 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 Forty Thousand Sixty-Five and No/100 Dollars ($40,065.00) as payment in full for the property described herein. To accept the sum of One Thousand Two Hundred Fifty-Two and No/100 Dollars ($1,252.00) as payment in full for the Temporary Construction Easement on the property described herein. To accept the sum of Five Thousand Three Hundred Forty-Two and No/100 Dollars ($5,342.00) 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. Page 3 of 10 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-78-003V RIGHT-OF-WAY ACQUISITION APORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2023-0132668, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 21, 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 GAP FLUSH AT THE NORTH QUARTER CORNER OF SAID SECTION 21, FROM WHICH AN ALUMINUM CAP FLUSH AT THE CENTER QUARTER CORNER OF SAID SECTION 21, BEARS SOUTH 00 DEGREES 01 MINUTES 12 SECONDS EAST, (BASIS OF BEARINGS) 2,665.12 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 1,336.24 FEET: THENCE SOUTH 1 DEGREES 13 MINUTES 10 SECONDS EAST, 33.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, SAID CORNER BEING THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID PARCEL, SOUTH 0 DEGREES 10 MINUTES 12 SECONDS EAST, 32.01 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 65.00 FEET OF SAID NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 166.93 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL; THENCE ALONG SAID WEST LINE, NORTH 0 DEGREES 11 MINUTES 19 SECONDS WEST, 32.01 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE NORTH LINE OF SAID PARCEL, NORTH 88 DEGREES 46 MINUTES 50 SECONDS EAST, 166.94 FEET T0 THE POINT OF BEGINNING. CONTAINING AN AREA OF 5,342 SQUARE FEET OR 0.1226 ACRES, MORE OR LESS. SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS, RIGHT-OF-WAY ACQUISITION EPS Project #: 20-1407 G FP . Town of Gilbert Project No.: ST-0990 em GROUP JOHNSTON Cay tee, ; N oy f Section: 24 Township: 2 Range: 8 1130 N. Alma School Road, Suite 120 Date: 03/29/23 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 Page 4 of 3 www.epsgroupinc.com y, Pace dof In ~ LEGAL DESCRIPTION FOR - OCOTILLO ROAD IMPROVEMENTS APN: 304-76-003V pac NORTHWEST CORNER RIGHT-OF-WAY ACQUISITION NORTH 1/4 CORNER SECTION 21, 72S, R6E SECTION 24, T2S, REE CALCULATED POSITION FOUND ACFL | 88°46'50°W 2,671.26 a L = a 395,04 1 1,83624 ww 8 D 4) & oa 2 28 OCOTILLO ROA Nast4B50'E 108.04 ' POR, z 2 a ~ a co = Y % YG; SY 5 72) pL Pa > - a = | ___$88°4650"W 16688 — LL — — — - a > NROW, a EARNHARDT DERBY HIDANIELLE | = DOCUMENT 2023-0132668, MCR, | rs BPOWEREASEMENT =) | = DOCUMENT 2001-117073, MCR, | CENTER 1/4 CORNER De SECTION 21, 125, R6E FOUND AGFL LINE TABLE LEGEND P.O.B, POINT OF BEGINNING LINE | BEARING | LENGTH P.O.C. POINT OF COMMENCEMENT canon : APN ASSESSORS PARCEL NUMBER LY | SOMO" | 38.00 ACFL ALUMINUM CAP FLUSH 2 | sooroiwe | 3204 MCR. MARICOPA COUNTY RECORDER : RW _ RIGHT-OF-WAY 13 | Nootgw | 3201" NOW. NEWRIGHT-OF-WAY PROPOSED RIGHT-OF-WAY = 5,342 SQ. FT. 0.1226 AC. UD THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. NOT TO SCALE RIGHT-OF-WAY ACQUISITION , EPS Project #: 20-1407 ROBERT A, Town of Gilbert Project No.: ST-0990 gOHNSTON Section: 21 Township: 2S Range: 6 E GROUP alks L = Pres Range: Oe 1130 N. Alma School Road, Suite 120 : Date: 03/29/23 Mesa, Arizona 85201 ~~ T:480,503.2250 | F:480.503.2258 Page 2 of 3 www.epsgroupinc.com J Page 5 of 10 North: 617915.2652' East: 750620.0644" Segment #1 : Line Course: S00°%042'E — Length: 32.01" North: 817883.2553' East: 750620.1564' Segment #2 : Line Course: S88°46'50°W Length: 166.93' North: 817879,7028' East: 750453,2642' Segment #3 : Line Course: N00°1749'W Length: 32.01" North: 817911.7426 East: 750453.1588" Segment #4 : Line Course; N68°46'50°E — Length: 166,94" North: 817915.2653' East: 750820.0610' Perimeter. 397.89 Area: 342 Sq, Ft. Error Closure: 0.0004 Course: N65°43'55"W Error North: 0.00018 East: -0.00040 Precision 1: 994725.00 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-76-003V RIGHT-OF-WAY ACQUISITION Date: 09/29/23 Page 3 of 3 RIGHT-OF-WAY ACQUISITION EPS Project #: 20-1407 Town of Gilbert Project No.: ST-0990 Section: 21 Township: 2S Range: 6E EPS GROUP 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: 304-76-003V TEMPORARY CONSTRUCTION EASEMENT APORTION OF THAT PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 2023-0132688, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 24, 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 NORTH QUARTER CORNER OF SAID SECTION 21, FROM WHICH AN ALUMINUM CAP FLUSH AT THE CENTER QUARTER CORNER OF SAID SECTION 21, BEARS SOUTH 00 DEGREES 01 MINUTES 12 SECONDS EAST, (BASIS OF BEARINGS) 2,665.12 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 1,336.83 FEET; THENCE SOUTH 1 DEGREES 13 MINUTES 10 SECONDS EAST, 65.00 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE, SOUTH 0 DEGREES 10 MINUTES 12 SECONDS EAST, 10.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 75.00 FEET OF SAID NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE, SOUTH 88 DEGREES 46 MINUTES 50 SECONDS WEST, 166.93 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL; THENCE ALONG SAID WEST LINE, NORTH 0 DEGREES 11 MINUTES 19 SECONDS WEST, 10.00 FEET TO A POINT ON THE SOUTH LINE OF NORTH 65.00 FEET OF SAID NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE, NORTH 88 DEGREES 46 MINUTES 50 SECONDS EAST, 166.93 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,669 SQUARE FEET OR 0.0383 ACRES, MORE OR LESS. SUBJECT TO EXISTING RIGHT-OF-WAY AND EASEMENTS. TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 Town of Gilbert Project No.: ST-0990 Section: 21 Township: 2S Range: 6E EPS GROUP 1130 N. Alma School Road, Suite 120 Date: 03/29/23 Mesa, Arizona 85201 T:480.503.2250 | F:480.503.2258 Page 4 of 3 www.epsgroupinc.com y, Page 7 of 10 LEGAL DESCRIPTION FOR OCOTILLO ROAD IMPROVEMENTS APN: 304-76-003V P.O. S| NORTHWEST CORNER TEMPORARY CONSTRUCTION EASEMENT NORTH 4/4 CORNER SECTION 21, 128, ROE SECTION 21, T25, ROE FOUND ACFL CALCULATED POSITION S88*4050°W 2.71.28 — L = a ~ 4,394.45" 14,336.83) 8 ps ae oy = 28 ocoTILLOROAD = Bg 2 Z qa --- ST 2\8 = %| ,P.OB. _ fa 2 NBB°46'50°E 186.93" a a = 4 s FS —! N —_—— a = SOs ASS0'W 166.03 | N TCE, g N EARNHARDT DERBY HIDANIELLE = ue DOCUMENT 20230132688, MCR. l= 8 POWER EASEMENT - 3 DOCUMENT 2001-117073, MCR. CENTER 4/4 CORNER SECTION 21, 128, R6E ~7 - FOUND ACFL LEGEND LINE TABLE P.0.B. POINT OF BEGINNING P.0.C, POINT OF COMMENCEMENT LINE | BEARING | LENGTH APN ASSESSORS PARCEL NUMBER ACFL ALUMINUM CAP FLUSH Lt | Sooto4zE | 10.00 MCR. MARICOPA COUNTY RECORDER RW _ RIGHT-OF-WAY L2 | NOONE | 10.00" T.CE. TEMPORARY CONSTRUCTION EASEMENT PROPOSED TEMPORARY CONSTRUCTION EASEMENT = 1,689 SQ. FT. 0.0383 AC. WD THIS EXHIBIT IS FOR GRAPHICAL REPRESENTATION ONLY TO BE USED IN CONJUNCTION WITH THE ATTACHED LEGAL DESCRIPTION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. NOT TO SCALE TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 FP S ROBERT A. Town of Gilbert Project No.: ST-0990 GOSS J] \ Section: 24 Township: 2 Range: 6E GROUP Ree”, B = pes Range: 9 1130 N. Alma School Road, Suite 120 , Date: 03/29/23 Mesa, Arizona 85201 ~~ T:480,503,2250 | F:480,503.2258 Page 2 of 3 www.epsgroupinc.com \. y Page 8 of 10 North: 817883,2599' East: 750820,1583' Segment #4 : Line Course: $00°4042"E Length: 10,00" North: 817873.2600' East: 750620.1860' Segment #2 ; Line Course: S88°46'50'W Length; 166.93" North: 617869,7074 East; 750453,2938' Segment# ; Line Course: NO0°1149°W Length: 10.00° North; 817879.7074 East: 750453.2600" Segment #4 : Line Course: N68°46'50"E — Length: 166.93° North: 817883,2599' East: 750620.1531' Perimeter: 353,87’ Area: 1669 Sq, Ft. Error Closure: 0.0032 Course: S89°49'15°W Error North: -0.00001 East: -0.00325 Precision 1: 110584.25 LEGAL DESCRIPTION FOR ~ OCOTILLO ROAD IMPROVEMENTS APN: 304-76-003V TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT EPS Project #: 20-1407 Town of Gilbert Project No.: ST-0990 Section: 24 Township: 2S Range: 6 E Date: 03/29/23 Page 3 of 3 CH? 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 20-1407 Ocotillo Road Improvements - Val Vista Drive to Greenfield Road WALLTYPE MOCK YALL 117 ET GATE YYPE: CAT C411 WHOAGHT NOH VATH ETAL ACTA avesens Wars sosTAs. reNIT ve CHT POWER: (CU, May 17, 2023 APN 304-76-003V Parcel Exhibit Page 10 of }t