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September 28, 2022
S2021001
Page 1 of 1
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
September 28, 2022
Case #/Title:
S2021001 – Fulton Homes Enclave Phase 1A
Supervisor District:
4
Applicant/Owner:
Brian Nicholls, EPS Group. Inc, / Fulton Homes
Request:
Final Plat for 42 residential lots and 8 tracts in the R1-6 RUPD
zoning district
Site Location:
Generally located NWC Perryville Rd. and Indian School Rd.
in the Buckeye area
Site Size:
Approximately 179 acres
County Island Status:
Yes (City of Buckeye)
Additional
Comments:
Staff considers this final plat to be in substantial conformance
with the approved Fulton Homes Enclave Preliminary Plat
(S2020003). The applicant has routed a copy of the plat to all
the municipalities within three miles of the subject property
and to all intended utility providers. There were no objections
to the request raised by any of these agencies. The plat meets
all applicable subdivision regulations and zoning regulations
of the R1-6 RUPD (Z2018115).
Recording fees will be furnished at the time of plat
recordation. All requirements of the Maricopa County
Department
of
Transportation, the
Maricopa
County
Environmental Services Department, the Flood Control District
of Maricopa County, and the Drainage Review Division of the
Maricopa County Planning and Development Department
have been met.
Recommendation:
Approval
Presented by:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
Letter to the Board of Supervisors (1 page)
Reduction of Final Plat (8 pages)
Narrative Report Summary (7 pages)
ADWR Certificate (3 pages)
City of Goodyear IGA (15 pages)
1130 N. Alma School Road, Suite 120, Mesa, AZ 85201 | T: 480.503.2250 | F: 480.503.2258 | www.epsgroupinc.com
GROUP
EPS
To:
Maricopa County
Board of Supervisors
501 N. 44th Street, Suite 200
Phoenix, AZ 85005
From: Brian Nicholls
EPS Group, Inc.
Alma School Rd., Ste. 200
Mesa, AZ 85201
Date: December 11, 2020
Re:
Fulton Homes Enclave
Board of Supervisors,
This letter is the formal request for approval of Fulton Homes Enclave. Fulton Homes. is the
responsible party for subdividing the land (please see contact information below). EPS Group,
Inc. is the responsible party for preparing the plat and verification of plat to cities and towns
within 3 miles.
Home builder contact info:
Fulton Homes
Attn: Norm Nicholls
9140 S. Kyrene, Suite 202
Tempe, AZ 85284
480.753.6789
nnicholls@fultonhomes.com
Please do not hesitate to contact me directly should you have any additional questions or
comments.
Regards,
Brian Nicholls, PE
EPS Group, Inc.
’
CERTIFICATION OF COUNTY ASSESSOR
CERTIFICATION OF COUNTY TREASURER
BOARD OF SUPERVISORS
CASE NUMBER: S2021001
VICINITY MAP
SITE
SURVEYOR'S CERTIFICATION STATEMENT
“
”
A PORTION OF THE EAST HALF OF SECTION 21,
TOWNSHIP 2 NORTH, RANGE 2 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA;
FINAL PLAT
Fulton Homes Enclave - Phase 1A
OWNER
BASIS OF BEARING
GENERAL NOTES
DEDICATION
ACKNOWLEDGMENT
SHEET INDEX
AREA SUMMARY TABLE
HOMEOWNERS RATIFICATION
ACKNOWLEDGMENT
LENDER OWNER STATEMENT
FLOOD INFORMATION
ENGINEER
Final Plat
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
Fulton Homes Enclave - Phase 1A
MARICOPA COUNTY, ARIZONA
A.G.
M.D.P.
19-0254
of 8
FP01
1
ASSURANCE STATEMENT –
PLANNING AND DEVELOPMENT
ACKNOWLEDGMENT
ACKNOWLEDGMENT
“
”
NOTICE OF FULTON HOMES ENCLAVE
DEVELOPMENT AGREEMENT
R1-6 RUPD
LOT AREA TABLE
R1-6 RUPD
LOT AREA TABLE
R1-6 RUPD
LOT AREA TABLE
TRACT USE TABLE
OVERALL AREA TABLE
LINE TABLE
LINE TABLE
CURVE TABLE
CURVE TABLE
CURVE TABLE
CURVE TABLE
R1-6 RUPD
LOT AREA TABLE
LINE TABLE
LINE TABLE
Typical Lot Setback
Typical Street Side
Lot Setbacks
R1-6 RUPD DEVELOPMENT STANDARDS
Final Plat
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
Fulton Homes Enclave - Phase 1A
MARICOPA COUNTY, ARIZONA
A.G.
M.D.P.
19-0254
of 8
FP01
SHEET 8
SHEET 7
SHEET 6
SHEET 5
SHEET 4
SHEET 3
SHEET INDEX MAP
NOTE
LEGEND
2
MCDOT DEPARTURE SIGHT TRIANGLES
ARTERIAL TO ARTERIAL
INTERSECTIONS
ALL OTHER INTERSECTIONS
Parcel 6
Parcel 4
Tract H
Final Plat
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
Fulton Homes Enclave - Phase 1A
MARICOPA COUNTY, ARIZONA
A.G.
M.D.P.
19-0254
of 8
FP01
60
0
60
120
scale
feet
SEE SHEET 5 OF 8
SEE SHEET 4 OF 8
3
LEGAL DESCRIPTION
PERRYVILLE ROAD
189TH AVENUE
CAMPBELL AVENUE
Tract H
Parcel 4
Parcel 5
Parcel 6
Tract H
Tract G
Tract F
CITY OF GOODYEAR
MARICOPA COUNTY
CAMELBACK ROAD
Final Plat
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
Fulton Homes Enclave - Phase 1A
MARICOPA COUNTY, ARIZONA
A.G.
M.D.P.
19-0254
of 8
FP01
60
0
60
120
scale
feet
SEE SHEET 6 OF 8
SEE SHEET 3 OF 8
4
Parcel 4
Parcel 1
Final Plat
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
Fulton Homes Enclave - Phase 1A
MARICOPA COUNTY, ARIZONA
A.G.
M.D.P.
19-0254
of 8
FP01
60
0
60
120
scale
feet
SEE SHEET 7 OF 8
5
SEE SHEET 3 OF 8
SEE SHEET 6 OF 8
187TH LANE
GLENROSA AVENUE
WESTVIEW DRIVE
189TH AVENUE
72
73
74
129
128
127
126
125
124
122
123
121
120
119
118
105
106
107
108
109
110
111
112
113
114
115
PERRYVILLE ROAD
Parcel 5
Parcel 3
Tract E
Tract G
Tract C
Tract F
Parcel 1
Parcel 2
Parcel 4
Tract F
Tract C
Tract F
CITY OF GOODYEAR
MARICOPA COUNTY
188TH LANE
Final Plat
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
Fulton Homes Enclave - Phase 1A
MARICOPA COUNTY, ARIZONA
A.G.
M.D.P.
19-0254
of 8
FP01
60
0
60
120
scale
feet
SEE SHEET 8 OF 8
SEE SHEET 5 OF 8
6
SEE SHEET 4 OF 8
INDIAN SCHOOL ROAD
Parcel 1
Final Plat
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
Fulton Homes Enclave - Phase 1A
MARICOPA COUNTY, ARIZONA
A.G.
M.D.P.
19-0254
of 8
FP01
60
0
60
120
scale
feet
SEE SHEET 8 OF 8
7
SEE SHEET 5 OF 8
189TH DRIVE
188TH LANE
MACKENZIE DRIVE
MONTEROSA STREET
INDIAN SCHOOL ROAD
189TH AVENUE
67
68
69
70
71
63
64
65
66
675
674
673
672
671
670
669
PERRYVILLE ROAD
Tract A
Tract D
Tract B
Parcel 2
Parcel 1
Parcel 1
Tract E
Tract C
CITY OF GOODYEAR
MARICOPA COUNTY
Final Plat
Project:
Sheet No.
Job No.
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Drawn by:
Reviewed by:
w w w . e p s g r o u p i n c . c o m
T:480.503.2250
F:480.835.1799
1130 N. Alma School Rd, Suite 120
|
Mesa, AZ 85201
Fulton Homes Enclave - Phase 1A
MARICOPA COUNTY, ARIZONA
A.G.
M.D.P.
19-0254
of 8
FP01
60
0
60
120
scale
feet
SEE SHEET 7 OF 8
8
SEE SHEET 6 OF 8
DETAIL "A"
Tract I
Tract I
FINAL PLAT FOR PHASE 1A
NARRATIVE REPORT
(Case No. S2021001)
Fulton Homes
Enclave
NWC of Indian School Road & Perryville Road
Maricopa County, Arizona
November 6, 2020
Revised November 17, 2021
9140 S. Kyrene Road, Suite 202
Tempe, AZ 85284
7144 E. Stetson Drive, Suite 300
Scottsdale, AZ 85251
(480) 240-5648
1130 N. Alma School Road, Suite 120
Mesa , Arizona 85201
(480) 503-2250
Table of Contents
1.
Purpose of Request ......................................................................................................... 1
2.
Description of Proposal .................................................................................................... 1
3.
Relationship to Surrounding Properties ............................................................................ 1
4.
Location & Accessibility .................................................................................................... 2
5.
Circulation System ........................................................................................................... 2
6.
Development Schedule .................................................................................................... 3
7.
Community Facilities & Services ...................................................................................... 3
8.
Public Utilities & Services ................................................................................................. 4
9.
Notice of Intent (NOI) for Stormwater Discharges ............................................................ 5
Vicinity Map
Fulton Homes Enclave
Maricopa County, Arizona
NARRATIVE REPORT – PHASE 1A FINAL PLAT | Page 1
1.
Purpose of Request
Fulton Homes Corporation (“Fulton Homes”) is the owner of 179.15 gross acres of agricultural
property located at the northwest corner of Indian School Road and Perryville Road (the
“Property”) within un-incorporated Maricopa County (the “County”). The Property is comprised of
APN’s 502-29-872, 502-29-006T, 502-29-016B, 502-29-016D, 502-29-016F, 502-29-016G, 502-
29-016H, 502-29-024, 502-29-025, 502-29-042A and 502-29-042B.
In February of 2019, the County’s Comprehensive Plan was amended to change the White
Tank/Grand Avenue Area Plan land use designation for the Property from “Large Lot Residential
(1-2 DU/Acre)” to “Single Family Transitional Lot (3-5 DU/Acre)” via Case No. CPA2018008.
Simultaneously, the Property was rezoned from “Rural-43” to “R1-6 RUPD” via Case No.
Z2018115 and approved for up to 675 total residential dwelling units (approximately 3.7 DU/Acre).
On September 24, 2020, a Preliminary Plat for “Fulton Homes Enclave” (Case No. S2020003),
consisting of 675 residential units designed in conformance with the R1-6 RUPD zoning, was
approved by the County Planning & Zoning Commission.
The purpose of this request by Fulton Homes is to secure approval of the first Final Plat and
associated improvement plans for Fulton Homes Enclave: Phase 1A (the “Final Plat”).
2.
Description of Proposal
The Final Plat is in substantial conformance with the approved Preliminary Plat. It effectively
functions as the “master plat” for Fulton Homes Enclave, dedicating the required half-street rights-
of-way for Perryville Road and Indian School Road adjacent to the Property, the full-street rights-
of-way for both collector streets through the Property, and platting the rest of the Property into
separate parcels (Parcels 1 – 6) for future subdivision into individual lots and tracts. The Final
Plat for Phase 1A also plats the individual lots and tracts within and adjacent to Fulton Homes’
planned model home complexes. The Final Plat is accompanied by improvement plans for Indian
School Road, Perryville Road, Master Grading Plans, and the Phase 1A improvement plans
(including the internal collector road and the local roads around the model homes), thereby
allowing Fulton Homes to construct these improvements, along with the model home complexes,
all with the initial phase of development.
3.
Relationship to Surrounding Properties
The requested Final Plat is compatible with the surrounding properties and will not significantly
alter the current feel and environment of the area. The Final Plat is bordered on the east by
Perryville Road and the existing “Sedella” master-planned residential community, which is zoned
PAD in the City of Goodyear and implements similar densities and lot sizes as those previously
approved for the Property and implemented by the proposed Final Plat. The Final Plat is bordered
on the west by the Beardsley Canal and vacant, undeveloped land currently zoned R1-35 in the
County. The Final Plat is bordered on the south by Indian School Road and an existing single-
family residential community known as “Litchfield Farms”, which is zoned Rural-43 in the County.
Finally, the Final Plat is bordered on the north by active agricultural acreage, including an
operating organic farm, all of which is zoned Rural-43 in the County. This request is fully
compatible with the existing and planned land uses of the surrounding properties.
Fulton Homes Enclave
Maricopa County, Arizona
NARRATIVE REPORT – PHASE 1A FINAL PLAT | Page 2
4.
Location & Accessibility
The Final Plat is located at the northwest corner of Indian School and Perryville Road,
approximately 2.5 miles west of the Loop 303/Indian School Road interchange, and 2 miles north
of the I-10/Perryville Road interchange. Primary access for the development will occur via two
collector streets to be constructed from both Indian School Road and Perryville Road. Completion
of Phase 1A and the associated improvements will establish both of these required points of
access.
5.
Circulation System
Indian School Road
As contemplated in the approved Preliminary Plat, half-street improvements and right-of-way
dedications for Indian School Road will occur with Phase 1A. Indian School Road is under the
jurisdiction of the County. Based on core samples taken from the existing roadway section, Fulton
Homes will mill and overlay the existing asphalt. Fulton Homes will construct the north half-street
per Figure 5.8 – Urban Principal Arterial of the County’s Roadway Design Manual. Fulton Homes
will construct the north-half street up to the western boundary of the Property as agreed to by
MCDOT. The existing Indian School Road improvements to the west of the Property consist of 2
lanes centered on the section line. In order to bring traffic up to this existing road section, Fulton
Homes will install a striping taper to the south of the typical half-street in order to transition traffic
back to the existing travel lanes west of the Property.
Perryville Road
As contemplated in the approved Preliminary Plat, half-street improvements and right-of-way
dedications for Perryville Road will occur with Phase 1A. Perryville Road is under the jurisdiction
of the City of Goodyear pursuant to an IGA between the City of Goodyear and the County. The
existing Perryville Road improvements were constructed on the east half to a City of Goodyear
minor arterial standard. Fulton Homes will construct the west half of Perryville Road to City of
Goodyear minor arterial standards as well, and then re-stripe the road for the full street
improvements. The Perryville Road improvements will be reviewed, approved, and permitted by
the City of Goodyear. Upon completion the road improvements and associated right-of-way will
be annexed by the City of Goodyear. MCDOT has already approved a reduction in the ultimate
right-of-way dedication for Perryville Road from 65’ to 55’, consistent with City of Goodyear
standards.
Collector Streets
As contemplated in the approved Preliminary Plat, primary ingress/egress for Fulton Homes
Enclave will occur via two collector streets to be constructed into the development with Phase 1A
from both Indian School Road and Perryville Road. The collector street configuration will also
serve to preserve continued access through the Property for the organic farm operator to the
north, who currently utilizes existing ingress/egress easements through the middle of the Property
from Indian School Road. Rather than trying to abandon these existing easements, it was agreed
with the County that the north-south collector street through the Property would be located over
the top of the easements and the County would accept the collector street right-of-way subject to
Fulton Homes Enclave
Maricopa County, Arizona
NARRATIVE REPORT – PHASE 1A FINAL PLAT | Page 3
them. The organic farm operator was involved in the development of this circulation plan and will
be able to access the collector streets via a private driveway at the north end of the Property.
Due to the above-referenced constraints in the location and alignment (very straight) of the
collector streets, Fulton Homes will construct a modified street section featuring raised
landscaped medians and a wider 90’ right-of-way (per the approved Preliminary Plat). The raised
landscape medians will serve to separate the lanes of traffic and allow Fulton Homes to stripe a
fairly narrow travel lane on each side to calm traffic and provide a safer environment. The
proposed landscape design within the medians will further promote traffic calming. The two
collector streets will then intersect at a large round-about creating a dramatic sense of arrival.
Internal parcels will all have access to the collector street system, providing quick and efficient
ingress/egress for residents of Fulton Homes Enclave. All landscaping within the collector street
rights-of-way will be maintained by the Fulton Homes Enclave Homeowners Association subject
to a future maintenance agreement with MCDOT.
6.
Development Schedule
Development of Fulton Homes Enclave will commence upon the County’s approval of the Final
Plat and associated improvement plans, which is anticipated to occur sometime in mid-2021.
Home sales are anticipated to being sometime in 2022, with buildout occurring sometime in 2027.
Parcels 1 through 6 created by the Final Plat constitute future phases of Fulton Homes Enclave
and will be re-platted via the submittal of new final plats to create the individual lots and tracts
within those parcels. It should be noted that the Final Plat for Phase 1B (a re-plat of Parcels 1 and
2) has been submitted concurrently with this application.
It is anticipated that Fulton Homes Enclave will be developed in four phases, as illustrated in
Exhibit A – Phasing Plan attached hereto. As indicated above, the initial development phase
will consist of both Phases 1A (model phase) and 1B, which includes the entire collector street
system. The required off-site utility infrastructure and improvements to Indian School Road and
Perryville Road will also be completed concurrently with Phases 1A and 1B. Phase 2 (Parcel 4)
and Phase 3 (Parcels 3 & 5) will likely only lag the initial development phase by a month or two,
with Phase 4 (Parcel 6) lagging approximately 1 year. Exact timeframes are estimates only and
will depend upon market conditions. Phases 2, 3 and 4 may also be taken out of sequence at
Fulton Homes’ discretion. Phasing has been carefully determined to ensure the required access
and utility loops will be provided at all times.
7.
Community Facilities & Services
Open Space & Amenities
Fulton Homes Enclave will feature a total of 32.83 acres of open space (approximately 18.6%
net), exceeding the 15% minimum required by the Property’s R1-6 RUPD zoning. The focal point
of Fulton Homes Enclave will be the large central amenity area located adjacent to the large
roundabout at the convergence of the two main entry roads into the development. This large
central amenity area will feature an aquatic center and active sports park and will be constructed
with Phase 1B, along with the individual neighborhood and/or pocket parks contained therein. All
Fulton Homes Enclave
Maricopa County, Arizona
NARRATIVE REPORT – PHASE 1A FINAL PLAT | Page 4
open space and amenities will be owned and maintained by the Fulton Homes Enclave
Homeowners Association.
Per the approved Preliminary Plat, Fulton Homes will be installing landscaping within the project’s
arterial, collector (including medians) and local street rights-of-way that is above and beyond the
“xeriscape” type landscaping typically allowed by the County. This is being done in order to create
an incredible experience for homebuyers as they drive through the community. For Fulton
Homes, navigating the adjacent and internal street networks is not just about getting from one
place to another, but also about enjoying a beautiful setting in which to live. All landscaping within
County rights-of-way at Fulton Homes Enclave will be maintained by the Fulton Homes Enclave
Homeowners Association. Fulton Homes will enter into a corresponding maintenance agreement
with MCDOT prior to approval and recordation of the Final Plat.
Regional Parks
Fulton Homes Enclave and the Final Plat are located just a few miles east of the White Tanks
Regional Park which offers numerous outdoor recreation opportunities.
Schools
Fulton Homes Enclave and the Final Plat are located within the Litchfield Elementary School
District and the Agua Fria Union High School District. Elementary and middle school age students
within Fulton Homes Enclave are anticipated to attend the new Belen Soto Elementary School
just across Perryville Road in the “Sedella” community. High School age students are anticipated
to attend Canyon View High School, approximately 2 miles north of the Property.
8.
Public Utilities & Services
Water Service
Fulton Homes Enclave and the Final Plat are located within the existing water service area
(“CC&N”) of Arizona Water Company, and water service will be provided by Arizona Water
Company per the terms of the executed Master Water Facilities Agreement between Arizona
Water Company and Fulton Homes. Fulton Homes has already made significant capital
improvement payments to Arizona Water Company to fund its construction of certain
infrastructure improvements to its overall system that will accommodate the additional growth and
development in the area.
Concurrent with the development Phase 1A, Fulton Homes will be installing off-site water line
improvements in Indian School Road and the internal collector street network, creating the looped
water system required to serve the project (there is an existing waterline in Perryville Road). Upon
completion of these improvements by Fulton Homes, Arizona Water Company will provide water
service to the project.
Sewer Service
Fulton Homes Enclave and the Final Plat will receive sewer service from EPCOR pursuant to the
terms of the executed Master Utility Agreement between EPCOR and Fulton Homes. Fulton
Fulton Homes Enclave
Maricopa County, Arizona
NARRATIVE REPORT – PHASE 1A FINAL PLAT | Page 5
Homes is working with EPCOR on both MAG 208 Amendment and CC&N expansion applications
that will bring the Property into EPCOR’s sewer service area. These applications will be approved
prior to the County’s approval and recordation of the Final Plats.
Concurrent with the development of Phase 1A, Fulton Homes will be installing a new lift station
and force main to convey wastewater flows from the project to EPCOR’s Russell Ranch Water
Reclamation Facility located just north of the northeast corner of Camelback Road and 181st
Avenue. Upon completion of these improvements by Fulton Homes, and approval of the MAG
208 Amendment and CC&N expansion applications, EPCOR will provide sewer service to the
project.
Refuse Collection
Various private trash collection providers are available in the area. It is anticipated that the Fulton
Homes Enclave Homeowners Association will contract with one of these providers to provide
service for the Final Plat. Homeowners will then be billed and pay for trash collection service
through the Homeowners Association.
Fire Protection Service
Fire protection services for Fulton Homes Enclave and the Final Plat will be provided by
the Buckeye Valley Fire District.
Police Service
Police services for Fulton Homes Enclave and the Final Plat will be provided by the
Maricopa County Sheriff’s Department.
9.
Notice of Intent (NOI) for Stormwater Discharge
(NOI will be provided as Exhibit B prior to approval of the Final Plat)
DOUGLAS A. DUCEY
Governor
ARIZONA DEPARTMENT of WATER RESOURCES
1110 West Washington Street, Suite 310
Phoenix, Arizona 85007
602.771.8500
azwater.gov
THOMAS BUSCHATZKE
Director
Via Electronic and Certified Mail
December 1, 2020
Michele Van Quathem
Law Offices of Michele Van Quathem, PLLC
7600 N 15th Street, Suite 150-30
Phoenix, AZ 85020
Re:
Certificate of Assured Water Supply
Fulton Homes Enclave
DWR File No. 27-701135.0000
Dear Ms. Van Quathem:
The Arizona Department of Water Resources (Department) has determined that the criteria for an Assured
Water Supply pursuant to A.R.S. § 45-576 and A.A.C. R12-15-701 et seq. have been met, and therefore the
Director has decided to issue Certificate of Assured Water Supply No. 27-701135.0000, attached.
Arizona Water Company – White Tanks will provide water to the subdivision. The source of supply will
be groundwater. The annual estimated water demand of the subdivision is 308.41 acre-feet per year for 675
lots, and the groundwater allowance for the subdivision for the 100-year period is 308.41 acre-feet. Pursuant
to A.R.S. § 45-578(F), the total projected average annual replenishment obligation at build-out for each plat
under the Certificate is 305.33 acre-feet per year.
The Department suggests you record your Certificate of Assured Water Supply in the appropriate county
recorder’s office. This will provide you with a permanent public record of the Certificate. This
determination is applicable only to the persons or entities specified on the Certificate and for the plat
reviewed by the Department, including non-material plat changes pursuant to A.A.C. R12-15-708.
Pursuant to A.R.S. § 41-1092.03, the Director’s determination and decision to issue the Certificate is an
appealable agency action. You are entitled to appeal this action. If you wish to appeal this action, you
must file a written appeal within thirty (30) days from receipt of this letter. A summary of the appeal
process and an appeal form are attached, should you elect to pursue this option.
Sincerely,
David L. McKay
Manager, AAWS & Recharge Permitting
DLM/evs
Page 2
Subdivision Name: Fulton Homes Enclave
File Number: 27-701135.0000
CC: Via Electronic Mail:
CAGRD
Arizona Department of Real Estate
Arizona Corporation Commission
Arizona Department of Environmental Quality
Arizona State Land Department
Ad*b S$") T-a).ac/$*) N0(b -ѷ CBJCHBCAABAAWG Gц.Q"хRҔAх5B &d2пIYZY$чп'-XE!
STATE OF ARIZONA
DEPARTMENT OF WATER RESOURCES
CERTIFICATE OF ASSURED WATER SUPPLY
This is to certify that
Eyherabide Properties, LLC, an Arizona limted liability company; Vincent & Rose-Ann
Eyherabide Family Trust U/T/A dated December 6, 1988, Owner, with Fulton Homes
Corporation, an Arizona corporation, and Fulton Home Sales Corporation, an Arizona
corporation, Buyers,
have met the requirements of A.R.S. §§ 45-576 and A.A.C.R12-15-701 et. seq., and
By powers vested in the Director of the Arizona Department of Water Resources by the
State of Arizona, and subject to the conditions contained in A.A.C. R12-15-701 et seq.,
are issued this Certificate of Assured Water Supply for
Fulton Homes Enclave
Township 2 North, Range 2 West, Section 21
GSRB&M Maricopa County, PHOENIX AMA
The referenced subdivision consists of 675 lots as described in the preliminary plat on file with the
Department, and has an estimated water demand of 308.41 acre-feet per year. The subdivision will
be served groundwater by Arizona Water Co - White Tanks.
This Certificate is invalid as to any entity not named above.
This Certificate may be assigned pursuant to A.A.C. R12-15-705.
Certificate Number: 27-701135.0000
ARIZONA DEPARTMENT OF WATER RESOURCES
____________________________________________
_____D_e_c_1_,_2_0_2_0____________
Program Manager
Date
TYPE A CERTIFICATE
Ad*b S$") T-a).ac/$*) N0(b -ѷ CBJCHBCAABAAWG Gц.Q"хRҔAх5B &d2пIYZY$чп'-XE!
WHEN RECORDED RETURN TO:
Maricopa County Department of Transportation
Intergovernmental Relations Branch
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
ADRIAN FONTES
20201075100 11/05/2020 08:21
ELECTRONIC RECORDING
C 64 20 051 X 00-15-1-1-
yorkxn
INTERGOVERNMENTAL AGREEMENT
C-64-20-051-X-00
BETWEEN MARICOPA COUNF^ AND
THE CITY OF GOODYEAR
FOR
PROVIDING FOR THE ANNEXATION, CONSTRUCTION, OPERATION AND
MAINTENANCE OF PERRYVILLE ROAD AS PART OF THE
FULTON HOMES ENCLAVE DEVELOPMENT
APPROVED BY THE MARICOPA COUNTS BOARD OF SUPERVISORS
ON THE 21ST DAY OF OCTOBER, 2020
DO NOT REMOVE
THIS COVER PAGE IS PART OF THE RECORDED DOCUMENT
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
20201075100
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INTERGOVERNtVlENTAL AGREEMENT BETWEEN
IVIARICOPA COUNTY AND CITY OF GOODYEAR
PROVIDING FOR THE ANNEXATION, CONSTRUCTION, OPERATION AND
IV1AINTENANCE OF PERRYVILLIE ROAD AS PART OF THE FULTON HOMES ENCLAVE
DEVELOPIVtfENT
(C.64-20"flSl-I^OO»
ThEs Intergovernmental Agreement (Agreement) Is between the County of Maricopa, a political
subdivision of the State of Arizona (County) and the City of Goodyear, 8 municipal corporation
(Goodyear). The County and Goodyear are collectively referred to as the Parties or
indivtduaHy as a Party.
STATUTORY AUTHORIZATION
1. The County Is authorized, pursuant to A.R.S. Section 11-251 and Sections 28-6701 et
seg.t to lay out, maintain, contro! and manage public roads within the County,
2. Public agencies are authorized, pursuant to A.R.S. SecfEon 11-951 0t seq.^ to enter into
tntergovernmentat Agreements for the provision of services or for joint or cooperative
action.
3. The City is authorized, pursuant to AXS. Section 9-240 and Secttons 9-276 et seq^ to
lay out and establish, regulate and Improve streets within the City and to enter into this
Agreement.
BACKGROUND
4. The Enclave is a residential development located within the County being developed
within the property reflected in the draft PreIEmfnary Plat attached hereto as Exhibit 1
(Enclave). The developer of The Enclave will be responsible for ultimate half-street
improvements to Perryvilte Road adjacent to the development (Project Improveinents).
The ultimate half-street improvements will be those required by the City of Goodyear
Engineering Design Standards and Guidelines for a Minor Arteria) Sh'eet, and will be
constructed within an existing City of Goodyear thfrty-three feet (33*) w!de right-of-way
and an additional twenty-two feet (22f) of right-of-way the developer of the residentlai
development will be required to dedicate to the County.
PURPOSE OF THE AGREEtVIENT
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6. The purpose of this Agreement is to provide for the design and construction of the west
half-street improvements to Perryvilie Road adjacent to the Enclave and for the future
ownership, operation and maintenance by Goodyear of such Improvements to Perryviile
Road.
TERIV1S OF TH£ A6REEIVIENT
6, Responsibilities of County:
0.1 County wilt require the developers of the Enclave to dedicate to the County on the
subdivision plal an actditional twenty-lwo feet (22*) of right-of-way resulting in a total
of fifty-five feet (55'} of right-of-way west of the section line of PerryvEEIe Road,
Q.2 County shall require the Project Improvements to be built to Goodyear standards,
tncludlng the requirement for a two-year warranty. County will not review emy plans
for such worR, shall not be liable for the design, construction, operation and
maintenance deficiencies of such work, and shall not require permits for such work.
6.3 County shall not Issue any certificates of occupancy for any structures, other than
temporary certificates of occupancies for model homes, within the Enclave until ali
of the Project Improvements have been completed.
7. Responsibilities of Goodyear;
7.1 Upon execution of thte Agreement and subject to the forms of this Agreement,
Goodyear shall assume full responsibility and liability for the design and construction
of the Project Improvements, Goodyear shall be responsible for reviewing and
approving the Project ImprovemQnts plans sind for permitting such work,
7.2 Unless otherwise agreed to in a writing approved by the County and Goodyear,
Goodyegr agrees to annex the Project Improvements and the right-of-way dedicated
to the County on the piat as more fully described in the legal description attached
hereto as Exhibit 2, provided that the Project Improvements are completed, as
approved by Ihe Ooodyear City Engineer, by November 30,2022.
7.3 Unless otherwise agreed to in a writing approved by the County and Goodyear»
Coodyear shall assume full responsibility and liability for the operation and
maintenance of the Project Improvements until Goodyear has annexed the
additional twenty-two '(22') of right-of-way dedicated to the County on the plat,
provided the Project Improvements are completed as approved by the Ooodyear
City Engineer by November 30, 2022.
OENERAl. TKRIV1S AND CONDITIONS
8. To the extent permitted by law, each Party will indemnify, defend and save the other Party
harmless. Including any of the Party's departments, agencies, officers, employees, elected
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offictais or agents, from and against at! toss, expense, damage or claim of any nature
whatsoever which is caused by any activity, condition or event arising out of the negligent
performance or nonperformance by the indemnifying Party of any of the provisions of this
Agreement. By entering into this Agreement, each Party indemnifies the other against all
liability, losses and damages of any nature for or on account of any Injuries or death of
persons or damages to or destruction of property arising out of or in any way connected
with the performance or nonperformance of this Agreement, except such injury or damage
as shall have been caused or contributed to by the negligence of that other Party* The
damages which are the subject of this indemnity shall Include but not be limited to the
damages incurred by any Party, its departments, agencies, officers, employees. elected
officials or agents. In the event of an action, the damages which are the subject of this
inciemnlty shall include costs, expenses of litigation and reasonable attorney's fees.
9, This Agreement shall become effecttve as of the date it Is approved by the governing
bodies of the Parties and remain In fut! force and effect until ail stipulations previously
tnciicated have been satisftedt except that it may be amended upon written Agreement by
all Parties,
10. This Agreement shall foe subject to the provisions ofA.R,S. Section 38-511.
11. The Parties warrant that they are in compliance with A.R.Q. Section 41t(4401 and further
acknowledge that:
11,1 Any contractor or subcontractor who is contracted by a Party to perform work on the
Project shall warrant their compttence with alt federal immigration laws and
regutatlons that relate to their employees and their compliance with A.R.S. SectEon
23-214(A), and shall keep a record of the verification for the duration of the
employee's employment or at least three (3) years, whichever is longer.
11.2 Any breach of the warranty shall be deemed a material breach of this agreement of
which breaching party may be liable for penalties including termination of the
aQreement
11,3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor or
subcontractor is comptyin^ with the warranty above end that the contractor agrees
to make all papers and employment records of s^id employee available during
normal working hours in order to facilitate such an inspection,
11,4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
12. Any contractor or subcontractor who engages in for-profit activity and has 10 or more
employeeSt if the value of the contract is a minimum of $1 »000,000, certify it Is not currently
engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of
goods or services from isrsel. This certification does not apply to a boycott prohibited by
50 aS.G. § 4842 or a regulation Issued pursuant to 50 U.8.C. § 4842,
13, Each Party to this Agreement warrants Ihat neither It nor any contractor or vendor under
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contract with the Party to provide Q0od6 or services toward the accomplishment of the
objectives of this Agreement is suspended or debarred by any federal agency which ti^s
provided funding that will be used in the Project described in this Agreement.
14, Each of the following shall constitute a matQrial breach of this Agreement and an event of
default ("Default') hereunder: A Party's failure to observe or perform any of the material
covenants, conditions or provisions of this Agreement to be observed or performed by that
Party ("Defauitingi Party"), where such failure shall continue for a period of thirty (30) daye
after the Defaulting Party receives written notice of such failure from the non-defaulting
Party provided, however, that such failure shall not be a Default If the Defaulting Party has
commenced to cure the Default within such ihirly (30) day period and thereafter is diligently
pursuing such cure to completion, but the total aggregate cure period shall not exceed
ninety (90) days unless the Parties agree in writing that additional time Is reasonably
necessary under such circumstances to cure such default. In the event a Defaulting Party
fails to perform any of its material obligations under this Agreement and is in Default
pursuant to this Section, the non-defaulflng Party, at its option, may terminate this
Agreement. Further, upon the occurrence of any Default and at any time thereafter, the
non-defaultlng Party may, but shall not be required to, exercise any remedies now or
hereafter available to It at law or in equity.
15. All notices required under this agreement to be given In writing shall be sent to:
Maricopa County Departmont of Transportation
Attn: Intergovemmental Relations Branch
2901 W. Durango Sttt6et
PhoenEx, Arizona 85009
City of Goodyear
Attn: City Manager
190N.Utchfie!dRoad
Goodyear, Arizona 85338
AH notices required or permitted by this Agreement or applicable Eaw ehalf be in writing and
may be delivered in person (by hand or courier) or may be sent by regular, certified or
registered mail or U.S, Postal Service Express Mail, with postage prepaid, ^nci shall be
deemed sufficiently given If served In a manner specified in this paragraph. Any Party may
by written notice to the other specify a different address for notice. Any notice mt by
registered or certtfied mail, return receipt requestedt shall be deemed given on the date of
delivery shown on the receipt carct, or If no delivery date Is shown, the postmark thereon.
If sent by regular mail, the notice shall be deemed given 72 hours after the notice is
addressed as required in this paragraph and nnailed with postage prepaid. Notices
delivered by United States Express Mail or overnight courier that guarantee next day
delivery shall be desmed given 24 hours after delivery of the notice to the Postal Service
or courier.
16- This Agreement does not imply authority to perform any {gsks, or accept any responsibility,
not expressly stateci in this AQreement
17. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Qoverning bocites of the Parties
pa^AoHtt
20201075100
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in such fiscal year. This Agreement may be terminated by any Party at the end of any fiscal
year due to non-appropriation of funds.
18. This Agreement shall be binding upon and Inure to the benefit of the Parties and-their
respective successors and assignees. Neither Party shall assign its interest En this
Agreement without the prior written consent of the other Party.
19, This Agreement and all Exhibits attached to this Agreement set forth alt of the covenants,
promises, agreements, conditions and understandings related to the Project between the
Parties to this Agreement, and there are no covenants, promises, agreements, conditions
or understandings, either orat or written, between the Parties related to the Project, other
than ^s set forth in this Agreement, and those agreements which are exocufed
contemporaneously with this Agreement, This Agreement shall be construed as a whole
and in accordance with its fair meaning and without regard to any presumption or other
rule requiring construction against the party drafting this Agreement. This Agreement
cannot be moctifted or changed except by a written instrument executed by ail of the Parties
hereto.
20* Sach Party has reviewed this Agreement and has had the opportunity io have If reviewed
by legal counsel
21. The waiver by any Party of any right granted to it under this Agreement is not a waiver of
any other right granted under this Agreement, nor may any waiver be deemed to foe a
waiver of a subsequent right obtained by reason of the continuation of any matter
previously waived.
22. Wherever possible, each provision of this Agreement shall be interpreted in sych a manner
as to be valid under applicable law, but if any provision shall be Invalid or prohibited under
the IstW, such provision shall be ineffective to the extent of such prohibition or invaildatfon
but shall not invalidate the remainder of such provision or the remaining provisions.
23, Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth In this Agreement or in any certificate or instrumQnt
executed or delivered pursuant to this Agreement shall survive the expiration or eariter
termination of this Agreement for a period of one (1) year
24. Nothing contained in this Agreement shall create any partnership, joint venture or other
agreement between the Parties hereto. Except a® expressly provided in this Agreement,
no term or provision of this Agreement is intended or 8hai! be for the benefit of ^ny person
or entity not a party to this Agreement, and no such other person or entity shaii have any
right or cause of action under this Agreement
25. Section or other headings contained in this Agreement are for reference purposes only and
shatf not affect in any way the meaning or interpretation of this Agreement.
26, This Agreement may be executed in two or more counterparts, each of which' shall be
deemed an original but all of which together shall constitute the same instrument. Faxed,
copied and scanned signatures are acceptable as original stgnatures,
27* The Parties will execute and/or deliver to each other such other instruments and
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documents as may be reasonably necessary to fulfill the covenants and obligations to be
performed by such Party pursuant to this Agreement.
28. The venue for any claim arising out of or In any way related to this Agreement shall be
Martcopa County, Arizona.
29. This Agreement shall be governed by the laws of the Stale of Arizona.
0?c/ of Agreement«Signature PQges Follow
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IN WITNBSS WHEKBOF, the Parties have executed this Agreement.
RflARICOPA COUNTY
rp* I AILS <"*
Recommended foyi
•DomWaneSbyi
Juw^r Wt
^WM^weas^esi.
Jennifer Toth, P.E,
Transportation Director
9/22/2020
Date
Approved and Accepted by:
Glint Hickman, Chairman
Boarct of Supervisors
Attest hy.f
Clerk of the Board
Date
Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
I hereby stale that I have reviewed the proposed [ntergovernmental Agreement and declare the
Agreement to be In proper form and within the powers and authority granted to the Board of
Supervisors under the lawe of the State of Arizona.
'DticuSiflrtBri by;
€^U ^sA^-
-^WM&fl'RWWw
9/22/2020
Deputy County Attorney
Date
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20201075100
DooltSlgn Envelope ID: EDE1A299-AA8C-4336"B'!D8-00562735'11GB
IN WITNESS WHEREOF, the Parties have executed this Agreement.
GiTYOFGOODYEAR
Recommended by:
y-^y
^•M
Date
Approved anc/ Accepted by:
/%^^^._.^L^ f-^Wo
Georgia Lord^/ Date
Mayor
Attest by:
Darcie McCracken, City Clsrl
f ^8^9 JO
Date
APPROVAL OF CITY ATTORNEY
I hereby state that! have reviewed the proposed IntergovernmentaE Agreement and declare the
Agreement to be in proper form ancf within the powers and authority granted to the City of
Goodyear by governing body under the laws of the State of Arizona^
Date
CaggBoHQ
20201075100
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Exhibit "1"
enclave Preliminary Plat
(On the following pages)
Page 9 of 10
20201075100
EXHIBIT T of AGREEMENT PAGES 9a - 9i,
(Preliminary Plat for Fulton Homes Enclave)
THESE PAGES ARE NOT INCLUDED, DUE TO ILLEGIBLE AND
SMALL FONT SIZE, AND THEREFORE NOT BEING
RECORDABLE.
SHOULD YOU NEED TO SEE THESE EXHIBIT PAGES,
PLEASE CONTACT:
MARICOPA COUNTT DEPARTMENT OF
TRANSPORTATION'S
INTERGOVERNMENTAL RELATIONS BRANCH
LOCATED AT
2901 W. DURANGO ST., PHOENIX, AZ 85009
OR, YOU MAY CALL 602-506-8600, AND A STAFF MEMBER
OF THIS BRANCH CAN ASSIST YOU.
WE APOLOGIZE FOR ANY INCONVENIENCE.
20201075100
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Exhibit (ill)
Legal Description for
Enclave Future Annexation
(On the following p^iges)
Page 10 of 10
20201075100
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legal Description
Fulton Homes enclave
Annex
Job No. 19-0254 May 12, 2020
A portion of East Ha!f of Section 21, Township 2 North/ Range 2 West/ of the Gila
and Salfc Rtver Meridian^ Marlcopa County/ ArE^ona/ and more particularly described
as follows:
COMMENCING at a 3" C.O,G, brass cap in a hand hole at the southeast comer of
said Section 21, from which a 3ff C.O,G. brass cap In a hand hole at the south
quarter comer of said Section 21, bears North 89 degrees 20 minutes 44 seconds
West (an assumed bearing) at a distance of 2/649.31 feet;
thence North 0 degrees 23 nninutes 00 seconds East/ along the east line of the
Southeast Quarter of said Section 21, 47.16 feet;
thence North 89 degrees 37 minutes 00 seconds Wesfc/ 33.00 feet to a point on the
wesfc line of the east 33.00 feet of said Southeast Quarter/ said point being the
POINT OF PEGINNING;
thence North 89 degrees 20 mEnutes 44 seconds West/ along the notth line of the
south 47.00 feet of said Soufeheast Quarter, 22,00 feet to a point on the west line of
the east 55.00 feet of said Soufcheasfc Quarter;
thence North 0 degrees 23 minutes 00 seconds East/ along said west line, 2,590.54
feefc;
thence North 0 degrees 23 minutes 02 seconds East/ along the wesfc line of the east
55.00 feet of the Northeast Quarter of said Section 21, 329.70 feet to a point on
the norfch fine of the South Half of the South Half of the Southeast: Quarter of the
Northeast Quarter of said Section 21;
thence South 89 degrees 35 minutes 36 seconds East/ along said north line/ 22.00
feet to a point on the west line oftheegsfc33.00 feet of said Northeast: Quarter;
thence South 0 degrees 23 minutes 02 seconds West/ along said west line/ 329<69
feet;
fchence South 0 degrees 23 minutes 00 seconds West, along the west line of the
east 33.00 feet: of the Southeast Quarter of said Secfcion 21, 2/590<65 feet to the
POINT OF BEOXNNING.
ePS C-iroitp, Inc. o 1130 MAIma School Road, Suite 120&Mes^AZ 85201
Tel W 503.0259 ^ ^t (^80) 503"?,250
$:\Pro]ectsttOI9\19-02S4\L%alSurvfi^l<!$.(IA!9.02S4enchv$-Annw.<loo;
Page 10a
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Containing an area of 64/247 square feefc or i.4749 acres, more or less.
EPSOroitpi Inc.o lt30MAlma School Ftoact, Suite 120 <a Mesa, AZ 85201
Tel (<'l80) 303.0250 o Fasc (^00) 503-2250
$;\Pfo}ectsttOi9li9.025<i\Leg;ilSwv^\L<i^ils\l<>.0254Enc)<iv<i-AnnE<.(iocx
Page 10b
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I
-fI
<n
IIi
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V)
iI^
NORTHEAST CORNER
SECTION 21. m CT
CAICULATEO POSiTO
S89TO6X
22.00'
SOUTH QUARTER CORNER
SECTION 21, T2N, R2W
FOUND 3" C.O.G. BRASS
'CAP IN HAND HOLE
T2NR2W21 S28
2012 RLS 26411
A^—
^
r
EAST QUARTER CORNER
SECW ^1. m R2w
FOUND y CM BRASS
CAP IN HAND HOLE
64,247 S£-
1.4749AC
N89'20'44"Vt
22.00'
^ N89WW
N89t2(WW 2,649.31*
POINT OF COMMENCEMENT
SOUTHEAST GOm
SECTION 21, T2N. R2W
FOUND 3" C.OA BRASS
CAP IN HAND ?
RLS 22782
N.T.S.
Futton Homes Enclave
Annex
EXHIBIT
1130 N. Atma Sctiool Rd.
S6e. 120 Mesa, A2 83X01
r:<180.503,;Z5ftlf:fla0.5(H.2I58
Ci H 0 UP www.spsgrouplnc.cam
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