VNAE Agreement

City of El Mirage — Regular Meeting (2026-09-01)

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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