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15855 characters
When Recorded Return to:
City Clerk, City of El Mirage
I 0000 N. El Mirage Road
El Mirage, AZ 85335
Exempt under A.R.S. § I I - I I 34(A)(2)
VEHICULAR NON-ACCESS EASEMENT AGREEMENT
This Vehicular Non-Access Easement Agreement (this "Easement Agreement") is made
this __ day of ______ , 20_, by and between BODE HOLDINGS LLC, an
Arizona limited liability company ("Grantor") and the CITY OF EL MIRAGE, an Arizona
municipal corporation ("Grantee").
RECITALS
A. Gran tor has a real property interest in or is the owner of that certain property located in
the City of El Mirage, Arizona, consisting of approximately 2.76 acres, legally known as
Assessor's Parcel Number 501-45-923 (the "Grantor Property").
B. Grantor wishes to grant to the Grantee a non-exclusive easement (the "Easement") solely
for vehicular non-access across the portion of the south property line of the Grantor
Property as shown on attached Exhibits "A", "B", "C", and "D" (the "Easement Area").
AGREEMENTS
NOW, THEREFORE, in consideration of the premises and promises contained herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
I. Grant of Easement. Grantor hereby grants and conveys to Grantee a perpetual, non-
exclusive easement over, on and across the portion of the Grantor Property constituting
the Easement Area, as described and depicted in Exhibits "A", "B", "C", and "D" hereto
for the sole purpose of providing vehicular non-access. Grantor reserves all rights to use
the Easement Area in any matter that does not materially interfere with such easement
grant to the Grantee.
2. Use of Easement Area. No structures shall be constructed, erected, or placed within the
limits of the Easement Area that would materially impair the intended use of the
Easement Area as a vehicular non-access area. No vehicular ingress, egress, access, or
passage across, over, or through the Easement Area shall be permitted. Notwithstanding
the foregoing, Grantor hereby reserves the right to impose reasonable limitations on any
public use or access to the Easement Area for purposes of safety, security, operational
considerations, and overall compatibility with the Grantor Property; to help ensure
consistency of such use(s) with applicable federal, state, and local laws and regulations;
for consistency with applicable provisions of any covenants, conditions, and restrictions
recorded against the Grantor Property; and to help ensure compatibility with other use(s)
on the Grantor Property.
3. Maintenance. Grantor agrees that the Grantee has no maintenance responsibilities for the
Easement granted herein. All maintenance shall be the responsibility of the owner of the
land over which the Easement is located.
4. General Provisions. The following provisions shall apply to this Easement:
a. The obligations which are imposed by this Easement shall also be considered to be
covenants running with the land, and all of the terms and conditions which are
contained and expressed in this Easement shall bind and inure to the successors and
assigns of the respective patties hereto.
b. This Easement will be enforced, construed, interpreted and governed, in all respects,
by and under the law of the State of Arizona.
c. No provision contained in this Easement shall be construed as creating a relationship of
principal and agent, or partnership or joint venture.
d. This Easement may not be amended, altered or revised except by a written instrument
signed by the then-current owner(s) of the Easement, and the Grantee, and such
amendment shall be recorded in the Recorder's Office of Maricopa County.
e. The captions which are used in this Easement serve as a description of the paragraph
contents only, and such captions are not intended to be interpretations of this
Easement. This Easement Agreement may be executed in counterparts, each of which
shall constitute an original, and all of which together shall constitute one and the same
instrument.
f. In the event that any party shall institute an action or proceeding against any other party
hereto to enforce, interpret, or seek damages for breach of any of the terms, provisions,
or conditions of this Easement Agreement, then the prevailing party in any such action
or proceeding shall be entitled to recover from the other party reasonable attorneys'
fees and costs incurred by the prevailing party in the prosecution or defense of any
such action or proceeding.
g. Any notice which one party wishes 0r is required to give to the other party will be
regarded as effective if such notice is in writing and either delivered (i) personally to
such party or (ii) by certified or registered mail, return receipt requested and postage
prepaid, or (iii) overnight courier, correctly addressed as set forth below. Any notice
so given shall be deemed to have been g iven upon receipt or refusal to accept delivery.
City:
City of El Mirage
I 0000 N El Mirage Road
El Mirage, AZ 85335
2
Owner:
Attn: City Manager
Bode Holdings LLC
3828 N 35 th Avenue
Phoenix, AZ 85017
Any party may file written notice of change of address with the other parties.
5. Non-use and Abandonment. Upon Grantee's abandonment of the Easement, or portion
thereof, al I right, title, and interest of Grantee in the Easement Area not used for the
purposes described above shall revert to Grantor, upon Grantor' s request. Non-use of the
Easement, or pottion thereof, for a continuous period of two (2) years or more shall be
conclusive evidence of the abandonment thereof, and Grantee wi ll, on demand, execute,
acknowledge, and deliver unto Grantor a good and sufficient deed quitclaiming to
Grantor all said right of way and Easement or such portion thereof as may be abandoned.
6. Grantee Indemnity of Grantor. Grantee hereby agrees to indemnify Grantor against and
hold it harmless from any and all loss, damage, liability for damages, costs and expenses,
whether for damage to or loss of property, or injury to or death of persons, which shall in
any way arise out of or be connected with the rights hereby granted, unless such damage,
loss, injury or death shall be caused by the sole or active negligence or willful misconduct
of Grantor.
7. No Dedication to the Public. Nothing contained herein shall be deemed to constitute any
gift or dedication to the public or for public use, any portion of the Easement Areas or the
Grantor's adjacent property, it being the intention and understanding of the parties that
this Easement Agreement be strictly limited to and for the purposes herein expressed and
is solely for the benefit of the parties
IN WITNESS TO THIS EASEMENT, the parties have caused this Easement to be executed as
of the day and year first above written, subject to all of the terms and conditions herein set forth .
CAUTION:
The above described easement may contain underground facilities, the location of
which must be verified as required by Arizona Revised Statutes, Section 40-360.21 et seq.
(Arizona Blue Stake Law) prior to excavation.
[SIGNATURE PAGES FOLLOW]
3
IN WITNESS WHEREOF, the Mayor and Council of El Mirage, Arizona, by its Mayor
and its Clerk, duly authorized, have affixed hereunto their hand and caused its official seal to be
affixed on this _____
day of _______ , 20_
STA TE OF ARIZONA
)
) ss.
COUNTY OF MARICOPA )
CITY OF EL MIRAGE, an Arizona municipal
corporation
Alexis A. Hermosillo, Mayor
The foregoing Vehicular Non-Access Easement was acknowledged before me this __
day of _ ____ , 20_, before me by Alexis A. Hermosillo, Mayor of the City of El
Mirage, an Arizona municipal corporation, and being authorized to do so, executed the foregoing
instrument on behalf of the City for the purposes therein stated.
My Commission Expires: _ ___ _
ATTEST:
Jill Boltz, City Clerk
Dated: -----------
Approval as to Form
By: ___ _______ _
Justin Pierce, City Attorney
Notary Public
[SIGNATURES CONTINUE ON NEXT PAGE]
4
State of Ar12 0YIOi
County of \t'v') a~ l CO Pti\
)
)ss
)
GRANTOR:
BODE HOLDINGS LLC,
an Arizona limited liability company
By ~ ~
Its: lrvsi
~-e.
AISY ARREDONDO
Notary Public, State of Arizona
Maricopa County
Commission# 67364 7
My Commissi on Expires
August 28, 2028
The foregoing Vehicular Non-Access Easement was acknowledged before me this l.:i__
day of F'lv~VS'I-
, 20 2'11, by Mic;.VJ/;\C: \ \2. 6od e
, the Tvvnee
of
Bode Holdings LLC, an Arizona limited liability company, and who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the and acknowledged to me
that he being authorized to do so, executed the foregoing instrument for the purposes therein
contained on behalf of Bode Holdings LLC, an Arizona limited liability company.
My Commission Expires: /tv 8 vs/- 25, 2 OZ tS
5
EXHIBIT A
Legal Description
West Vehicular Non-Access Easement
[Attached]
6
EXHIBIT '~"
DESCRIPnON OF
1' VEHICULAR NON-ACCESS EASEMENT
A PORnON OF LOT 2, OF THE FINAL PLAT FOR nNORTHEAST CORNER OF OLIVE A VENUE
AND EL MIRAGE ROAD", ACCORDING TO BOOK 987 OF MAPS, PAGE 46, RECORDS OF
MARICOPA COUNTY, ARIZONA, LOCATED WITHIN THE SOUTHWEST QUARTER OF SECnON
25, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARnCULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT A 3-INCH MARICOPA COUNTY BRASS CAP IN HANDHOLE STAMPED
n36171n (0.50' DOWN) MARKING THE SOUTHWEST CORNER OF SECnON 25 FROM WHICH
A 3-INCH MARICOPA COUNTY BRASS CAP FLUSH STAMPED "2007 RLS 621" MARKING
THE SOUTH QUARTER CORNER OF SAID SECnON 25 BEARS SOUTH 89 DEGREES 22
MINUTES 02 SECONDS EAST 2645.29 FEET, SAID DESCRIBED LINE BEING THE BASIS OF
BEARINGS FOR THIS DESCRIPnON,·
THENCE SOUTH 89 DEGREES 22 MINUTES 02 SECONDS EAST 240.02 FEET ALONG THE
SOUTH LINE OF SAID SOUTHWEST QUARTER TO THE SOUTHERL y PROLONGA noN OF THE
WEST LINE OF SAID LOT 2;
THENCE NORTH 00 DEGREES 02 MINUTES 10 SECONDS WEST 65.00 FEET ALONG SAID
SOUTHERL y PROLONGA noN TO A HALF-INCH REBAR WITH ORANGE PLASnC CAP
STAMPED "LS 45763n MARKING THE SOUTHWEST CORNER OF SAID LOT 2 AND THE
POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 02 MINUTES 10 SECONDS WEST 1.00 FEET ALONG THE
WEST LINE OF SAID LOT 2 TO THE NORTH LINE OF THE SOUTH 1.00 FOOT OF SAID
LOT 2;
THENCE SOUTH 89 DEGREES 22 MINUTES 02 SECONDS EAST 111.85 FEET ALONG SAID
NORTH LINE;
THENCE SOUTH 00 DEGREES 37 MINUTES 58 SECONDS WEST 1.00 FEET TO THE SOUTH
LINE OF SAID LOT 2;
THENCE NORTH 89 DEGREES 22 MINUTES 02 SECONDS WEST 111.84 FEET ALONG SAID
SOUTH LINE TO THE POINT OF BEGINNING.
COMPRISING 112 SQUARE FEET MORE OR LESS.
F
I
SU
OR
SURVEYING SERVICES, INC.
DATE: 8/7/2026
2122 W. Lone Cactus Dr.
Ste. 11, Phoenix, AZ
85027
623-869-0223 (office)
623-869-0726 ( fax)
www.superiorsurveying.com
info@superiorsurveying.com
JOB NO.: 202607095-EXl
EXHIBITB
Easement Area
West Vehicular Non-Access Easement
[Attached]
7
EXHIBIT "B"
LIN£ TABLE
DEPICTION OF
LIN£
BEARING
DIST.
1' VEHICULAR
NON-ACCESS EASEMENT
L1
L2
N 00·02'10" W 65.00'
N 00·02'10" W
1.00'
A.P.N.
M.C.R.
R/W
BK.
PG.
LEGEND
EASEMENT BOUNDARY LINE
CENTER LINE AND/OR
MONUMENT LINE
FOUND 1/ 2 " REBAR WITH
ORANGE PLASTIC CAP
STAMPED "LS 45763"
ASSESSORS PARCEL NUMBER
MARICOPA COUNTY RECORDS
~
~ <: I
~Cl~
...J "'< I
C)
l[)
RIGHT OF WA Y
L2
BOOK
PAGE
POINT OF
BEGINNING
LOT 2
A.P.N. 501- 45-923
1' VEHICULAR
NON-ACCESS EASEMENT
(112 SQ. FEET)
303.21 '
415.05'
L3
S 8972'02" £
111.85'
L4
S 00·37'58" W
1.00 '
:::,.
~
<: cp
(l l[)
·"I-
"'< I -
C)
l[)
NOT TO SCALE
240.02'
2405.27' ~
~---
S 8972'02" £
SOUTHWEST CORNER
SECTION 25, T-3N, R-1W
FOUND 3" MARICOPA COUNTY
BRASS CAP IN HANDHOLE
STAMPED "36171"
OLIVE A VENUE
(BASIS OF BEARINGS)
2645.29'
(0.50' DOWN)
POINT OF COMMENCEMENT
SU
SURVEYING SERVICES, INC.
DATE: 8/7/2026
SOUTH 1 4 CORNER
SECTION 25, T-3N, R-1W
FOUND 3" MARICOPA COUNTY
BRASS CAP FLUSH
STAMPED "2007 RLS 62 1"
2122 W. Lone Cactus Dr., Ste. 11
Phoenix, AZ
85027
623-869-0223 (office)
623-869-0726 (fax)
www.superiorsurveying.com
info@superiorsurveying.com
JOB NO.: 202607095-EXl
EXHIBIT C
Legal Description
East Vehicular Non-Access Easement
[Attached]
8
EXHIBIT "C"
DESCRIPnON OF
1' VEHICULAR NON-ACCESS EASEMENT
A PORnON OF LOT 2, OF THE FINAL PLAT FOR "NORTHEAST CORNER OF OLIVE A VENUE
AND EL MIRAGE ROAD~ ACCORDING TO BOOK 987 OF MAPS, PAGE 46, RECORDS OF
MARICOPA COUNTY, ARIZONA, LOCATED WITHIN THE SOUTHWEST QUARTER OF SECnON
25, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARnCULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT A 3-INCH MARICOPA COUNTY BRASS CAP IN HANDHOLE STAMPED
"36171" (0.50' DOWN) MARKING THE SOUTHWEST CORNER OF SECnON 25 FROM WHICH
A 3-INCH MARICOPA COUNTY BRASS CAP FLUSH STAMPED "2007 RLS 621" MARKING
THE SOUTH QUARTER CORNER OF SAID SECnON 25 BEARS SOUTH 89 DEGREES 22
MINUTES 02 SECONDS EAST 2645.29 FEET, SAID DESCRIBED LINE BEING THE BASIS OF
BEARINGS FOR THIS DESCRIPnON,·
THENCE SOUTH 89 DEGREES 22 MINUTES 02 SECONDS EAST 240.02 FEET ALONG THE
SOUTH LINE OF SAID SOUTHWEST QUARTER TO THE SOUTHERL y PROLONGA noN OF THE
WEST LINE OF SAID LOT 2;
THENCE NORTH 00 DEGREES 02 MINUTES 10 SECONDS WEST 65.00 FEET ALONG SAID
SOUTHERL y PROLONGA noN TO A HALF-INCH REBAR WITH ORANGE PLAsnc CAP
STAMPED "LS 45763" MARKING THE SOUTHWEST CORNER OF SAID LOT 2;
THENCE SOUTH 89 DEGREES 22 MINUTES 02 SECONDS EAST 142.34 FEET ALONG THE
SOUTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 37 MINUTES 58 SECONDS EAST 1.00 FEET TO THE NORTH
LINE OF THE SOUTH 1.00 FOOT OF SAID LOT 2;
THENCE SOUTH 89 DEGREES 22 MINUTES 02 SECONDS EAST 272. 70 FEET ALONG SAID
NORTH LINE TO THE EAST LINE OF SAID LOT 2;
THENCE SOUTH 00 DEGREES 00 MINUTES 09 SECONDS EAST 1.00 FEET ALONG SAID
EAST LINE TO A HALF-INCH REBAR WITH ORANGE PLASnc CAP STAMPED "LS 45763"
MARKING THE SOUTHEAST CORNER OF SAID LOT 2;
THENCE NORTH 89 DEGREES 22 MINUTES 02 SECONDS WEST 272.71 FEET ALONG THE
SOUTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING;
COMPRISING 273 SQUARE FEET MORE OR LESS.
SU
OR
SURVEYING SERVICES, INC.
DATE: 8/7/2026
2122 W. Lone Cactus Dr.
Ste. 11, Phoenix, AZ
85027
623-869-0223 (office)
623-869-0726 ( fax)
www.superiorsurveying.com
info@superiorsurveying.com
JOB NO.: 202607095-EX2
EXHIBITD
Easement Area
East Vehicular Non-Access Easement
[Attached]
9
EXHIBIT "D"
DEPICTION OF
1' VEHICULAR
NON-ACCESS EASEMENT
LEGEND
EASEMENT BOUNDARY LINE
CENTER LINE AND/OR
MONUMENT LINE
LOT 2
LINE TABLE
LINE
BEARING
DIST.
L1
N 00·02•10" W 65.00'
L2
N 00·37'58" E
1.00'
L3
S 89.22'02" E 272. 70'
L4
S 00-00'09" E
1.00'
L5 N 89.22'02" W 415.05'
:::,.
Lt)
~ ~
FOUND 1/2" REBAR WITH
ORANGE PLASTIC CAP
STAMPED "LS 45763"
A.P.N. 501-45-923
Q. Lt)
~i
A.P.N.
M.C.R.
R/W
BK.
PG.
ASSESSORS PARCEL NUMBER
MARICOPA COUNTY RECORDS
RIGHT OF WAY
L2
142.34'
BOOK
PAGE
-1
240.02' -..JI
POINT OF
BEGINNING
S 8922'02" E
SOUTHWEST CORNER
SECTION 25, T-3N, R-1W
FOUND 3" MARICOPA COUNTY
BRASS CAP IN HANDHOLE
STAMPED "361 71"
(0.50' DOWN)
POINT OF COMMENCEMENT
SU
1' VEHICULAR
c::,
Lt)
NON-ACCESS EASEMENT
(273 SQ. FEET)
272.71 '
L3
2405.27' ~
_,__ __ _
NOT TO SCALE
L4
OLIVE A VENUE
2645.29'
(BASIS OF BEARINGS)
SOUTH 1 4 CORNER
SECTION 25, T-3N, R- 1W
FOUND 3" MARICOPA COUNTY
BRASS CAP FLUSH
STAMPED "2007 RLS 621 "
SURVEYING SERVICES, INC.
2122 W. Lone Cactus Dr., Ste. 11
Phoenix, AZ
85027
623-869-0223 (office)
623-869-0726 ( fax)
www.superiorsurveying.com
info@superiorsurveying.com
DATE: 8/7/2026
JOB NO. : 202607095-EX2