Resolution No. 75-26 COB-West-MEC prkng agr V4.pdf

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RESOLUTION NO. 75-26 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, 
ARIZONA, APPROVING THE AGREEMENT BETWEEN WESTERN MARICOPA 
EDUCATION CENTER DISTRICT NO. 402 AND CITY OF BUCKEYE 
REGARDING CANCELLATION AND TERMINATION OF MUTUAL ACCESS 
AND PARKING EASEMENT AGREEMENT DATED JUNE 8, 2021, AND 
MUTUAL ACCESS AND PARKING EASEMENT AGREEMENT; AND 
AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER SAID 
AGREEMENT ON BEHALF OF THE CITY OF BUCKEYE. 
 
WHEREAS, under A.R.S. §§ 11-951, et. seq. and 15-342(13), the City of Buckeye and 
Western Maricopa Education Center District No. 402 (“West-MEC”) may contract with one 
another to provide any function, service, or facilities through an intergovernmental agreement; 
and 
 
WHEREAS, West-MEC and Buckeye Union High School District No. 201 (“Buckeye 
Union”) are parties to that certain Mutual Access and Parking Easement agreement dated June 
8, 2021 (“Parking Easement Agreement”); and 
WHEREAS, Buckeye Union and the City have negotiated an intergovernmental 
agreement  for land-exchange (“Land Exchange IGA”); and 
WHEREAS, the Land Exchange IGA contemplates the City acquiring approximately 60+ 
acres of real property consisting of a portion of Maricopa County Assessor Parcel Number 504-
20-004J (“Subject Property”); and 
WHEREAS, the Parking Easement Agreement currently encumbers approximately 2.63 
acres situated in the southeasterly part of the Subject Property, namely an access drive and a 
parking lot; and 
WHEREAS, pursuant to the Parking Easement Agreement, West-MEC has an exclusive 
first right of refusal to purchase and lease Parcel 2B as described in Recital F and Exhibit E of 
said Agreement (“First Right of Refusal”); and 
WHEREAS, West-MEC and the City desire to enter into an agreement for non-exclusive 
cross-access easements and mutual common parking easements that will, among other things, 
encumber Parcel 2B and become effective upon the City’s acquisition of the Subject Property 
(“City-West-MEC Access and Parking Easement Agreement”); and 
WHEREAS, as a condition of entering into the City-West-MEC Access and Parking 
Easement Agreement, West-MEC will consent to the termination of the Parking Easement 
Agreement between West-MEC and Buckeye Union including relinquishing the First Right of 
Refusal; and 
WHEREAS, the City-West-MEC Access and Parking Easement will become effective 
contemporaneously with the cancellation and termination of the Parking Easement Agreement 
between West-MEC and Buckeye Union. 
 
BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as 
follows:

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Section 1. 
The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2.        The Agreement Between Western Maricopa Education Center District 
No. 402 and City of Buckeye Regarding Cancellation and Termination of Mutual Access and 
Parking Easement Agreement Dated June 8, 2021, and Mutual Access and Parking Easement 
Agreement (“City-West-MEC Master Agreement”) is hereby approved in substantially similar 
form and format as the City West-MEC Master Agreement on file with the City Clerk. 
 
Section 3.        The City Manager is hereby authorized to execute and deliver the City 
West-MEC Master Agreement and, further, as authorized or required by A.R.S. § 11-952 
and/or other  applicable legal authority, the Mayor, City Manager, City Attorney, and City Clerk are 
hereby authorized and directed to take all steps necessary to cause the execution and delivery of 
the City West-MEC Master Agreement and all documents and other necessary or desirable 
instruments connected with the City West-MEC Master Agreement and to take all steps 
necessary to carry out the purpose and intent of this Resolution. 
PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 
7th day of July, 2026. 
 
 
 
 
 
 
 
 
_____________________________________ 
 
 
 
 
 
 
 
Eric W. Orsborn, Mayor 
ATTEST: 
 
____________________________________ 
Lucinda J. Aja, City Clerk 
 
 
APPROVED AS TO FORM: 
 
 
 
 
____________________________________ 
 
Tosca Henry, City Attorney