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When recorded return to:
City of El Mirage
City Clerk
10000 N. El Mirage Road
El Mirage, AZ 85335
DEVELOPMENT AGREEMENT
PEORIA AVENUE
EL MIRAGE, ARIZONA
THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into this 7" day of
July, 2026 ("Effective Date") by and among COMPASS DATACENTERS PHX II, LLC, a
Delaware limited liability company f/k/a COMPASS DATACENTERS PHxX II-L, LLC ("Common
Area Owner"), COMPASS DATACENTERS PHX IIA, LLC, a Delaware limited liability
company (“Lot 1 Owner”), COMPASS DATACENTERS PHX IIB, LLC, a Delaware limited
liability company (“Lot 2 Owner”), COMPASS DATACENTERS PHX IIC, LLC, a Delaware
limited liability company (“Lot 3 Owner”), and the CITY OF EL MIRAGE, an Arizona
municipal corporation ("City"). Common Area Owner, Lot 1 Owner, Lot 2 Owner, and Lot 3 Owner
are each an “Owner” and collectively referred to herein as the “Owners”.
RECITALS
WHEREAS, Common Area Owner is the owner of that certain property located in the City
of El Mirage, Arizona, consisting of approximately 60.4632 acres, legally described in Exhibit "A-
1" attached hereto and incorporated herein by reference (the "Common Area");
WHEREAS, Lot 1 Owner is the owner of that certain property located in the City of El
Mirage, Arizona, and legally described in Exhibit "A-2" attached hereto and incorporated herein
by reference (the "Lot 1");
WHEREAS, Lot 2 Owner is the owner of that certain property located in the City of El
Mirage, Arizona, and legally described in Exhibit "A-3" attached hereto and incorporated herein
by reference (the "Lot 2");
WHEREAS, Lot 3 Owner is the owner of that certain property located in the City of El
Mirage, Arizona, and legally described in Exhibit "A-4" attached hereto and incorporated herein
by reference (the "Lot 3”, with the Common Area, Lot 1, Lot 2 and Lot 3 being collectively
referred to herein as the “Property”;
WHEREAS, the City requires that Common Area Owner, as part of the development of the
Property, construct certain offsite improvements along Peoria Avenue as described in Exhibit C
attached hereto (the "Peoria Avenue Improvements");
WHEREAS, Arizona Public Service (APS) has a proposed regional project that will include,
without limitation, work identified on Exhibit B attached hereto (the "APS Improvements"). The
Development Agreement -— Peoria Ave
July 7, 2026
estimated completion date for this work is 2027.
WHEREAS, Owners and City desire to facilitate the development of the Property as a part
of the City's growth and development. In furtherance of this aim, Owners and City have cooperated
in the preparation of this Agreement;
WHEREAS, Common Area Owner desires to defer the Peoria Avenue Improvements (the
"Deferred Improvements") until the APS Improvements have been completed along the project’s
Peoria Avenue frontage as the existing power poles would obstruct or hinder the installation of the
roadway, curb, sidewalk, drainage structures, etc. along this corridor. The term “along the project’s
Peoria Avenue frontage” within this document is meant to include all offsite work along the
Common Area Owner’s property along Peoria Avenue as well as the roadway taper and related
appurtenances proposed to the west of the site
WHEREAS, Owners will likely request a Certificate of Occupancy for building(s) to be
constructed upon the Property, and open for business prior to the completion of the Deferred
Improvements;
WHEREAS, the City is agreeable to the deferment as more particularly described in this
Agreement;
WHEREAS, Owners and City desire to enter into this Agreement in order to set forth the
rights and obligations of each party with respect to the construction of the Deferred Improvements
and timing for the same; and
WHEREAS, pursuant to the provisions of Arizona Revised Statutes Annotated ("A.R.S.")
§§ 9-500.05, et seq., Owners and City are authorized to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions, it
is agreed as follows:
IL. INCORPORATION OF DOCUMENTS AND RECITALS. All documents and
exhibits referred to in this Agreement are hereby incorporated by this reference into this
Agreement, and the Recitals stated above are hereby incorporated by reference into this Agreement
and made a part hereof.
2, COMPLIANCE. The determinations of the City in this Agreement and the
assurances provided to Common Area Owner in this Agreement are provided pursuant to and as
contemplated by A.R.S. § 9-500.05 and other applicable law, bargained for and in consideration for the
undertakings of Common Area Owner set forth herein and contemplated by this Agreement and are
intended to be and have been relied upon by Common Area Owner in undertaking the obligations of
development of the Property.
3. RIGHTS AND BURDENS RUN WITH THE LAND. The rights and obligations
established under this Agreement are attached to and run with the Property. Upon the Effective
Date of this Agreement, each Owner and any successors or assigns with respect to the Property are
Development Agreement — Peoria Ave
July 7, 2026
entitled to exercise the rights granted and to perform the obligations required pursuant to this
Agreement.
4, DESCRIPTION OF THE DEFERRED IMPROVEMENTS. The City agrees to
accept the deferment of the Deferred Improvements until the APS Improvements along the project’s
Peoria Avenue frontage are completed.
5. CONDITIONS OF THE DEFERRED IMPROVEMENTS. The City agrees to
accept the deferment of the Deferred Improvements with several conditions described in Sa
through Se below.
a. Engineering Permit for Deferred Improvements, An updated Engineering
Permit (and any other approvals, ifany, required to be provided by the City) for the Deferred Improvements
will be provided by the City at the APS Completion Date noted in Sb below.
b. Timing of Construction of Deferred Improvements. Once the APS
Improvements are completed along the project’s Peoria Avenue frontage, the City will provide the
Owners with a letter memorializing such completion (with the date of such letter being the “APS
Completion Date”). All Deferred Improvements shall be completed by Common Area Owner to
the reasonable satisfaction of the City within 1 year of the APS Completion Date.
c. Advancement of Deferred Improvements. If the lack of the installation of
the Deferred Improvements causes or threatens to cause safety issues within the City's right of way,
the installation of the Deferred Improvements, either in a temporary or permanent manner, will be
required by the City. The Common Area Owner and City will cooperate to expedite the installation
of these additional improvements.
d. Delay or Cancelation of APS Improvements. If the APS Improvements are
delayed beyond 2027 the City may provide the Owners with a letter allowing for the extension of this
Agreement and the letter will note the new estimated completion date. If the APS improvements are
canceled or delayed for a period of time that the City reasonably deems to be excessive, the City will
provide the Owners with a letter to contact APS to start the process of converting the overhead utility
lines to underground along the project’s Peoria Avenue frontage (the “Commencement Letter”). All
Deferred Improvements shall be completed by Common Area Owner to the reasonable satisfaction of
the City within 2 years of the date of that Commencement Letter.
e. Emergency Access Driveway. An emergency access driveway on Peoria
Avenue will be required in the interim condition to allow emergency vehicles access to and from the
site. The driveway shall either be as shown on the approved plans included in Exhibit C or it shall be a
temporary driveway that is deemed satisfactory to the Fire Department.
6. ASSURANCE. The City hereby agrees to issue a Certificate of Occupancy with
respect to any building(s) that have been permitted prior to this Agreement and/or any future
improvements and/or alterations that are permitted by the City to be constructed upon the Property,
prior to the completion of the Deferred Improvements (and completion of Deferred Improvements
shall not be a requirement to the issuance of a Certificate of Occupancy for any building(s) on the
Property). The City shall not unreasonably withhold, condition or delay any permits or approvals
for any buildings, improvements and/or alterations, and the parties acknowledge that completion
of Deferred Improvements shall not be a condition to any such permits or approvals. The parties
Development Agreement — Peoria Ave
July 7, 2026
acknowledge and agree that the City, prior to issuing any Certificate of Occupancy, requires
Common Area Owner to provide appropriate and necessary assurances that the requirements set
forth in this Agreement will be completed (the "Deferred Improvements Assurance") in an amount
to be determined by Section 152.137 of the City Code. In such case, the Common Area Owner
may elect, with the approval of City, which approval shall not be unreasonably withheld, any one
of or a combination of the following methods of assurance. All such assurances provided by the
Common Area Owner shall comply with the applicable provisions of the City's regulations relating
to assurances:
(a) Common Area Owner may file with the City a performance bond.
(b) Common Area Owner may deliver to the City an irrevocable and
unconditional stand-by letter of credit.
(c) Other appropriate assurance allowed by the City Code.
The City agrees that within thirty (30) days from the City's approval of the
completed Deferred Improvements for which the Common Area Owner has provided assurances,
the City shall release such Deferred Improvement Assurances, in whole or in part, as may be
appropriate under the circumstances, in the manner provided in the applicable regulations.
7. TERM. This Agreement is effective as of the date first set forth above and, except
as otherwise set forth herein, shall remain effective until such time as Common Area Owner has
completed and the City has accepted the Deferred Improvements. After Common Area Owner has
completed and the City has accepted the Deferred Improvements, upon any Owner's request, the
City shall execute and record a release of this Agreement with the Recorder's Office of Maricopa
County, Arizona.
8. NOTICES. All notices, filings, consents, approvals and other communications
provided for herein or given in connection herewith shall be in writing and shall be given by
personal delivery, overnight courier or facsimile transmission, or sent by registered or certified
mail, postage prepaid, correctly addressed to the intended recipient at the address set forth below:
City: City of El Mirage
10000 N El Mirage Road
El Mirage, AZ 85335
Attn: City Manager
With a Copy to: City of El Mirage
10000 N El Mirage Road
El Mirage, AZ 85335
Attn: City Clerk
Owners: c/o Compass Datacenters
14555 N. Dallas Parkway, Suite 125
Dallas, Texas 75254
Attn: Brett Collard and Mark Halford
Development Agreement - Peoria Ave
July 7, 2026
With a Copy to: Wick Phillis
3131 McKinney Ave., Suite 500
Dallas, Texas 75204
Attn: Scott Hotchkiss
9. WAIVER. No delay in exercising any right or remedy by either City or any Owner
shall constitute a waiver thereof. Waiver of any of the terms of this Agreement shall not be valid
unless in writing and signed by all parties hereto. The failure of any party to enforce the provisions
of this Agreement or require performance of any of the provisions, shall not be construed as a
waiver of such provisions or affect the right of the party to enforce all of the provisions of this
Agreement. Waiver of any breach of this Agreement shall not be held to be a waiver of any other
or subsequent breach thereof.
10. BINDING EFFECT. The rights, benefits and obligations in this Agreement, shall
be binding upon City and its successors and assigns. The rights, benefits and obligations in this
Agreement shall be binding upon each Owner and their successors and assigns.
11. GOVERNING LAW. This Agreement and all terms and conditions hereof, and
any dispute, controversy, claim or cause of action arising out of or related to this Agreement is
governed by the laws of the State of Arizona.
12. CHOICE OF FORUM. Notwithstanding A.R.S. § 12-406, any suit or action
brought under this Agreement shall be commenced only in state or federal courts in the State of
Arizona, Maricopa County. The parties hereto expressly covenant and agree that in the event ofa
dispute arising from this Agreement, each of the parties hereto waives any right to a trial by jury.
In the event of litigation, the parties hereby agree to submit to a trial before the Court.
13, EXERCISE OF AUTHORITY. It is understood and agreed that Owners shall not
in any way exercise any portion of the authority or sovereign powers of City and shall not make
or contract or commit or in any way represent itself as an agent for City. Nor shall anything in this
Agreement be construed to create any partnership, joint venture or principal agency relationship
between the parties.
14. RECORDATION. In order to provide notice to third parties, the City shall record
this Agreement in the official records of the Maricopa County Recorder within ten (10) days after
the full execution of this Agreement.
15. CONFLICT OF INTEREST. This Agreement is subject to the provisions of
A.RS. § 38-511.
16. SEVERABILITY OF PROVISIONS. Each term and provision of this Agreement
shall be considered severable and it: for any reason, any term or provision of this Agreement be
declared or be determined to be illegal or invalid, the validity of the remaining terms and provisions
shall not be affected thereby, and said illegal or invalid term or provision shall not be deemed a
part of this Agreement, notwithstanding any other provision of this Agreement to the contrary.
17. ADDITIONAL ACTS AND DOCUMENTS. Each party hereto agrees to do all
such things and take all such actions, and to make, execute and deliver such other documents and
Development Agreement - Peoria Ave
July 7, 2026
instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this
Agreement. If any action or approval is required of any party in furtherance of the rights under this
Agreement, such approval shall not be unreasonably withheld.
18. AMENDMENTS. No amendment shall be made to this Agreement except by
written document executed by City and each Owner. Within ten (10) days after the execution of
any amendment by both parties, the amendment shall be recorded with the Maricopa County
Recorder, Maricopa County, Arizona.
19, ENTIRE AGREEMENT. This Agreement supersedes any and all other
agreements, either oral or in writing, between the parties with respect to the subject matter of the
Agreement and contains all the covenants and agreements between the parties with respect to said
matter.
20. HEADINGS. The headings for the paragraphs of this Agreement are for
convenience and reference purposes only and in no way define, limit or describe the scope or intent
of said paragraphs nor in any way affect this Agreement.
21. ATTORNEYS FEES, The parties hereto expressly covenant and agree that in the
event of litigation arising from this Agreement, neither party shall be entitled to an award of
attorney fees, either pursuant to the Agreement, pursuant to A.R.S. § 12-341.0I(A) and (B), or
pursuant to any other state or federal statute, court rule, case law or common law. As an alternative
to filing a lawsuit to resolve the dispute, the parties may mutually agree to arbitrate the dispute.
22. ASSIGNMENT. Owners shall have the right to sell, transfer or assign part or all of
the Property to any person or entity at any time during the duration of this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original but all of which shall constitute one and the same
instrument.
24, DEFAULT. Failure or unreasonable delay by either party to perform or otherwise
act in accordance with any term or provision hereof shall constitute a breach of this Agreement
and, if the breach is not cured within 15 business days after written notice thereof from the other
party (the "Cure Period"), the breach constitutes a default under this Agreement; provided,
however, that if the failure is such that more than 15 business days would reasonably be required
to perform such action or comply with any term or provision thereof, then the party shall have such
additional time as may be necessary to perform or comply so long as the party commences
performance or compliance within said 15 business day period and diligently proceeds to complete
such performance or fulfill such obligation. In the event a breach is not cured within the Cure
Period, the non-defaulting party shall have all the rights and remedies that may be available at law
or in equity.
25, REPRESENTATIONS AND WARRANTIES OF OWNERS. As of the Effective
Date, Owners represents, warrants and covenants to City as follows:
a. Ownership. Each Owner is a Delaware limited liability company and has the
full right and authority to submit its interest in the Property to the provisions of this Agreement.
Development Agreement - Peoria Ave
July 7, 2026
b. Authorization. Each Owner is in good standing and is qualified to do business
in Arizona. The person signing this Agreement on such Owner's behalf has the authority and right
to enter into this Agreement on such Owner's behalf, without any further act or authorization. Each
Owner is not prohibited from executing this Agreement by any law, rule, regulation, instrument,
agreement, order or judgment.
26. REPRESENTATIONS, WARRANTIES AND COVENANTS OF CITY. As of
the Effective Date, City represents, warrants and covenants to Owners as follows, with the
understanding that each of the following are material to each Owner's willingness to enter in this
Agreement, that each Owner is relying on each of the following, and that each Owner would not have
agreed to enter into this Agreement but for each and every one of the following:
a. Approval. City has approved this Agreement at a duly held and noticed
public meeting by its Mayor and City Council, at which a quorum was duly present, and has
authorized the execution hereof.
b. Authorization. City is an Arizona municipal corporation, is in good standing
and is qualified to do business in Arizona. The person signing this Agreement on City's behalf has
the authority and right to enter into this Agreement on City's behalf without any further act or
authorization by City. City is not prohibited from executing this Agreement by any law, rule,
regulation, instrument, agreement, order or judgment.
27. FORCE MAJEURE. If the Common Area Owner's completion of the Deferred
Improvements contemplated in this Agreement is prevented or delayed, despite the Common Area
Owner's commercially reasonable efforts to perform, by causes beyond the Common Area
Owner's reasonable control, including, but not limited to, pandemics, strikes, riots, fires, floods,
lightning, rain, earthquake, extraordinary wind or other weather events, war, invasion,
insurrection, civil commotion, unavailability of resources due to national defense priorities or
natural disaster recovery, supply chain disruptions, shortages or unavailability of material or labor,
any act of God, binding orders, actions or inactions of any court or governmental authority,
legislative, executive, administrative, judicial agency or body, state or federal laws, regulations or
ordinances, technological impossibility, changes in law or applicable regulations subsequent to
the date hereof or any other similar or dissimilar cause beyond its reasonable control and not
attributable to its neglect, or the failure of the City or any other governmental authority to grant
all required permits or other approvals (each, a "Force Majeure Event"), upon the Common Area
Owner providing written notice in reasonable detail to the City the requirement of completion of
such Deferred Improvements shall be postponed by a period equal to the period of time such party's
performance under this Agreement is prevented or delayed by such Force Majeure Event.
Notwithstanding the foregoing, no Owner act, undertaking, action or inaction shall constitute a
Force Majeure Event.
28. INDEMNIFICATION.
a. Common Area Owner, or Common Area Owner's successors and assigns,
agrees to defend, indemnify and hold harmless City, its officers, officials and employees from and
against claims, damages, losses and expenses of any nature whatsoever by any third-party
(including but not limited to reasonable attorney fees, court costs, the costs of appellate
proceedings, and all claim adjusting and handling expense) (collectively, "Claims"), relating to or
Development Agreement - Peoria Ave
July 7, 2026
arising out of Common Area Owner's, its agents, officers, employees, officials, representatives or
contractors or their successors' and assigns’ negligence or intentional misconduct arising in
connection with this Agreement; provided, however, the foregoing indemnity does not apply to
any Claims to the extent caused by the City's or City's officers, officials, employees, agents,
representatives or contractors negligence or intentional misconduct The indemnity provisions of
this Agreement shall survive the termination of this Agreement.
b. The City agrees to defend, indemnify and hold harmless each Owner, its
directors, officers, employees, agents and representatives from and against any Claims relating to
or arising out of any negligence or intentional misconduct by the City, its officers, agents,
employee, officials, representatives or contractors arising out of or in connection with this
Agreement provided, however, the foregoing indemnity does not apply to any Claims to the extent
caused by such Owner's or such Owners' directors, officers or employees negligence or intentional
misconduct. The indemnity provisions of this Agreement shall survive the termination of this
Agreement.
29, ISRAEL BOYCOTT AND FORCED LABOR OF ETHNIC UYGHURS. As
applicable pursuant to Arizona Revised Statutes Title 35, Articles 9 and 10, each Owner certifies
that it is not currently engaged in, and agrees for the duration of the agreement to not engage in, a
boycott of Israel. Additionally, each Owner agrees and certifies that it does not currently, and
agrees for the duration of this Agreement that each Owner will not, use: (1) the forced labor of
ethnic Uyghurs in the People's Republic of China; (2) any goods or services produced by the forced
labor of ethnic Uyghurs in the People's Republic of China; or (3) any contractors, subcontractors or
suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic
Uyghurs in the People's Republic of China. If an Owner becomes aware during the term of the
contract that it is not in compliance with this written certification, the company shall notify the
City within five business days after becoming aware of the noncompliance. If an Owner does not
provide the City with a written certification that Owner has remedied the noncompliance within
180 days after notifying the City of the noncompliance, this Contract terminates, except that ifthe
contract termination date occurs before the end of the remedy period, the Contract terminates on
the Contract termination date. Each Owner also agrees to indemnify and hold harmless the City, its
officials, employees, and agents from any claims or causes of action relating to the City's action
based upon reliance upon this representation, including the payment of all costs and attorney fees
incurred by the City in defending such an action.
[Signature pages follow]
Development Agreement - Peoria Ave
July 7, 2026
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 ,202_.
CITY OF EL MIRAGE, an Arizona municipal
corporation
Alexis A. Hermosillo, Mayor
STATE OF ARIZONA )
)ss.
COUNTY OF MARICOPA)
The foregoing Development Agreement was acknowledged before me this___ day of
> 202_, before me by , 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.
Notary Public
My Commission Expires:
ATTEST:
Jill Boltz, City Clerk
Dated:
Approval as to Form
By:
Justin Pierce, City Attorney
Development Agreement — Peoria Ave
July 7, 2026
OWNERS:
COMPASS DATACENTERS PHxX II, LLC,
a Delaware limited liability company
i
By:_7
Namé/ Javed Day
Title:_ President ceo
STATE OF _[@xaS )
) ss.
COUNTY OF Pallas _)
The foregoing Development Agreement was acknowledged before me this Z+ day of
wlu , 2026, by daved Day, the Pvesident Co of Compass
Datacenters PHX II, LLC, a Delaware 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 Compass Datacenters PHX II, LLC, a Delaware limited liability company.
hi Wh
Notary Public
My Commission Expires: G24 |
Registration No.: | 39G eI oY Gere. Bevin Grace Oliver
wy Commisgngnre
Notary 1D 135521094
Development Agreement — Peoria Ave
July 7, 2026
COMPASS DATACENTERS PHxX IIA, LLC,
a Delaware limited liability company
By:
Namé/Javet Day
Title: Pp cesidett | Cfo
STATE OF [2x4 § )
)ss.
COUNTY OF Dalles)
The foregoing Development Agreement was acknowledged before me this 27 day of
Dwly , 2026, by daveel Dam, the President, <¢o of Compass
Datacenters PHX IIA, LLC, a Delaware limited liabifty 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 béing authorized to do so, executed the foregoing instrument for the purposes therein
contained on behalf of Compass Datacenters PHX IIA, LLC, a Delaware limited liability company.
Notary Public
My Commission Expires: a} a | La
- a> Bevin Grace Oli
istrationNo, | 3°92 1074 Myc het
Registration No.: y Ha yson Expires
Notary 1D 135521094
Development Agreement - Peoria Ave
July 7, 2026
COMPASS DATACENTERS PHX IIB, LLC,
a Delaware limited liability company
By:
Name/ Saved [Day
Title:__ President 7 ceo
STATE OF TéKe$ )
)ss.
COUNTY OF Dallas)
The foregoing Development Agreement was acknowledged before me this ZR ay of
Duly , 2026, by Dawed Day , the Pres ideut, Cf of Compass
Datacentérs PHX IIB, LLC, a Delaware 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 Compass Datacenters PHX IIB, LLC, a Delaware limited liability company.
bo Ue:
Notary Public
My Commission Expires: G@ “21 fe ri
RegistrationNo.: |34421074 Notary 10138521004
Bevin Grace ad
mission Expires
ad cogyz4 12028
Development Agreement — Peoria Ave
July 7, 2026
COMPASS DATACENTERS PHX IIC, LLC,
a Delaware limited liability company
By:
Name\/Javet bay
Title: Presi fent? CEO
STATE OF Ter )
)ss.
COUNTY OF Dallas )
The foregoing Development Agreement was acknowledged before me this27?“day of
| 4 , 2026, by Oaved Day , the Presideat, fo of Compass
Datacentefs PHX IIC, LLC, a Delaware 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 Compass Datacenters PHX IIC, LLC, a Delaware limited liability company.
fh’ Ur’
Notary Public
My Commission Expires: 6 J24 [29
RegistrationNo.: (345 2/477 ,
at? Bevin Grace Oliver
My Commission Expl
yogiaal2oz0
Notary 1D 136521094
Development Agreement — Peoria Ave
July 7, 2026
EXHIBIT A-1
Legal Description
COMPASS DATACENTERS PHXiII
TRACTA
LEGAL DESCRIPTION
A portion of Parcel 2 of the Final Plat for “Copperwing Logistics Center”, as recorded in Book 1556, Page 16,
Records of Maricopa County, Arizona, lying within the Northeast quarter of Section 26, Township 3 North,
Range 1 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the North quarter corner of said Section 26, monumented by a found 3 inch City of El
Mirage brass cap flush, from which the Northeast corner, monumented by a found 3 inch City of El Mirage
brass cap in hand hole, down 6 Inches, stamped RLS 36171, thereof bears South 89°13'15" East, 2626.24
feat;
THENCE South 00°02'24" West, 65,01 feet.on the west boundary of said Northeast quarter to the south
boundary of the north 65.00 feet of said Northeast quarter to the POINT OF BEGINNING;
THENCE on said south boundary, South 89°13'15" East, 2521.31 feet;
THENCE South 44°37'23" East, 42,72 feet to the west boundary of the east 75,00 feet of said Northeast
quarter;
THENCE on said west boundary, South 00°01'32" East, 405,04 feet;
THENCE South 89°13'15" East, 15.00 feet to the west boundary of the east 60.00 feet of sald Northeast quarter
THENCE on said west boundary, South 00°01'32" East, 775.79 feet to the easterly prolongation of the north
boundary of the Final Plat of "Gateway Center“, as recorded in Book 1139, Page 26, Records of Maricopa
County, Arizona;
THENCE on said easterly prolongation and said north boundary, South 89°58'28" West, 1157.37 feet to the
northwest corner of last said Final Plat;
THENCE South 00°01'32" East, 1346.59 feet on the west boundary of said Final Plat and the southerly
prolongation thereof to the south boundary of sald Northeast quarter;
THENCE on sald south boundary, North 89°23'35" West, 1411.72 feet to the Center of said Section 26;
THENCE North 00°02'24" East, 2577,88 feet on the west boundary of sald Northeast quarter to the POINT OF
BEGINNING,
EXCEPT THEREFROM the following 4 portions:
PORTION 1:
COMMENCING at the North quarter corner of sald Section 26, monumented by a found 3 inch City of El
Mirage brass cap flush, from which the Northeast corner, monumented by a found 3 inch City of El Mirage
brass cap in hand hole, down 6 inches, stamped RLS 36171, thereof bears South 89°13'15" East, 2626.24
feet;
THENCE South 89°13'15" East, 200.27 feet on the north boundary of sald Northeast quarter;
THENCE leaving sald north boundary, South 00°01'32" East, 245.38 feet to the POINT OF BEGINNING;
THENCE North 89°58'28" East, 448.00 feet;
THENCE South 00°01'32" East, 1594.25 feet;
THENCE South 89°58'28" West, 448.00 feet;
THENCE North 00°01'32" West, 1594.25 feet to the POINT OF BEGINNING,
AND EXCEPT
PORTION 2:
COMMENCING at the North quarter corner of said Section 26, monumented by a found 3 inch City of El
Mirage brass cap flush, from which the Northeast corner, monumented by a found 3 inch City of El Mirage
brass cap in hand hole, dawn 6 inches, stamped RLS 36171, thereof bears South 89°13'15" East, 2626.24
feet;
THENCE South 89°13'15" East, 818,32 feet on the north boundary of said Northeast quarter;
THENCE leaving sald north boundary, South 00°01'32" East, 236,72 feet to the POINT OF BEGINNING;
THENCE North 89°58'28" East, 1594.25 feet;
THENCE South 00°01'32" East, 448,00 feet;
THENCE South 89°58'28" West, 1594,25 feet;
THENCE North 00°01'32" West, 448.00 feet to the POINT OF BEGINNING.
AND EXCEPT
PORTION 38:
COMMENCING at the North quarter corner of said Sectian 26, monumented by a found 3 inch City of El
Mirage brass cap flush, from which the Northeast corner, monumented by a found 3 Inch City of El Mirage
brass cap in hand hole, down 6 Inches, stamped RLS 36171, thereof bears South 89°13'15" East, 2626.24
feet;
THENCE South 89°13'15" East, 818.32 feet on the north boundary of sald Northeast quarter;
THENCE leaving said north boundary, South 00°01'32" East, 788.22 feet to the POINT OF BEGINNING;
THENCE North 89°58'28" East, 1594.25 feet;
THENCE South 00°01'32" East, 448.00 feet;
THENCE South 89°58'28" West, 1594,25 feet;
THENCE North 00°01 '32" West, 448.00 feet to the POINT OF BEGINNING,
AND EXCEPT
PORTION 4:
COMMENCING at the East Quarter Corner of said Section 26, monumented by a 3 Inch Maricopa County
Highway Department brass cap in hand hole, from which the Center of sald Section 26, monumented by a
rebar with cap RLS 19344, bears North 89°23'35" West, 2629, 16 feet;
THENCE North 89°23'35" West, 1411.12 feet on the south boundary of sald Northeast quarter;
THENCE leaving said south boundary, North 00°36'25" East, 150.00 feet to the POINT OF BEGINNING;
THENCE North 89°23'34" West, 350,71 feet;
THENCE South 45°36'26" West, 28.00 feet;
THENCE North 89°23'34" West, 69.33 feet;
THENCE North 44°59'16" West, 28.30 feet;
THENCE North 89°23'34" West, 9.33 fect;
THENCE North 00°36'26" East, 549.40 feet;
THENCE South 89°23'34" East, 469.39 feet;
THENCE South 00°36'26" West, 549.40 feet to the POINT OF BEGINNING,
The above described parcel contains a computed area of 2,633,777 sq, ft, (60,4632 acres) more or less and
being subject to any easements, restrictions, rights-of-way of record or otherwise.
The description shown hereon is not to be used to violate any subdivision regulation of the state, county
and/or municipality or any land division restrictions,
Prepared by; COLLIERS ENGINEERING & DESIGN, INC,
4742 N. 24" Street, Sulte 270
Phoenlx, AZ 85016
Project No, 1680
Date: October 2025
NORTH QUARTER CORNER
SECTION 26, TAN, RIW
FOUND 3" CITY OF EL MIRAGE
BRASS CAP FLUSH, STAMPED
NORTHEAST CORNER
SECTION 26, T3N, RIW
FOUND 3" CITY OF EL MIRAGE
BRASS CAP IN HAND HOLE
CENTER OF
SECTION 26, T3N, RIW
FOUND REBAR
Wi CAP RLS 19344
N89°23'35"W
“CITY OF EL MIRAGE" STAMPED RLS 36171,
P.O.C, OF OVERALL PARCEL DOWN 6”
P.O.C. OF EXCEPTIONS 1, 2&3
ot PEORIA AVENUE
589°13"15"E 2626.24! N
mii Liz —1ig L2TRacTA L3
unr] , on t P.O.B, id o
EXCEPTION| © oxcerT ION EXCEPTION 2- NAP. q .
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EXCEPTION al
P.O.B.
EXCEPTION 4
1411.12!
= Fe
1217.44"
EAST QUARTER CORNER
SECTION 26, TAN, RIW
FOUND 3" MARICOPA COUNTY
HIGHWAY DEPARTMENT
BRASS CAP IN HAND HOLE,
2629.16"
SEE SHEET 2 STAMPED "MARICOPA COUNTY
FOR LINE TABLE HIGHWAY DEPARTMENT", DOWN 4"
P.O,C, EXCEPTION 4
SHEET 1 OF 2 Formerly HILGARTWILSON
PROJ.NO.: 1680 COMPASS DATACENTERS PHXII ———— ,
Engineering
DATE: OCT 2025 TRACT A Colter | A Besign
cite NTS. EL MIRAGE, ARIZONA 4742 N 24th Streel, Suite 270
DRAWN BY: [DL h Street, Suite
PHOENIX, AZ 85016
CHECKED BY. PR eS Ri Besser 285016
© 7005, CCLUERS ENGINEERING B DESIGN, [Nt
Walenta saa
EXHIBIT A-2
COMPASS DATACENTERS PHXII
LOT 1
LEGAL DESCRIPTION
A portion of Parcel 2 of the Final Plat for "Copperwing Logistics Center”, as recorded in Book 1556, Page 16,
Records af Maricopa County, Arizona, lying within the Northeast quarter of Section 26, Township 3 North,
Range 1 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the North quarter corner of said Section 26, monumented by a found 3 inch City of El
Mirage brass cap flush, from which the Northeast corner, monumented by a found 3 inch City of El Mirage
brass cap in hand hole, down 6 inches, stamped RLS 36171, thereof bears South 89°13'15" East, 2626.24
feet;
THENCE South 89°13'15" East, 818,32 feet on the north boundary of said Northeast quarter;
THENCE leaving said north boundary, South 00°O1'32" East, 788,22 feet to the POINT OF BEGINNING;
THENCE North 89°58'28" East, 1594.25 feet;
THENCE South 00°01°32" East, 448.00 feet;
THENCE South 89°58'28" West, 1594.25 feet;
THENCE North 06°01°32" West, 448,00 feet to the POINT OF BEGINNING.
The above described parcel contains a computed area of 714,224 sq, ft. (16,3963 acres) more or less,
Being subject to any easements, restrictions, rights-of-way of record or otherwise,
The description shown hereon Is not to be used te violate any subdivision regulation of the state, county
and/or municipality or any land division restrictions,
Prepared by: COLLIERS ENGINEERING & DESIGN, INC,
4742 N, 24" Street, Suite 270
Phoenix, AZ 85016
Project No, 1680
Date; September 2025
U:\1G00\1 GBO\SURVEY\DOCSILEGAL\1 680-COMPASS PHX Il- LOT 1-LEGAL.docx = Page 1 of 1
NORTH QUARTER CORNER NORTHEAST CORNER
SECTION 26, T3N, RIW SECTION 26, T3N, RIW
FOUND 3" CITY OF EL MIRAGE FOUND 3" CITY OF EL MIRAGE
BRASS CAP FLUSH, STAMPED BRASS CAP IN HAND HOLE
“CITY OF EL MIRAGE" STAMPED RLS 36171,
POINT OF COMMENCEMENT DOWN 6"
PEORIA AVENUE
$89°13"15"E 2626.24"
818,32" | _
uw |
2 BI
or |
ao
POINT OF “| N89°58'28"E
BEGINNING I 1594.25!
$00°01'32"E_ eae)
zo | NO0°01'32"W $89°58'28"W 448.00" a i
qa 448,00' 1594,25' A fa
: - nS
e S5
a 5&
a Qo
o “1
5 PORTION OF rs
3 PARCEL 2
BOOK 1556,
PAGE 16, M.GR.
7 o t i fi
CENTER OF N89°23'35"W EAST QUARTER CORNER om
SECTION 26, 13N, RIW 7029-16 SECTION 26, T3N, RIW
FOUND REBAR FOUND 3" MARICOPA COUNTY
W/ CAP RLS 19344 HIGHWAY DEPARTMENT
BRASS CAP IN HAND HOLE,
STAMPED "MARICOPA COUNTY
HIGHWAY DEPARTMENT"
DOWN 4"
Formerly HILGARTWILSON
PROJ.NO.: 1680 COMPASS DATACENTERS PHKXII ao ,
DATE: SEP 2025 Lora Callers | Engineering
SCALE: NTS. EL MIRAGE, ARIZONA dap N path street Gute 70
DRAWN BY: JDL 24th Street, Suite
PHOENIX, AZ 85016
CHECKED BY: PR eo Oe eee A te el De p24 Mm AZ
202%, COLLIERS ENGINEERING & DESIGN. INC. “UMEDA RAD ADOC LEGAL GD COMPASS PHA LOT PEST. ‘SANDE B15 PM
EXHIBIT A-3
COMPASS DATACENTERS PHXil
LOT 2
LEGAL DESCRIPTION
A portion of Parcel 2 of the Final Plat for “Copperwing Logistics Center’, as recorded In Book 1556, Page 16,
Recards of Maricopa County, Arizona, lying within the Northeast quarter of Section 26, Township 3 Narth,
Range 1 West of the Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly
described as follows:
COMMENCING at the North quarter corner of said Section 26, monumented by a found 3 Inch City of El
Mirage brass cap flush, from which the Northeast corner, monumented by a found 3 inch City of El Mirage
brass cap in hand hole, down 6 inches, stamped RLS 36171, thereof bears South 89°13'15" East, 2626.24
feet;
THENCE South 89°13'15" East, 818.32 feet on the north boundary of said Northeast quarter;
THENCE leaving said north boundary, South 00°01'32" East, 236,72 feet ta the POINT OF BEGINNING;
THENCE North 89°58'28" East, 1594.25 feet;
THENCE South 00°01'32" East, 448.00 feet,
THENCE South 89°58'28" West, 1594.25 feel;
THENCE North 60°01'32" West, 448.00 feet to the POINT OF BEGINNING.
The above described parcel contains a computed area of 714,224 sq, ft. (16,3963 acres) mare or less,
Being subject to any easements, restrictions, rights-of-way of record or otherwise,
‘The description shown herean Is nat to be used to violate any subdivision regulation of the state, county
andéor municipality or any land division restrictions,
Prepared by: COLLIERS ENGINEERING & DESIGN, INC,
4742 N, 24° Street, Suite 270
Phoenix, AZ 85016
Project No, 1686
Date: September 2025
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