Slope Easement Abandonment
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When Recorded Return to: City Clerk, City of El Mirage 10000 N. El Mirage Road El Mirage, AZ 85335 Exempt under A.R.S. § 11-1134(A)(2) EASEMENT ABANDONMENT This Easement ABANDONMENT (the “Easement Abandonment”) is given as of this ____ day of ________________, 20___, by the CITY OF EL MIRAGE (the “City”), an Arizona municipal corporation. WHEREAS, MICROSOFT CORPORATION (“Microsoft”), a Washington corporation, is the owner of certain real property more particularly described in Exhibit A attached hereto (the “Parcel”). WHEREAS, a non-exclusive appurtenant slope easement was granted to the City via the Final Plat as filed in Book 1543, Page 19 of the records of Maricopa County, Arizona, burdening the real property more particularly described in Exhibit B attached hereto (the “Slope Easement” or “Easement”). The Easement was granted to the City to allow grading of the future El Mirage Alternative Access project. WHEREAS, Microsoft wishes to construct a fence and any other improvements in Microsoft’s sole discretion along the south property line of the Parcel in the vicinity of the Easement (“Improvements”). WHEREAS, Microsoft has requested that the City execute this Easement Abandonment in order to evidence the termination of the Slope Easement, which may benefit the Parcel, in order to facilitate the construction of Microsoft’s Improvements. WHEREAS, the City is authorized pursuant to A.R.S. §9-402.E to abandon, terminate, release and relinquish an easement that the City no longer needs. WHEREAS, it has been determined by the City that the Easement is no longer needed. NOW, THEREFORE, in consideration of the premises and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City agrees as follows: 1. Recitations. The foregoing recitations are true and correct and are incorporated herein by this reference. 2. Abandonment of Easement. The City hereby abandons, terminates, releases and relinquishes the Slope Easement. 3. Binding Effect. The covenants contained in in this Easement Abandonment are not personal but shall run with the land and shall benefit the fee simple title holder of the Property, and their respective heirs, personal representatives, transferees, successors or assigns. [Signatures on the following page] IN WITNESS WHEREOF, the City of El Mirage, Arizona, by its Mayor and its Clerk, duly authorized, have affixed hereunto their hand and caused its official seal to be affixed on this ____________ day of _______________, 20___. CITY OF EL MIRAGE, an Arizona municipal corporation Alexis A. Hermosillo, Mayor STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this _____ day of ___________, 20___, before me by Alexis A. Hermosillo, Mayor of the City of El Mirage, an Arizona municipal corporation, and being authorized to do so, executed the foregoing instrument on behalf of the City for the purposes therein stated. Notary Public My Commission Expires: ____________ ATTEST: Sharon Antes, City Clerk Dated: Approval as to Form By: Justin Pierce, City Attorney EXHIBIT A Microsoft Parcel Legal Description EXHIBIT B Slope Easement Legal Description LEGAL DESCRIPTION: A portion of that parcel of land being a portion of that certain document entitled “Special Warranty Deed” filed as Document Number 2008-167192, Records of Maricopa County, Arizona, being situated within a portion of the Northwest Quarter of Section 35, Township 3 North, Range 1 West of the Gila and Salt River Meridian, Maricopa County, Arizona, and more particularly described as follows: Commencing at a found brass cap in hand hole accepted as the west quarter corner of said Section 35 from which a brass cap in hand hole accepted as the northwest corner of said Section 35 thereof bears North 0 degrees 02 minutes 01 seconds East, 2,626.79 feet; thence South 89 degrees 10 minutes 32 seconds East, 40.00 feet along the south line of said Northwest Quarter of Section 35 to a line being 40.00 east of and parallel with the west line of the Northwest Quarter of said Section 35; thence South 89 degrees 10 minutes 32 seconds East, 1,281.22 feet along the south line of said Northwest Quarter of Section 35 to a point hereinafter being referred to as Point “A”; thence North 0 degrees 49 minutes 28 seconds East, 40.00 feet to a point on the north line of the south 40.00 feet of said Northwest Quarter, said point being the POINT OF BEGINNING; thence North 0 degrees 49 minutes 28 seconds East, 20.00 feet; thence South 89 degrees 10 minutes 32 seconds East, 70.00 feet; thence South 0 degrees 49 minutes 28 seconds West, 20.00 feet; thence North 89 degrees 10 minutes 32 seconds West, along said north line, 70.00 feet to the POINT OF BEGINNING.