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HLFT-55351\2633395.4
1
WHEN RECORDED, RETURN TO:
Miller Starr Regalia
1331 N. California Blvd.
Suite 600 Walnut Creek, CA 94596
Attn: Hans Lapping
Exempt under A.R.S. § 11-1134(A)(2)
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (this "Easement Agreement") is made
and entered into as of the date of the last signature below, by and between MICROSOFT
CORPORATION, a Washington corporation, ("Grantor") and the CITY OF EL MIRAGE, an
Arizona municipal corporation (“Grantee”).
RECITALS
A.
Grantor is the owner of the following described real property located in Maricopa
County, Arizona (hereinafter called “Grantor’s Property”):
The land described in that certain Special Warranty Deed recorded on April 30, 2019 as
instrument #20190310969, Maricopa County Recorder, Maricopa County, Arizona.
B.
The parties desire to establish temporary construction easements in order to
facilitate Grantee’s construction of permanent stormwater basins and associated structures in order
to retain the offsite drainage generated within the full right of way of Dysart Road and Olive
Avenue along the frontage of the Grantor’s property.
AGREEMENTS
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
parties agree as follows:
1.
Grant of Easements. Grantor hereby grants and conveys to Grantee temporary,
non-exclusive construction easements (each, a “TCE” and collectively, “TCEs”) over, on and
below those portions of Grantor’s Property depicted on Exhibit A hereto and incorporated herein
(the “Easement Areas”) for the sole purpose of Grantee’s construction and installation of
permanent stormwater retention basins and associated drainage structures (each a “Permanent
Improvement” and collectively, the “Permanent Improvements”).
2.
Conditions to the TCEs; Repair and Restoration of the Easement Areas.
HLFT-55351\2633395.4
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i.
Construction and installation of the Permanent Improvements (the
“Work”) shall be performed by Grantee, at its sole cost and expense, in accordance with all
applicable laws and plans and specifications submitted therefor and approved by Grantor (“Plans
and Specifications”) using licensed and insured contractors, subcontractors, and material suppliers
approved by Grantor (together, “Contractors”). Grantor’s approval hereunder shall not be
unreasonably withheld, conditioned or delayed. Prior to performing the Work, Grantee shall, at its
sole cost and expense, obtain any and all necessary permits and approvals from all government
authorities having jurisdiction over the Easement Areas. Grantor may impose, as a condition of its
consent to the Work, such requirements as Grantor in its reasonable discretion may deem desirable,
including, but not limited to, the requirement that the construction contract for the Work include a
warranty of the newly installed Permanent Improvements (the “Warranty”), and that Grantee
assign to Grantor its right, title and interest in and to the Warranty, subject to commercially
reasonable limitations, conditions, exclusion of liabilities and disclaimers contained therein.
ii.
Grantee, its Contractors, agents and employees’ use of the Easement
Areas shall be in accordance with (a) all applicable laws including, without limitation, those
relating to the use, storage, transportation, release and other handling of hazardous and toxic
materials and substances; and (b) Grantor’s reasonable construction and security rules and
regulations which may include the use of access gates, and restricting access to the Easement Areas
to those with required access credentials, which may include an escort by Grantor. Grantee shall
have the Work performed in such manner as not to obstruct access to the balance of Grantor’s
Property, and as not to obstruct or in any way interfere with the business, construction, or
operations of Grantor in the balance of Grantor’s Property.
iii.
Grantee shall not have the right to use the Easement Areas to store
gasoline or petroleum products, hazardous or toxic substances, or flammable materials; provided,
however, that this prohibition shall not apply to any material, equipment or substances contained
in, or part of the Permanent Improvements, provided, that Grantee shall comply with all applicable
federal, state and local laws and regulations in connection therewith.
iv.
Grantee agrees to keep the Easement Areas and all other portions of
the Grantor’s Property free of any mechanic’s or materialmen’s liens resulting from use of the
Grantee or any of Grantee’s agents or employees pursuant hereto.
v.
Grantee, and its agents, employees, or Contractors shall exercise
reasonable care to avoid damage to Grantor’s Property and the Easement Areas and all
improvements thereon. Following any installation, excavation, maintenance, repair, or other work
performed by Grantee on Grantor’s property, Grantee shall promptly remove any and all
construction-related debris, materials and equipment related to the exercise of its rights hereunder,
and repair all damage to the Grantor’s Property (including, without limitation, the Easement
Areas). Grantee shall, at its sole cost and expense, repair and restore the Easement Areas, outside
of the proposed Permanent Improvements, to a like or equivalent condition as existed prior to the
Grantee’s construction activity and use of the Easement Areas, and shall be responsible for any
damages, claims or losses occurring on the Easement Areas or on Grantor’s adjacent property
during the Term of this easement related to Grantee’s use of the Easement Areas or by the acts or
conduct of Grantee’s employees, agents, contractors or assigns.
HLFT-55351\2633395.4
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vi.
Upon Grantee's abandonment of this easement or Permanent
Improvements, or any portion thereof, all right, title, and interest of Grantee in the Easement Areas
not used for the purposes described above shall revert to Grantor, upon Grantor’s request.
Grantee’s failure to commence construction of any of the Permanent Improvement within two (2)
years after the date hereof shall be conclusive evidence of the abandonment thereof, and Grantee
will, on demand, execute, acknowledge, and deliver unto Grantor a good and sufficient deed
quitclaiming to Grantor all said right of way and Easement or such portion thereof as may be
abandoned.
vii.
Upon Completion (as hereinafter defined) of the Work pursuant to
each TCE, Grantee shall execute, acknowledge and deliver to Grantor a such instrument(s) as
Grantor shall reasonably designate pursuant to which Grantee grants to Grantor all right, title and
interest in and to the Permanent Improvements on the respective Easement Area. For purposes
hereof, “Completion” of the Work shall occur upon the completion of construction of the
Permanent Improvements within an Easement Area pursuant to the approved Plans and
Specifications, as determined by Grantor in its reasonable discretion. Grantee shall provide
Grantor with no less than fifteen (15) days prior notice of the date on which Grantee anticipates
Completion of each TCE. Within fourteen (14) business days after the earlier Completion of each
TCE, a representative of Grantor and a representative of Grantee shall inspect the TCE and jointly
prepare a list of any punch list items remaining to be completed. Thereafter, Grantee shall cause
the incomplete work set forth on said punch list to be performed with due diligence, and in any
event within thirty (30) days after the date of receipt of such punch list.
3.
Release; Indemnification. Grantee’s use of the Easement Areas shall be at
Grantee’s sole risk and expense. Grantee accepts all risk of damage to property including, without
limitation, Grantor’s equipment and injury to persons in, upon or about the Grantor’s Property,
arising Grantee’s use of the Easement Areas. Grantor shall not be liable to Grantee for, and
Grantee hereby waives and releases Grantor from any and all liability, whether in contract, tort, or
on any other basis, for any injury, damage, or loss resulting from or attributable to an occurrence
on or about the Easement Areas. Further, Grantee shall indemnify, defend and hold Grantor
harmless for, from and against all claims, liabilities, and expenses (including reasonable attorneys’
fees and costs) relating to and/or resulting from (a) accidents, injuries, loss, or damage of or to any
person or property to the extent caused by the use by Grantee or its employees, contractors, invitees
or other representatives of the Easement Areas or exercise of any right granted in this Easement
Agreement, (b) any lien recorded against Grantor’s Property or any portion thereof arising from
Grantee’s exercise of its rights hereunder, and (c) any breach of Grantee’s obligations hereunder.
4.
Insurance. At any time while Grantee or any of its agents or employees access the
Easement Areas, Grantee shall, at no cost to Grantor, maintain, or shall cause its contractor to
maintain, a policy of commercial general public liability insurance, with a broad form contractual
liability endorsement and endorsements for personal and advertising injury, independent
contractors coverage, products/completed operations, explosion, collapse and underground
hazards), covering Grantee's work in an amount prudent for owners of similar properties in
Maricopa County, Arizona, but in no event less than $1,000,000 for each occurrence with a
$2,000,000 Products and Completed Operations Aggregate and $2,000,000 General Aggregate
Limit and shall include Grantor as an additional insured. In addition, Grantee shall, at no cost to
Grantor, maintain, or shall cause its contractor to maintain, workers’ compensation insurance at
HLFT-55351\2633395.4
4
the statutory limits and employer’s liability insurance, and commercial automobile liability
insurance with commercially reasonable limits and otherwise reasonably acceptable to Grantor.
These policies shall remain in effect until such time as the TCEs are abandoned or terminated.
Any such insurance policy shall require the insurer to provide the additional insured not less than
thirty (30) days’ prior written notice of any material amendment or cancellation of the insurance
policy. Grantee shall provide to Grantor an endorsement in a form acceptable to Grantor
evidencing that Grantor has been included as an additional insured to an insurance policy
consistent with this paragraph. Upon request, Grantee shall furnish Grantor with certificates of
insurance and endorsements evidencing the coverage required under this paragraph. Grantor shall
also be included as an additional insured under Grantee’s commercial automobile liability
insurance and shall be included in all waivers of subrogation to the same extent that Grantee is
required to be included under its contracts for work and services. The commercial general liability
insurance required above shall be primary and non-contributing with any other insurance
maintained by Grantor.
5.
Term. Each of the TCEs granted in this Easement Agreement shall be effective
commencing on the date of recordation of this Easement Agreement in the office of the Maricopa
County Recorder (the “Effective Date”) and shall expire and terminate automatically upon the later
of (i) Grantee’s Completion of the construction of the Permanent Improvements on the respective
Easement Area, and (ii) delivery to Grantor of the instrument(s) referred to above (the “Term”);
provided, however, the Term shall be automatically extended for a period not to exceed two (2)
years (the “Warranty Period”) solely to allow Grantee’s contractor to perform warranty repair or
corrective work on the Permanent Improvements as needed by the Grantee. Grantee agrees to
provide Grantor not less than fourteen (14) days’ written notice of its intent to use the Easement
Areas to perform such warranty repair or corrective work. Grantor shall have the right to record a
termination of this Easement Agreement without the written consent or approval of Grantee: upon
the earlier of (a) after receipt of Grantee’s notice of Completion and the instrument(s) referenced
above; or (b) after the 2nd anniversary of the Effective Date. Notwithstanding the foregoing,
Grantee agrees to promptly execute, acknowledge, and deliver any instruments necessary to
confirm the termination of this Easement Agreement.
6.
No Dedication to the Public. Nothing contained herein shall be deemed to
constitute any gift or dedication to the public or for public use, any portion of the Easement Areas
or the Grantor’s adjacent property, it being the intention and understanding of the parties that this
Easement Agreement be strictly limited to and for the purposes herein expressed and is solely for
the benefit of the parties.
7.
Governing Law. This Easement Agreement shall be governed by, and construed
and enforced in accordance with, the internal substantive laws of the State of Arizona (without
reference to choice of law principles).
8.
Notices. Any notice pursuant to this Easement Agreement shall be given in writing
by (a) personal delivery; (b) reputable overnight delivery service with proof of delivery; or (c)
United States Mail, postage prepaid, registered or certified mail, return receipt requested, sent to
the intended addressee at the address set forth below. Any notice so given shall be deemed to have
been given upon receipt or refusal to accept delivery. Any party may, by notice given pursuant to
HLFT-55351\2633395.4
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this Section, change the person or persons and/or address or addresses, or designate an additional
person or persons or an additional address or addresses, for its notices, but notice of a change of
address shall only be effective upon receipt. Counsel for either party shall be permitted to deliver
notices pursuant to this Section.
If to Grantor:
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
Attn: DCS Global Real Estate
With a copy to:
Microsoft Corporation
CELA − CO+I
One Microsoft Way
Redmond, WA 98052
Email: mciocela@microsoft.com
With a copy to:
Microsoft Corporation
CO+I Land Development
One Microsoft Way
Redmond, WA 98052
Email: AMERSLD@microsoft.com
With a copy to:
Miller Starr Regalia
1331 N. California Blvd.
Suite 600 Walnut Creek, CA 94596
Attn: Hans Lapping
If to Grantee:
City of El Mirage
10000 N. El Mirage Road
El Mirage, AZ 85335
Attn: City Manager
9.
Miscellaneous. This Easement Agreement, together with any exhibits contained
herein, contains the entire agreement of the parties with respect to the subject matter and, except
as otherwise provided for in this Easement Agreement, may be terminated prior to its automatic
expiration or amended only in a writing signed by both parties. This Easement Agreement and
any amendments hereto may be executed in counterparts, each of which is deemed an original and
all of which, when taken together constitute one and the same instrument. If either Grantor or
Grantee brings an action to enforce or interpret this Easement Agreement, the prevailing party in
HLFT-55351\2633395.4
6
such action shall be entitled to recover reasonable attorney’s fees and court costs and expert
witness fees for all stages of litigation, including, but not limited to, appellate proceedings, in
addition to any other remedy granted. Nothing contained in this Easement Agreement shall be
deemed or construed, either by the parties hereto or by any third party, to create the relationship
of principal and agent or to create any partnership, joint venture or other relationship between the
parties.
[SIGNATURES ON FOLLOWING PAGES]
HLFT-55351\2633395.4
7
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 _______________, 2022.
GRANTEE:
CITY OF EL MIRAGE, an Arizona municipal
corporation
Alexis A. Hermosillo, Mayor
STATE OF ARIZONA
)
) SS.
COUNTY OF MARICOPA )
The foregoing Easement Agreement 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
HLFT-55351\2633395.4
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GRANTOR:
Microsoft Corporation,
a Washington corporation
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
STATE OF ____________
)
) ss.
County of _____________
)
On this __ day of ___________ 20__, before me, the undersigned Notary Public, personally
__________________, known to me to be the _____________ of Microsoft, a Washington
Corporation, and they, being duly authorized so to do, executed the foregoing instrument for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
__________________________________
Notary Public
My Commission Expires:
____________________
HLFT-55351\2633395.4
9
EXHIBIT A
Easement Areas
[Attached]
EPS Group, Inc. 1130 N Alma School Road, Suite 120 Mesa, AZ 85201
Tel (480) 503-2250 Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\TCE Legal and exhibit\APN 501-46-854 TCE - Exhibit.docx
Legal Description
Temporary Construction Easement
APN: 501-46-854
Job No. 18-081.2
MARCH 29, 2022
A portion of that parcel of land as described in Document Number 20190310969,
records of Maricopa County, Arizona, located in 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:
T.C.E. NO. 1
Commencing at the west quarter corner of said Section 35, being a brass cap in hand
hole, from which the northwest corner thereof, being a brass cap in hand hole bears
North 0 degrees 02 minutes 10 seconds East, 2,626.76 feet;
thence North 0 degrees 02 minutes 10 seconds East, along the west line of said
Northwest Quarter, 75.08 feet to a point hereinafter being referred to as Point “A”;
thence South 89 degrees 57 minutes 50 seconds East, 49.50 feet to a point on the
east line of the west 49.50’ of said Northwest Quarter, said point being the POINT OF
BEGINNING;
thence North 0 degrees 02 minutes 10 seconds East, along said east line, 217.62
feet;
thence South 89 degrees 57 minutes 44 seconds East, 42.94 feet;
thence South 0 degrees 02 minutes 16 seconds West, 217.62 feet;
thence North 89 degrees 57 minutes 44 seconds West, 42.93 feet to the POINT OF
BEGINNING.
Together with the following described parcel:
T.C.E. NO. 2
COMMENCING at the aforementioned Point “A”; thence North 0 degrees 02 minutes
10 seconds East, along the west line of said Northwest Quarter, 526.26 feet to a point
hereinafter being referred to as Point “B”;
EPS Group, Inc. 1130 N Alma School Road, Suite 120 Mesa, AZ 85201
Tel (480) 503-2250 Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\TCE Legal and exhibit\APN 501-46-854 TCE - Exhibit.docx
thence South 89 degrees 57 minutes 50 seconds East, 49.50 feet to a point on the
east line of the west 49.50’ of said Northwest Quarter, said point being the POINT OF
BEGINNING;
thence North 0 degrees 02 minutes 10 seconds East, along said east line, 243.47
feet;
thence South 89 degrees 57 minutes 44 seconds East, 44.04 feet;
thence South 0 degrees 02 minutes 16 seconds West, 243.47 feet;
thence North 89 degrees 57 minutes 44 seconds West, 44.03 feet to the POINT OF
BEGINNING.
Together with the following described parcel:
T.C.E. NO. 3
COMMENCING at the aforementioned Point “B”; thence North 0 degrees 02 minutes
10 seconds East, along the west line of said Northwest Quarter, 650.01 feet to a point
hereinafter being referred to as Point “C”;
thence South 89 degrees 57 minutes 50 seconds East, 49.50 feet to a point on the
east line of the west 49.50’ of said Northwest Quarter, said point being the POINT OF
BEGINNING;
thence North 0 degrees 02 minutes 10 seconds East, along said east line, 244.00
feet;
thence South 89 degrees 57 minutes 44 seconds East, 45.06 feet;
thence South 0 degrees 02 minutes 16 seconds West, 244.00 feet;
thence North 89 degrees 57 minutes 44 seconds West, 45.05 feet to the POINT OF
BEGINNING.
Together with the following described parcel:
T.C.E. NO. 4
COMMENCING at the aforementioned Point “C”; thence North 0 degrees 02 minutes
10 seconds East, along the west line of said Northwest Quarter, 674.04 feet;
EPS Group, Inc. 1130 N Alma School Road, Suite 120 Mesa, AZ 85201
Tel (480) 503-2250 Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\TCE Legal and exhibit\APN 501-46-854 TCE - Exhibit.docx
thence South 89 degrees 57 minutes 50 seconds East, 49.50 feet to a point on the
east line of the west 49.50’ of said Northwest Quarter, said point being the POINT OF
BEGINNING;
thence North 0 degrees 02 minutes 10 seconds East, along said east line, 238.36
feet;
thence South 89 degrees 57 minutes 44 seconds East, 37.84 feet;
thence South 0 degrees 02 minutes 16 seconds West, 238.36 feet;
thence North 89 degrees 57 minutes 44 seconds West, 37.83 feet to the POINT OF
BEGINNING.
An area containing 40,077 square feet or 0.9200 acres, more or less.
DYSART ROAD
T.C.E. NO. 1
9,344 S.F.
0.2145 AC.
N.T.S.
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
18-081.2
TEMPORARY CONSTRUCTION EASEMENT NO. 1
APN: 501-46-854
EXHIBIT
SHEET 1 OF 4
SEE SHEET 2 OF 4
DYSART ROAD
T.C.E. NO. 2
10,721 S.F.
0.2461 AC.
N.T.S.
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
18-081.2
TEMPORARY CONSTRUCTION EASEMENT NO. 2
APN: 501-46-854
EXHIBIT
SHEET 2 OF 4
SEE SHEET 1 OF 4
SEE SHEET 3 OF 4
DYSART ROAD
T.C.E. NO. 3
10,993 S.F.
0.2524 AC.
N.T.S.
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
18-081.2
TEMPORARY CONSTRUCTION EASEMENT NO. 3
APN: 501-46-854
EXHIBIT
SHEET 3 OF 4
SEE SHEET 2 OF 4
SEE SHEET 4 OF 4
DYSART ROAD
T.C.E. NO. 4
9,019 S.F.
0.2070 AC.
N.T.S.
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
18-081.2
TEMPORARY CONSTRUCTION EASEMENT NO.4
APN: 501-46-854
EXHIBIT
SHEET 4 OF 4
SEE SHEET 3 OF 4
EPS Group, Inc. 1130 N. Alma School Rd, Suite 120 Mesa, AZ 85201
Tel (480) 503-2250 Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\18-081 Legal Description TCE 5.docx
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT NO. 5
APN: 501-46-854
JOB NO. 18-081
MARCH 15, 2022
A PORTION OF LAND LYING WITHIN SECTION 35, 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 NORTHWEST CORNER OF SAID SECTION 35, FROM WHICH THE
NORTH QUARTER CORNER THEREOF, BEARS SOUTH 89 DEGREES 11 MINUTES 54
SECONDS EAST, 2,631.95 FEET;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35,
SOUTH 89 DEGREES 11 MINUTES 54 SECONDS EAST, 627.54 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00 DEGREES 48 MINUTES 11 SECONDS
WEST, 65.00 FEET TO POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 11 MINUTES 54 SECONDS EAST, 40.00 FEET;
THENCE SOUTH 00 DEGREES 48 MINUTES 11 SECONDS WEST, 36.00 FEET;
THENCE NORTH 89 DEGREES 11 MINUTES 54 SECONDS WEST, 40.00 FEET;
THENCE NORTH 00 DEGREES 48 MINUTES 11 SECONDS EAST, 36.00 FEET TO THE
POINT OF BEGINNING.
SAID PORTION OF LAND CONTAINING 1,440 SQUARE FEET, OR 0.0331 ACRES, MORE
OR LESS, AND BEING SUBJECT TO ANY EASEMENTS, RESTRICTIONS, AND/OR RIGHTS-
OF-WAYS OF RECORD OR OTHERWISE.
THIS DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE SUBDIVISION
REGULATIONS OF THE STATE, COUNTY AND/OR MUNICIPALITY, OR ANY OTHER LAND
DIVISION RESTRICTIONS.
NORTH
15
scale
30
feet
0
EXHIBIT
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
OLIVE AVENUE - EL MIRAGE
TCE - 5
18-081
OLIVE AVENUE
DYSART ROAD
APN 501-46-854
MICROSOFT CORPORATION
EPS Group, Inc. 1130 N. Alma School Rd, Suite 120 Mesa, AZ 85201
Tel (480) 503-2250 Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\18-081 Legal Description TCE 6.docx
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT NO. 6
APN: 501-46-854
JOB NO. 18-081
MARCH 15, 2022
A PORTION OF LAND LYING WITHIN SECTION 35, 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 NORTHWEST CORNER OF SAID SECTION 35, FROM WHICH THE
NORTH QUARTER CORNER THEREOF, BEARS SOUTH 89 DEGREES 11 MINUTES 54
SECONDS EAST, 2,631.95 FEET;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35,
SOUTH 89 DEGREES 11 MINUTES 54 SECONDS EAST, 1,522.69 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00 DEGREES 48 MINUTES 11 SECONDS
WEST, 65.00 FEET TO POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 11 MINUTES 54 SECONDS EAST, 40.00 FEET;
THENCE SOUTH 00 DEGREES 48 MINUTES 11 SECONDS WEST, 86.00 FEET;
THENCE NORTH 89 DEGREES 11 MINUTES 54 SECONDS WEST, 40.00 FEET;
THENCE NORTH 00 DEGREES 48 MINUTES 11 SECONDS EAST, 86.00 FEET TO THE
POINT OF BEGINNING.
SAID PORTION OF LAND CONTAINING 3,440 SQUARE FEET, OR 0.0790 ACRES, MORE
OR LESS, AND BEING SUBJECT TO ANY EASEMENTS, RESTRICTIONS, AND/OR RIGHTS-
OF-WAYS OF RECORD OR OTHERWISE.
THIS DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE SUBDIVISION
REGULATIONS OF THE STATE, COUNTY AND/OR MUNICIPALITY, OR ANY OTHER LAND
DIVISION RESTRICTIONS.
NORTH
15
scale
30
feet
0
EXHIBIT
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
OLIVE AVENUE - EL MIRAGE
TCE - 6
18-081
OLIVE AVENUE
DYSART ROAD
APN 501-46-854
MICROSOFT CORPORATION
EPS Group, Inc. 1130 N. Alma School Rd, Suite 120 Mesa, AZ 85201
Tel (480) 503-2250 Fax (480) 503-2258
S:\Projects\2018\18-081\Legal Survey\Legals\18-081 Legal Description TCE 7.docx
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT NO. 7
APN:501-46-854
JOB NO. 18-081
MARCH 15, 2022
A PORTION OF LAND LYING WITHIN SECTION 35, 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 NORTHWEST CORNER OF SAID SECTION 35, FROM WHICH THE
NORTH QUARTER CORNER THEREOF, BEARS SOUTH 89 DEGREES 11 MINUTES 54
SECONDS EAST, 2,631.95 FEET;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35,
SOUTH 89 DEGREES 11 MINUTES 54 SECONDS EAST, 1,995.65 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00 DEGREES 48 MINUTES 11 SECONDS
WEST, 65.00 FEET TO POINT OF BEGINNING;
THENCE SOUTH 89 DEGREES 11 MINUTES 54 SECONDS EAST, 40.00 FEET;
THENCE SOUTH 00 DEGREES 48 MINUTES 06 SECONDS WEST, 89.00 FEET;
THENCE NORTH 89 DEGREES 11 MINUTES 54 SECONDS WEST, 40.00 FEET;
THENCE NORTH 00 DEGREES 48 MINUTES 06 SECONDS EAST, 89.00 FEET TO THE
POINT OF BEGINNING.
SAID PORTION OF LAND CONTAINING 3,560 SQUARE FEET, OR 0.0817 ACRES, MORE
OR LESS, AND BEING SUBJECT TO ANY EASEMENTS, RESTRICTIONS, AND/OR RIGHTS-
OF-WAYS OF RECORD OR OTHERWISE.
THIS DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE SUBDIVISION
REGULATIONS OF THE STATE, COUNTY AND/OR MUNICIPALITY, OR ANY OTHER LAND
DIVISION RESTRICTIONS.
NORTH
15
scale
30
feet
0
EXHIBIT
1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480.503.2250 | F:480.503.2258
www.epsgroupinc.com
OLIVE AVENUE - EL MIRAGE
TCE - 7
18-081
OLIVE AVENUE
DYSART ROAD
APN 501-46-854
MICROSOFT CORPORATION