4A Resolution_No._16-26_with_Exhibits__ACC_1.26.26__Redacted.pdf

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WHEN RECORDED, RETURN TO: 
City of Buckeye 
ATTN: City Clerk, Lucinda J. Aja 
530 E Monroe Avenue 
Buckeye, Arizona 85326 
 
RESOLUTION NO. 16-26 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, 
ARIZONA, APPROVING THE DEDICATION BACK TO DEVELOPER, OR 
DEVELOPER'S SUCCESSOR-IN-TITLE, OF REAL PROPERTY DESCRIBED 
WITHIN THE INSTRUMENT ENTITLED SPECIAL WARRANTY DEED FOR 
RIGHT-OF-WAY AND OTHER RELATED PURPOSES, RECORDED AT 
INSTRUMENT NUMBER 2009-0309268, MARICOPA COUNTY RECORDER, 
SITUATED GENERALLY IN THE EAST HALF OF SECTION 23, AND THE 
WEST HALF OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 4 WEST, GILA 
AND SALT RIVER BASE AND MERIDIAN. 
 
WHEREAS, on or near January 27, 2009, the City of Buckeye (then, the Town of 
Buckeye), as Grantee, received title to real property for right-of-way and other related purposes, 
to that certain real property described  therein (“Property”), in connection with the construction of 
the Warner Street Bridge (“Bridge project’), recorded at Instrument Number 2009-0309268, 
Maricopa County Recorder (MCR); and 
 
WHEREAS, pursuant to the provisions of that certain Development Agreement 
[Westpark], dated December 6, 2022, Between the City of Buckeye, Arizona, and (i) KEMF WP. 
2.2, (ii) KEMF WP 2.3, (iii) KEMF WP 3 East, (iv) KEMF WP Commercial, (v) KEMF WP 3 West, 
and (vi) KEMF Westwind East, each an Arizona limited liability company (the “KEMF Entities”), 
recorded at Instrument No. 20220895675, MCR, if it was determined that the Arizona 
Department of Transportation would not proceed with the Bridge project, the City would return 
the Property back to the Developer(s); and 
 
WHEREAS, the Property is included in the Bridge Approach Roads described in the 
2022 Development Agreement referenced in the foregoing paragraph; and 
 
WHEREAS, on January 6, 2026, Council adopted Resolution No. 03-26, approving 
Amendment No. One to the Intergovernmental Agreement, A.G. Contract P0012008004871, 
State Route 85 - Southern to Interstate 10, dated March 16, 2009, between the City and the 
State of Arizona Department of Transportation (“City-ADOT March 16, 2009, IGA”), to remove 
the scope of work related to Bridge project; and 
 
WHEREAS, the Bridge project is no longer desired; and is removed from the City-ADOT 
March 16, 2009, IGA; and 
 
WHEREAS, the Property does not serve property other than that which is privately 
owned and is not needed for development; and 
 
WHEREAS, the City has determined that the Property serves no public purpose. 
 
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 City hereby shall and do dedicate the Property as follows: 
a.
Exhibit A, Westpark Right of Way Abandonment (East) shall be
dedicated to: KEMF WP Commercial, LLC, an Arizona limited liability
company.
b.
Exhibit B, Westpark Right of Way Abandonment (West), shall be
dedicated to: KEMF WP Commercial, LLC, an Arizona limited liability
company.
c.
Exhibit C, Westpark Right of Way Abandonment (West of West
Connector Road), shall be dedicated to: KEMF WP 3 West, LLC, an
Arizona limited liability company.
Exhibits A-C are attached hereto and incorporated herein by this
reference. 
Section 3. 
The real property described in Exhibit A, Exhibit B, and Exhibit C will no 
longer be subject to, or encumbered by the terms and conditions of that certain Special 
Warranty Deed recorded at Instrument Number 2009-0309268, Maricopa County Recorder, and 
any property interests recited therein will vest with the entities as set forth in Section 2 above. 
Section 4. 
The Mayor, City Manager, City Attorney, and City Clerk are hereby 
authorized and directed 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 3rd day of February, 2026. 
Eric W. Orsborn, Mayor 
ATTEST: 
Lucinda J. Aja, City Clerk 
APPROVED AS TO FORM: 
Tosca Henry, City Attorney

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Attachments:
Exhibit A: 
Legal Description and Depiction – Westpark Right of Way 
Abandonment (East) 
Exhibit B: 
Legal Description and Depiction – Westpark Right of Way Abandonment 
(West) 
Exhibit C: 
Legal Description and Depiction – Westpark Right of Way Abandonment 
(West of West Connector Road)

EXHIBIT A 
 
Westpark Right of Way Abandonment (East) 
[KEMF WP Commercial, LLC] 
 
(3 pages)

U:\1300\1386\SURVEY\DOCS\LEGALS\1386 WESTPARK - ROW ABANDONMENT (EAST) - LEGAL.docx
Page 1 of 2 
WESTPARK 
RIGHT OF WAY ABANDONMENT (EAST) 
LEGAL DESCRIPTION 
A parcel of land situate within a portion of Westpark Connector Road Right of 
Way described in Special Warranty Deed recorded at Instrument number 
2009-0309268, Maricopa County Recorder’s Office, Maricopa County, being a 
portion of the West Half of Section 24, Township 1 North, Range 4 West of the 
Gila and Salt River Meridian, Maricopa County, Arizona, more particularly 
described as follows:  
COMMENCING at the West Quarter Corner of said Section 24, monumented 
by a ADOT Brass cap in hand hole stamped RLS 38862, dated 2010 from which 
the Southwest Corner of said Section 24, monumented by ADOT Brass cap in 
hand hole stamped RLS 38862, dated 2010, bears South 00°05’57” East, 
2662.94 feet as the Basis of Bearings; 
Thence South 89°23’18” East, 55.00 feet to the easterly Right of Way line of 
State Route 85 being the POINT OF BEGINNING; 
Thence along the perimeter of said right of way the following 5 courses; 
Thence North 00°06'12" West, 214.45 feet to the beginning of a non-tangent 
curve, concave southeasterly, whose radius point bears South 13°40'02" East, 
4128.33 feet; 
Thence northeasterly along said curve to the right, through a central angle of 
09°26'40", an arc length of 680.50 feet to a point of non-tangency; 
Thence North 28°21'39" East, 58.22 feet; 
Thence North 15°02'17" West, 156.34 feet; 
Thence North 09°19'39" West, 120.60 feet; 
Thence South 15°02'17" East, 483.30 feet; 
Thence along said property the following 3 courses;

EXHIBIT B 
 
Westpark Right of Way Abandonment (West) 
[KEMF WP Commercial, LLC] 
 
(3 pages)

\\phxfil02\Legacy HW\J_Drive\Shared Folders\Project\1300\1386\SURVEY\DOCS\LEGALS\1386 
WESTPARK - ROW ABANDONMENT (WEST) - LEGAL.docx 
WESTPARK 
RIGHT OF WAY ABANDONMENT (WEST) 
LEGAL DESCRIPTION 
A parcel of land situate within a portion of Westpark Connector Road Right of 
Way described in Special Warranty Deed recorded at Instrument number 
2009-0309268, Maricopa County Recorder’s Office, Maricopa County, being a 
portion of the East Half of Section 23, Township 1 North, Range 4 West of the 
Gila and Salt River Meridian, Maricopa County, Arizona, more particularly 
described as follows:  
COMMENCING at the East Quarter Corner of said Section 23, monumented 
by a ADOT Brass cap in hand hole stamped RLS 38862, dated 2010 from which 
the Southeast Corner of said Section 23, monumented by ADOT Brass cap in 
hand hole stamped RLS 38862, dated 2010, bears South 00°05’57” East, 
2662.94 feet as the Basis of Bearings; 
Thence North 88°59’26” West along the northerly line of the Southeast Quarter 
of said Section 23, a distance of 409.87 feet to the westerly Right of Way line 
of State Route 85 being the POINT OF BEGINNING; 
Thence along the perimeter of said right of way the following 4 courses; 
Thence South 00°22'24" West along said westerly Right of Way line, 212.33 feet 
to the beginning of a non-tangent curve, concave southeasterly, whose radius 
point bears South 07°23'39" East, 6434.05 feet; 
Thence southwesterly along said curve to the left, through a central angle of 
05°50'24", an arc length of 655.80 feet to the beginning of a compound tangent 
curve, concave southeasterly, having a radius of 285.00 feet; 
Thence southwesterly along said curve to the left, through a central angle of 
73°37'41", an arc length of 366.24 feet to a point of non-tangency; 
Thence South 03°08'16" West, 108.59 feet; 
Thence North 01°51’44” West, 338.55 feet; 
Thence North 03°17’45” East, 162.96 feet;

EXHIBIT C 
 
Westpark Right of Way Abandonment (West of West Connector Road) 
[KEMF WP 3 West, LLC] 
 
(3 pages)

U:\1300\1386\SURVEY\DOCS\LEGALS\1386 WESTPARK - ROW ABANDONMENT (WEST OF WEST CONNECTOR ROAD) 
- LEGAL.docx 
Page 1 of 2 
WESTPARK 
RIGHT OF WAY ABANDONMENT (WEST)  
LEGAL DESCRIPTION 
 
A parcel of land situate within a portion of Westpark Connector Road Right of 
Way described in Special Warranty Deed recorded at Instrument number 
2009-0309268, Maricopa County Recorder’s Office, Maricopa County, being a 
portion of the Southeast Quarter of Section 23, Township 1 North, Range 4 
West of the Gila and Salt River Meridian, Maricopa County, Arizona, more 
particularly described as follows:  
 
COMMENCING at the East Quarter Corner of said Section 23, monumented 
by a ADOT Brass cap in hand hole stamped RLS 38862, dated 2010 from which 
the Southeast Corner of said Section 23, monumented by ADOT Brass cap in 
hand hole stamped RLS 38862, dated 2010, bears South 00°05’57” East, 
2662.94 feet as the Basis of Bearings; 
 
Thence South 00°05’57” East, along the easterly line of said Southeast Quarter, 
691.22 feet; 
 
Thence leaving said easterly line, South 89°54’03” West, 1393.57 feet to the 
POINT OF BEGINNING; 
 
Thence along the perimeter of said right of way the following 6 courses; 
 
Thence North 06°51’44” West, 168.12 feet; 
 
Thence North 59°20'56" West, 100.86 feet to the beginning of a non-tangent 
curve, concave northwesterly, whose radius point bears South 21°40'14" East, 
9945.00 feet; 
 
Thence southwesterly along said curve to the right, through a central angle of 
00°41'41", an arc length of 120.59 feet to a point of non-tangency; 
 
Thence North 22°38'57" West, 110.00 feet to the beginning of a non-tangent 
curve, concave northwesterly, whose radius point bears North 22°19'09" West, 
10055.00 feet;