Resolution

RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF MESA,
MARICOPA COUNTY, ARIZONA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A DEVELOPMENT
AGREEMENT RELATING TO THE DEVELOPMENT PROJECT
COMMONLY KNOWN AS “THE GROVE AT LEHI” LOCATED NORTH
OF MCDOWELL ROAD AND EAST OF THE 202 RED MOUNTAIN
FREEWAY APPROXIMATELY WITHIN THE 2600 TO 2800 BLOCKS OF
EAST LEHI ROAD
WHEREAS, The Grove at Lehi Community Association (“Developer”) owns the common
areas of The Grove at Lehi, a residential development of approximately 42 acres within the 2600
to 2800 blocks of East Lehi Road (west side) located north of McDowell Road and east of the 202
Red Mountain Freeway in Mesa, Arizona. The common areas are legally described in Exhibit A
(the “Property”); and
WHEREAS, the Property abuts certain real property owned and managed by the State of
Arizona through its Department of Transportation (“ADOT”) or the “ADOT Property”; and
WHEREAS, Developer desires to improve the aesthetic of the land surrounding the
Property, and therefore wishes to install certain landscape improvements, including trees and
irrigation infrastructure on the ADOT Property (the “Landscape Improvements” or the “Project”);
and
WHEREAS, ADOT does not allow private improvements on its property, but does allow
governmental entities to install and maintain such improvements if they obtain an encroachment
permit; and
WHEREAS, the City of Mesa (the “City”) desires to assist Developer in its effort to
beautify the ADOT Property and therefore applied for, and ADOT issued, an encroachment permit
for the Landscape Improvements on the ADOT Property; and
WHEREAS, City and Developer desire to enter into a development agreement for the
primary purpose of outlining the responsibilities of Developer as it pertains to the Landscape
Improvements and the ADOT encroachment permit (“Development Agreement”); and
WHEREAS, Arizona Revised Statute § 9-500.05 authorizes the City to enter into a
development agreement with any person or entity having an interest in real property in Mesa
providing for development rights and restrictions thereon so long as the development agreement
is consistent with the City’s general plan or specific plan, if any, applicable to the property on the
date the development agreement is executed; and
WHEREAS, City Council hereby determines it is appropriate to enter into a Development
Agreement as contemplated herein.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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MESA, MARICOPA COUNTY, ARIZONA, AS FOLLOWS:
Section 1: That the City Manager, or his designee, is authorized and directed to enter into the
Development Agreement related to the Property, together with all other documents and amendments
thereto, necessary to carry out the provisions of such agreement.
Section 2: That the City Manager, or his designee, is authorized to make any modifications and
amendments to the terms set forth in the Development Agreement so long as such modifications do
not materially alter the overall structure of the agreement as it was presented to the City Council.
Section 3: That the City Clerk is authorized and directed to attest to the signature of the City
Manager, or his designee, on all documents set forth in Section 1 and Section 2.
PASSED AND ADOPTED by the Council of the City of Mesa, Maricopa County, Arizona
this 2nd day of November, 2026.
APPROVED:
Mark Freeman, Mayor
ATTEST:
Holly Moseley, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Tracts B–K, according to the plat recorded in the Office of the County Recorder of Maricopa
County, Arizona, in Book 1641 of Maps, Page 4.
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