Extracted text (via ocr_local)
35253 characters
When recorded, return to:
City Clerk
City of Chandler
P. O. Box 4008, Mail Stop 606
Chandler, AZ 85244-4008
DEVELOPMENT AGREEMENT
between
City of Chandler,
an Arizona municipal corporation
and
NXP USA, Inc.,
a Delaware corporation
Approved by the Chandler City Council on
DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”) is entered into this 13th day of
September 2023 ("Effective Date”), by and between the City of Chandler, an Arizona
municipal corporation (“City”) and NXP USA, Inc., a Delaware corporation (“NXP”). City and
NXP may be referred to individually in this Agreement as a “Party” and collectively as the
“Parties.”
RECITALS
A. On , the Chandler City Council approved Resolution No.
authorizing the Mayor to enter into this Agreement.
B. NXP is the owner of that certain real property located within the City of
Chandler as more particularly described on Exhibit “A” attached to this Agreement (the
“Property”), on which it conducts the design and manufacture of embedded semiconductors.
Cc. City and NXP, as successor-in-interest to Motorola, Inc., are parties to that
certain Water Service Agreement dated November 28, 1983, under which City reserved for
the exclusive use of NXP, 300,000 gallons of water storage in a reservoir located near Knox
Road and Arrowhead Drive in Chandler that is part of the Brooks Crossing Water Production
Facility (the “Brooks Crossing WPF”).
D. City and NXP, as successor-in-interest to Motorola, Inc., are parties to that
certain Development Agreement dated March 30, 1998, under which City constructed a well
located on NXP’s campus at 1300 N. Alma School Road, Chandler, Arizona, Arizona
Department of Water Resources (“ADWR”) Well Registration No. 55-566802 (the “Orchid Lane
Well") for the delivery of groundwater to the Property. The term “Process Water” as used in
the Development Agreement dated March 30, 1998, and in this Agreement means
groundwater. Other than as expressly provided herein, nothing in this Agreement shall
affect the rights and obligations of the Parties under the Development Agreement dated
March 30, 1998.
E. From approximately 1998 until 2019, City supplied Process Water to the
Property that was sourced from the Orchid Lane Well. In approximately 2019, the Orchid
Lane Well suffered a casing failure and has been inoperable since that time.
F. City currently delivers Process Water to NXP that is sourced from a well located
at West Calle del Norte Street and North Arrowhead Drive in Chandler, ADWR Well
Registration No. 55-701589 (the “Brooks Crossing Well”) that is also part of the Brooks
Crossing WPF.
G. The Brooks Crossing WPF is a part of the City’s water distribution system. The
Brooks Crossing WPF requires extensive rehabilitation which is currently expected to begin
in fiscal year 2024-25. Subject to Recital J, City retains the right at any time and in its sole
discretion to take the Brooks Crossing WPF out of service if major maintenance is required
sooner than the extensive rehabilitation is scheduled and proceeding with operations would
pose a risk of damage to the equipment, infrastructure, or any other aspect of the Brooks
Crossing WPF. The determination of major maintenance and the associated risks shall be
made by City based on a reasonable assessment of the situation, taking into consideration
industry standards and best practices. The Parties recognize that when the Brooks Crossing
WPF is restored to service after the completion of full rehabilitation, the Brooks Crossing WPF
will be solely dedicated to the City’s water distribution system, provided however that repairs
(i) before the planned full rehabilitation project is initiated (ii) that result in the temporary
unavailability of the Brooks Crossing WPF to provide Process Water to NXP, will not affect the
continuing delivery of Process Water from the Brooks Crossing WPF when it is returned to
service after such repairs City commits to provide NXP with periodic updates on the planned
start date for the full rehabilitation project, and, at least 180 days prior notice of a firm start
date for this project. While the Brooks Crossing WPF will be solely dedicated to the City’s
water distribution system following completion of the full rehabilitation project, NXP’s access
to the City’s water supply grid through the Brooks Crossing WPF shall remain in place for
potential future use as may be necessary.
H. From time to time, City uses a shared Salt River Project (“SRP”) well located at
the West Knox Road and North Evergreen Street in Chandler, ADWR Well Registration No.
55-224149 (the “Apache/Knox Well") to supply Process Water to NXP (the “Apache/Knox
Well”). The Apache/Knox Well is owned by SRP, and SRP retains the right at any time and in
its sole discretion, to direct water produced from the Apache/Knox Well to its canal system,
preventing flows from reaching City and/or NXP.
I, The Apache/Knox Well requires maintenance. The Parties understand that
SRP is conducting repairs on the Apache/Knox Well on an ongoing basis but that there
remain production capacity limitations on this well. The Parties are collaborating and will
continue to collaborate to encourage SRP to increase the production capacity of this well so
that it can serve as an option to provide Process Water to NXP should the Brooks Crossing
WPF suffer an operational failure before the Replacement Well, as defined below, becomes
operational or City requires the Brooks Crossing WPF to be taken out of service. Specifically,
City will communicate to SRP the criticality of the Apache/Knox Well to NXP during any period
when it is the sole source of Process Water to NXP.
J. The Parties recognize that the Replacement Well, as defined below, will not be
installed until, at the earliest, sometime in the first six months of calendar year 2025. The
Parties further recognize that NXP may not be able to develop an alternate source of Process
Water that meets NXP’s water quality needs before the Brooks Crossing WPF must be taken
out of service. City makes no guarantees that the Brooks Crossing WPF will remain
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operational until the Replacement Well becomes operational. However, City will delay the
rehabilitation planned for the Brooks Crossing WPF for as long as is reasonably practicable,
subject to Recital G and taking into account alternative water supply and water quality
options available to NXP to allow NXP to continue manufacturing operations without
disruption. This commitment is made by City with the understanding that NXP is assuming
the risk of operational failure of the Brooks Crossing WPF and that NXP is further assuming
the risk that the Apache/Knox Well will not be available to supply water to NXP.
K. The Parties intend this Agreement to address the conditions, terms,
restrictions and requirements for the construction, financing, operation, and maintenance
of a replacement well to serve the Property, as authorized under A.R.S. § 9-500.05.
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1. Incorporation of Recitals. The recitals set forth above are incorporated as
binding terms of this Agreement.
2. Process Water Public Infrastructure.
a. Design, Construction, Installation, and Equipping of Replacement
Well(s). NXP shall design a replacement well to deliver Process Water to the Property at the
location and in substantial conformance with the plans described in Exhibit “B” (the
“Replacement Well”). City shall review the design within 20 business days of submission and,
to the extent that design changes are requested, will work with NXP’s contractor to achieve
an approved design within 20 business days of receipt of the contractor's submission in
response to a change request. While City commits to achieve an approved design within
these turnaround times, City will not be responsible for any delays in the approval of the
design caused by NXP’s contractor. After approval of the design by City, NXP will construct,
install, and equip the Replacement Well and related required infrastructure to meet the
timing requirement in Paragraph 2.b. At its option, City shall have the right to review and
approve any field changes made to the design of the Replacement Well and to have a City
representative present on-site to observe the construction and installation of the
Replacement Well.
i. Prohibition of Used Parts. Used parts shall not be purchased in
the initial construction and equipping of the Replacement Well. This prohibition extends to
all structural elements, mechanical systems, electrical systems, fixtures, finishes, and any
other components specified in the Replacement Well plans and specifications. “Used parts”
under this Agreement means any materials, components, or equipment that have been
previously owned, utilized, but excludes refurbished parts or equipment.
ii, Refurbished Equipment; Documentation. City and NXP will work
cooperatively to assess the refurbishment plan for all materials, components, or equipment
in the design to establish reliability. Refurbished materials, components, or equipment will
have non-obsolete, supportable, and serviceable replacement parts and NXP shall maintain
an inventory list and associated documentation of refurbished materials, components, or
equipment deemed suitable for continued use. NXP shall provide documentation and
evidence of the origin and/or purchase of all the Replacement Well materials, components,
and equipment upon City’s written request.
b. Timing. NXP shall complete the design, construction, installation, and
equipping of the Replacement Well within 730 days of the Effective Date (“Replacement Well
Completion Date”), unless the availability of a well installation contractor causes a delay in
this schedule. If and when it becomes apparent that delays have or will result such that the
Replacement Well Completion Date will not be met, NXP shall inform City as promptly as
reasonably possible.
c. Financing. NXP shall pay the costs of design, construction, installation,
and equipping of the Replacement Well except that City is responsible for any costs
associated with the Replacement Well that the City incurs prior to Final Acceptance (as
defined below), including the costs of a consultant or the costs to review the design of the
Replacement Well or to monitor the construction, installation, and equipping of the
Replacement Well.
d. Permitting. NXP shall apply for all permits to construct and operate the
Replacement Well, including permits from City, ADWR, the Arizona Department of
Environmental Quality ("ADEQ"), and Maricopa County Environmental Services, as applicable;
provided, however, that in the event ADWR or the other agencies require City to submit
permit applications on behalf of NXP, City will submit the necessary application(s) and NXP
will provide support. Otherwise, City will provide support, including written support, of NXP’s
permit applications to ADWR, ADEQ, and Maricopa County Environmental Services, as
applicable. Because the City must approve design of the Replacement Well as set forth in
Paragraph 2.a above, if a permit is required from City, the City will act expeditiously to issue
the permit following design approval.
e. Abandonment of Orchid Lane Well. City shall apply for an ADWR permit
for the abandonment of the Orchid Lane Well. Following permit approval by ADWR, and no
later than 180 days after the Replacement Well design has been approved by the Parties,
NXP shall abandon the Orchid Lane Well in compliance with any acceptable alternative
allowed by ADWR and shall be responsible for the removal and disposal of any related
infrastructure and equipment that is not salvaged by City (at its option following a written
request by City to NXP). Should the City opt to salvage any such infrastructure and
equipment, it shall be solely responsible for all costs associated with the segregation and
removal of such infrastructure and equipment and any additional costs incurred by NXP to
remove such infrastructure and equipment to make it available for salvage.
f. Ownership and_ Final Acceptance. Upon completion of the
Replacement Well, NXP shall convey ownership of the Replacement Well and related permits
to City, together with the appropriate easement(s) for access, operation, and maintenance
of the Replacement Well. The form of the deed conveying ownership and the form of the
easement(s) shall be consistent with the provisions of this Agreement and determined by
mutual agreement of the Parties, and NXP shall execute and deliver all necessary documents,
instruments, and recordings required to formalize the deed and the easement(s)
conveyance, including any necessary legal descriptions and surveys. City shall deliver a
written notice of acceptance of the Replacement Well in accordance with Chandler City Code
(“Final Acceptance”). City shall own, operate, and maintain the Replacement Well following
City’s Final Acceptance thereof, subject to Paragraphs 2.g and 2.h below.
g. Warranty Period. NXP shall warrant the Replacement Well and all
related infrastructure paid for by NXP to be free from defects in design, construction,
equipment, and installation for a period of one year, commencing as of the date City delivers
Final Acceptance of the Replacement Well.
h. Operation and Ordinary Maintenance. Upon NXP’s conveyance of the
Replacement Well to City, and subject to the Warranty Period provided above, City shall be
responsible for the maintenance of the Replacement Well up to a maximum of $150,000 per
year (“Ordinary Maintenance”). For purposes of this paragraph, “Ordinary Maintenance”
shall include the repair and replacement of the following components of the Replacement
Well: chlorination equipment; Programmable Logic Computer (PLC) and radio telemetry
communication equipment; instrumentation equipment including flow meter, pressure
transducer, and remote monitoring equipment; electrical equipment including well motor
and starter, breakers, switch gear, Automated Transfer Switch (ATS), back-up generator, and
local disconnect; mechanical equipment including above-ground piping, valves, and well
enclosure; and site security including lighting, signage, and fencing/block wall. If the cost of
Ordinary Maintenance is expected to exceed the annual cap of $150,000, or a repair or
replacement outside of Ordinary Maintenance arises, City shall afford NXP the opportunity
to review and approve such excess expenses before they are incurred. NXP shall be
responsible for paying for the NXP-approved expenses that exceed the annual cap of
$150,000 or are outside of Ordinary Maintenance. City’s obligation to operate and maintain
the Replacement Well does not include an obligation to repair or replace the Replacement
Well in the event of failure, as defined in Paragraph 2.1 below, nor does it obligate City to
deliver water of a particular quality. NXP staff will promptly notify City staff regarding
maintenance needs or performance issues related to the well's ongoing operation.
i. Failure Event. Failure events include, but are not limited to, excessive
sanding, loss of volume, loss of pump capacity, loss of structural integrity, subsidence, or a
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change in the quality of water produced. City shall notify NXP of any failure event affecting
the Replacement Well, and NXP shall, within 30 days of notification of a failure event, engage
with City to discuss alternative sources of water that can be made available to NXP. If the
Replacement Well experiences a failure, City will provide NXP with Process Water from the
Apache/Knox Well to the extent available and as rapidly as is possible to prevent or minimize
impacts on NXP’s manufacturing operation. If the volume of water from the Apache/Knox
Well is inadequate for NXP’s needs, City will make the Brooks Crossing WPF available and use
its best efforts to accommodate NXP's requirements on an emergency basis to avoid impacts
to NXP’s manufacturing operation while the parties engage in discussion regarding
alternative sources of water. City and NXP will work cooperatively to resolve the
Replacement Well failure if the Replacement Well failure can be resolved by a repair or some
other remedial action. Notwithstanding the foregoing, this Agreement places no obligation
on either party to reach an alternative.
j. Additional Wells. Any additional wells necessary to provide Process
Water to NXP shall be designed, constructed, conveyed, operated, and maintained in
accordance with this Section 2.
3. Maximum Water Use. The Property shall be limited to no more than 2,500,000
gallons per day (“gpd”) peak demand and 2,000,000 gpd average annual demand of Process
Water from the Replacement Well(s) (“Maximum Water Use’).
a. Penalties for Exceedance. Penalties for an exceedance of the
Maximum Water Use at the Property shall be as provided under Chandler City Code Chapter
52, Article VI.
b. Fees and Charges. NXP agrees to pay all applicable fees and charges
associated with City’s delivery of Process Water to the Property, and to comply with the
provisions of Chandler City Code Chapter 52 for the design, permitting, installation and
inspection of the water meter and other infrastructure necessary for City to deliver Process
Water to the Property.
c. No Guarantees. City shall use its best efforts to deliver but does not
guarantee the delivery of any volume of Process Water under this Agreement. City makes
no guarantee as to the quality of Process Water to be delivered under this Agreement. NXP
acknowledges that certain situations beyond City’s control, including, but not limited to,
Operational requirements, regulatory requirements, acts of nature, or unforeseen
circumstances, may arise that could prevent the delivery of Process Water as specified in this
Agreement. In the event that City, despite undertaking reasonable efforts to do so, is unable
to complete the delivery of Process Water under this Agreement due to the foregoing
constraints, City shall not be held liable or responsible for the non-delivery of Process Water.
4. Survival of Water Service Agreement. The Water Service Agreement entered
into between the Parties effective November 28, 1983 remains in effect.
5. Assignment. NXP’s rights and obligations under this Agreement may not be
transferred or assigned without the written approval of City, however, NXP may transfer or
assign the rights and obligations under this Agreement to a corporate subsidiary or affiliate
upon written notice to City. NXP shall remain liable for the performance of NXP’s obligations
under this Agreement following any transfer or assignment that is made without City’s
written approval.
6. Notices. Except as otherwise required by law, any notice, demand or other
communication required to be given by this Agreement (each, a “Notice”) shall be in writing
and shall be given by (i) personal delivery; (ii) by certified or registered United States Mail,
return receipt requested or by United States Priority Mail; or (iii) by any nationally recognized
express or overnight delivery service (e.g., Federal Express or UPS), with all postage and other
delivery charges prepaid and addressed to the Parties at their respective addresses set forth
below, or at such other address as a Party may designate in writing pursuant to the terms of
this paragraph:
To NXP: Attn: Facilities Director
NXP Semiconductors
1300 N. Alma School Rd.
Chandler, AZ 85224
And: Attn: Engineering Manager
NXP Semiconductors
1300 N. Alma School Rd.
Chandler, AZ 85224
With copy to: Attn: Legal Department
NXP Semiconductors
6501 William Cannon Drive West
Austin, TX 78735
To City: Public Works & Utilities Director
City of Chandler
215 E. Buffalo St., Suite 202
Chandler, AZ 85225
And: Economic Development Director
City of Chandler
175 S. Arizona Ave., Fifth Floor
Chandler, AZ 85225
With copy to: City Attorney/Risk Manager
City of Chandler
175 S. Arizona Avenue, Second Floor
Chandler, AZ 85225
7. Effective Date of Notices. Regardless of delivery method, any Notice will be
deemed effective upon actual delivery or refusal to accept delivery by the addressee.
Notwithstanding the foregoing, no payment shall be deemed to be made until received in
good and available funds by the intended payee. The Parties hereby acknowledge and agree
that any Notice transmitted solely by facsimile or by electronic mail shall be deemed
ineffective.
8. Cooperation; Further Acts. The Parties agree to cooperate with each other
consistent with this Agreement, as reasonably necessary to facilitate the design,
construction, installation, and equipping of the Replacement Well in accordance with the
terms of this Agreement. In furtherance of the foregoing, each of the Parties shall execute
and deliver all such documents and perform all such acts as reasonably necessary, from time
to time, to carry out the matters contemplated by this Agreement.
9. Compliance with City Code and Design Standards. Other than as expressly
provided in this Agreement or by laws of general application, NXP shall comply with any
applicable requirements for submission and approval of a preliminary and final plat and site
plan under Chapter 48 of the Chandler City Code, and, if applicable and not otherwise
covered by this Agreement, shall obtain appropriate City permits for the installation of the
Replacement Well and perform the installation in compliance with applicable Chandler City
Code requirements and applicable technical design manuals.
10. Cumulative Remedies. In addition to any other rights or remedies, either Party
may institute legal action to cure, correct, or remedy any default, to enforce any covenant or
agreement herein, or to enjoin any threatened or attempted violation, including suits for
declaratory relief, specific performance, relief in mandamus, and actions for damages. All
remedies described above shall be cumulative and not constitute a waiver or election with
respect to any other available remedy.
11. Right to Offset. The non-breaching Party shall be entitled to offset against any
sums due the breaching Party, any expenses or costs incurred by the non-breaching Party,
or damages assessed due to the breaching Party's non-conforming performance or failure
to perform, including expenses to complete work and other costs and damages incurred by
the non-breaching Party.
12. Venue; Attorneys’ Fees. Any legal actions instituted pursuant to this
Agreement must be filed in the County of Maricopa, State of Arizona, or in the Federal District
Court in the District of Arizona. In any legal action, the prevailing party in such action will be
9
entitled to reimbursement by the other Party for all reasonable costs and expenses of such
action, including reasonable attorneys’ fees as may be fixed by the court.
13. Conflicts of Interest. No member, official or employee of City may have any
direct or indirect interest in this Agreement, nor participate in any decision relating to the
Agreement which is prohibited by law. All Parties hereto acknowledge that this Agreement is
subject to cancellation pursuant to the provisions of Arizona Revised Statutes § 38-511.
14. No Partnership; Third Parties. It is not intended by this Agreement to, and
nothing contained in this Agreement shall, create any owner-contractor, contractor-
contractor, employer-employee, partnership, agency, or joint venture relationship between
or among any or all the Parties hereto. No term or provision of this Agreement is intended
to, or shall, be for the benefit of any person, firm, organization, or corporation not a party
hereto, and no such other person, firm, organization or corporation shall have any right or
cause of action hereunder.
15. Entire Agreement. This Agreement constitutes the entire agreement between
the Parties pertaining to the subject matter hereof. All prior and contemporaneous
agreements, representations, and understandings of the Parties, oral or written, are hereby
superseded and merged herein. However, this paragraph does not apply to the
Development Agreement dated March 30, 1998 or the Water Service Agreement which
remain in force except to the extent modified by this Agreement.
16. Amendments. No change or addition is to be made to this Agreement except
by written amendment executed by the Parties hereto.
17. Governing Law. This Agreement is entered into in Arizona and shall be
construed and interpreted under the laws of the State of Arizona.
18. Severability. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be valid under applicable law, but if any provision of this
Agreement shall be conclusively determined to be invalid or unenforceable to any extent,
such provision shall be ineffective to the extent of such invalidation or unenforceability, but
such determination shall not invalidate the remainder of such provision or the remaining
provisions of this Agreement.
19. Counterparts. 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 one and
the same instrument. The signature pages from one or more counterparts may be removed
from such counterparts and such signature pages all attached to a single instrument so that
the signatures of all Parties may be physically attached to a single document.
10
20. Recitals; Exhibits. The Recitals of this Agreement are incorporated herein by
reference and form a part of this Agreement. The Parties agree that all references to this
Agreement include all Exhibits designated in and attached to this Agreement, such Exhibits
being incorporated into and made an integral part of this Agreement for all purposes.
21. Time of Essence. Time is of the essence of this Agreement and each provision
of this Agreement.
22. Recordation. The City will cause this Agreement to be recorded in its entirety
in the Official Records of Maricopa County, Arizona, not later than 10 days after execution of
the Agreement by the Parties and shall thereafter promptly provide a recorded copy of this
Agreement to NXP.
23. Warranty Against Payment of Consideration for Agreement. NXP warrants
that it has not paid or given, and will not pay or give, any third person any money or other
consideration for obtaining this Agreement, other than normal costs of conducting business
and costs of professional services such as architects, consultants, engineers, and attorneys.
24. — Non-liability of City Officials and Employees. No member, official or employee
of the City will be personally liable to NXP, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to NXP or its
successor, or on any obligation under the terms of this Agreement.
25. Authority to Execute. The person signing this Agreement on behalf of NXP
represents and warrants that they have the necessary authorization to enter into this
Agreement on behalf of the corporation and to bind the corporation to the terms and
conditions of this Agreement.
26. No Waiver. Except as otherwise expressly provided in this Agreement, any
failure or delay by any Party in asserting any of its rights or remedies as to any default, will
not operate as a waiver of any default, or of any such rights or remedies, or deprive any such
Party of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert, or enforce any such rights or remedies, including but not limited
to rights and remedies existing at common law.
27. Governing Statutes. References are made in this Agreement to specific
sections of the Arizona Revised Statutes and Chandler City Code. Any such references mean
the statute in effect on the date of the execution of this Agreement and any subsequent
renumbering or reordering of those provisions.
28. Nolsrael Boycott. By entering this contract, NXP certifies that it is not currently
engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.
11
29. No Forced Uygher Labor. By entering into this Agreement, NXP certifies that
NXP is not currently engaged in, and agrees for the duration of this Agreement, not to engage
in the forced labor of ethnic Uyghurs in the People’s Republic of China, including utilizing any
goods or services produced by the forced labor of ethnic Uyghurs and/or utilizing any
contractors, subcontractors, or suppliers that use the forced labor or any goods or services
produced by the forced labor of ethnic Uyghurs, as defined by A.R.S. § 35-394.
[Signatures on following page.]
12
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name and
on its behalf by its Mayor and its seal to be hereunder duly affixed and attested by its City
Clerk, and NXP has signed the same, on or as of the day and year first above written.
CITY OF CHANDLER, an Arizona municipal
ATTEST: corporation
City Clerk Mayor Kevin Hartke
APPROVED AS TO FORM:
City Attorney 2
NXP USA, INC., a Delaware corporation
6 DA Weer
Its: is President
STATE OF TEXAS )
)ss.
County of Travis )
Subscribed and sworn to before me this 13th day of _ September, 2023, by
Jennifer Wuamett in his or her capacity as ___ President of
NXP USA, Inc., a Delaware corporation.
Nétary Pyplic
My Commission Expires:
have, MARY JO STRICKLAND
jotary Public, State of Texas
Comm. Expires 04-09-2027
BoE Notary ID 131966023
—
13
EXHIBIT “A”
Legal Description of the Property
EXHIBIT "A"
LEGAL DESCRIPTION FOR
PARCEL NO. 302-81-006D
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1
SOUTH, RANGE 5 EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20, BEING A
BRASS CAP IN HANDHOLE, FROM WHICH THE EAST QUARTER CORNER OF
SAID SECTION 20, BEING A BRASS CAP IN HANDHOLE BEARS NORTH 00°07'42"
EAST (BASIS OF BEARING), A DISTANCE OF 2641.44 FEET;
THENCE NORTH 00°07'42" EAST, A DISTANCE OF 1390.28 FEET;
THENCE DEPARTING SAID LINE, NORTH 89°52'18" WEST, A DISTANCE OF 71.00
FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF ALMA SCHOOL ROAD
AS DESCRIBED IN SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO.
1998-0896460, MARICOPA COUNTY RECORDER'S OFFICE, (M.C.R.);
THENCE NORTH 89°52'18" WEST, A DISTANCE OF 87.39 FEET TO THE MOST
SOUTHEAST CORNER OF WELL SITE PARCEL AS DESCRIBED IN SPECIAL
WARRANTY DEED RECORDED AS DOCUMENT NO. 1998-0911664, (M.C.R.);
THENCE ALONG THE BOUNDARY LINE OF SAID WELL SITE PARCEL, SOUTH
89°57'55" WEST, A DISTANCE OF 59.58 FEET;
THENCE NORTH 00°12'33" EAST, A DISTANCE OF 45.97 FEET, TO THE POINT
OF BEGINNING;
THENCE SOUTH 89°57'55" WEST, A DISTANCE OF 23.00 FEET;
THENCE NORTH 00°02'05" WEST, A DISTANCE OF 66.83 FEET;
THENCE NORTH 89°57'55" EAST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 00°02'05" EAST, A DISTANCE OF 41.66 FEET;
THENCE NORTH 89°54'33" EAST, A DISTANCE OF 61.34 FEET;
THENCE SOUTH 00°02'05" EAST, A DISTANCE OF 31.65 FEET;
THENCE SOUTH 89°57'55" WEST, A DISTANCE OF 46.77 FEET;
THENCE NORTH 00°12'30" EAST, A DISTANCE OF 6.42 FEET;
THENCE SOUTH 89°57'55" WEST, A DISTANCE OF 16.60 FEET, TO THE POINT
OF BEGINNING.
CONTAINING 3,517 SQUARE FEET OR 0.081 ACRES, MORE OR LESS.
SUBJECT TO EXISTING RIGHTS-OF-WAY AND EASEMENTS.
Title: LEGAL DESCRIPTION
Project #: 2023047
fF t
Date: 08/17/2023 FR | — J}
Scale: N/A CONSULTING
LAND SURVEY © MAPPING SOLUTIONS
WWW RLECONSULTINGCOM e« <e0——<s-c1ISeo
EXHIBIT "B"
LEGAL EXHIBIT FOR he
PARCEL NO. 302-81-006D
EAST QUARTER CORNER
SECTION 20, T1S, R5E
FOUND BRASS CAP
IN HANDHOLE
N.S.
Ls APN: 302-81-006D
OWNER: FREESCALE
x SEMICONDUCTOR |
DEED: 2004-0357960, (M.C.R.)
bi | a
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ti~_-tag 7 8 = z
P.0.B. L7 ® to
| o APN: 302-81-006E I < ae
¢/ OWNER: CITY OF CHANDLER 3 ot
wy | DEED: 1998-0911664, (M.C.R.) Vic
oF) ; N
é . VA . . Ww
SL __ 59.58 87H LR 10
& $89" 57'55"W N89° 52' 18"W N8Q° 52° 18"W ¥
P.O.C. ale
SOUTHEAST CORNER alo
LINE TABLE SECTION 20, T1S, R5E %
FOUND BRASS CAP So
LINE | LENGTH | BEARING IN HANDHOLE 3
L1 23.00 $89° 57'55"W | L6 31.65 $0° 02' 05"E
L2 66.83 NO®* 02' 05"w L7 46.77 $89° 57' 55"W
L3 25.00 N89° 57' 55"E L8 6.42 NO° 12' 30"E
L4 41.66 S0° 02' 05"E Lo 16.60 $89° 57' 55"W
L5 61.34 N89° 54' 33"E
Title: EXHIBIT
Project #: 2023047
Date: 08/17/2023
Scale: N/A CONSULTING
LAND SURVEY § MAPPING SOLUTIONS
WWW RLECONSULTING COM « <60——<5-c1680
N
Page: 2of
EXHIBIT "C"
CLOSURE REPORT FOR
PARCEL NO. 302-81-006E
CLOSURE
$89°57'55" W 23.00
NO0°02'05"W 66.83
N89°57'55" E 25.00
$00°02'05"E 41.66
N89°54'33"E 61.34
$00°02'05"E 31.65
$89°57'55" W 46.77
NO0°12'30"E 6.42
$89°57'55"W 16.60
Area =3,517 0.081 AC
Closing course: 90°15'03" 0.003
Precision: 1/114,224
North Error: 0.000
East Error: 0.003
Title:
Project #: 2023047
Date:
Scale:
Page:
CLOSURE REPORT
08/17/2023
N/
1 of
>
ay
LAND SURVEY © MAPPING SOLUTIANS
WWW RLECONSULTINGCOM « <60——5-cI680
EXHIBIT “B”
Design Plans for Replacement Well
i ia
DRILL PIPE &
STAGING at
LOCATION wa
~ PROPOSED LIMITS;
NEW/MODIFIED LAND
_DEED AREA
WHENEVER POSSIBLE, ~~
» LIGHT PLANT LOCATION (TYP) ARRANGE
LIGHTS TO SHINE WEST AND NORTH TO
o *7 MINIMIZE GLARE TO RESIDENTS TO THE
KEEP 20' CLEAR FOR
PROPOSED WELL
EXISTING PIPELINE
MOTOROLA, INC. ("GRANTOR")
© CITY OF CHANDLER ("GRANTEE")
* ANEASEMENT TO CONSTRUCT,
OPERATE AND MAINTAIN A DRAINAGE
PIPELINE BENEATH THE SURFACE OF
THE LAND LOCATED IN THE DRAWING
FOR THE PURPOSE OF TRANSPORTING «
PURGE WATER FROM THE WATER WELL.
* ANEASEMENT TO CONSTRUCT,
OPERATE AND MAINTAIN A WATER .
PIPELINE BENEATH THE SURFACE OF
THE LAND LOCATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA
DESCRIBED IN THE DRAWING
OPERATE AND MAINTAIN A WATER
PIPELINE BENEATH THE SURFACE OF
THE LAND DESCRIBED IN THE DRAWING.
GRANTEE MAY PURGE WATER INTO
RETENTION BASIN DURING PERIODS OF
HEAVY PRECIPITATION.
REFER TO CITY OF CHANDLER
STORMWATER MANAGEMENT PLAN
APPENDIX A - DRAINAGE MAP
SEE SPECIAL WARRANTY DEED AND
GRANT EASEMENTS AGREEMENT DATED
10/13/1998 BY H, PURCELL
‘SOURCE: MATRIX DRAWINGS, DEI DRAWINGS DATED
7/15/1998, AND NXP DRAWINGS DATED 11/20/2021.
~ PURGE LINE TO RETENTION BASIN
MATRIXNEWORLD
Tet 002.955.5647
Fen 973-240-1818
see anew
Engincering Progress
3035 Noh 44% Siret, Suto 270
Phoweix Avona 85018
Q- a
~
FIRE DEPTACCESS // LOCATION
lf} Tih Z
REMOVE <j |”
MARKED TREES Te =
AND REGRADE — CA 1
7t sil :
EXISTING WELL ~—<1 ROLL OFFS STAGING LOCATION
LOCATION ————
(TO BE ABANDONED) 7 PROPOSED NEW 21,000 GAL
| 4 Ni 12" LINE; CONNECT STORAGE TANKS
i EXISTING 12" TOEXISTING gropage STAGINGLOCATION
| wareR LINE TO 6a AREA EXISTING
ea RETENTION i
EXISTING city / ; f _ DEPRESSION /
S) LAND BY DEED - Jy
/ \ —
PROPOSED ~ \
=; DEMO EXISTING — Seen ee anaee
WELL PAD _ a = |
il Fos a —
ALMA SCHOOL ROAD
ran SO ——— re)
——— PROPOSED SITE PLAN
EASEMENT NOTES: * AN EASEMENT TO CONSTRUCT, LEGEND:
DRILL RIG EQUIPMENT LOCATIONS
PROPOSED WELL NEW PIPELINE
EXISTING PIPELINE
ZL, EXISTING EASEMENT
PROPOSED DEMOLITION/EXISTING LIMITS
PROPOSED AMENDED DEED LIMITS
ASSUMED EXISTING WATERLINE FROM NXP DRAWINGS.
SITE PLAN
1300 N ALMA SCHOOL RD
CITY OF CHANDLER
MARICOPA COUNTY, ARIZONA, 85224
affins C-2
sneer 6 oF 14