Acceptance of a Sidewalk Easement and issuance of a Retention Wall and Access Easement, both of which are required in conjunction with construction of the Microsoft PHX 10-11 Project located on Broadway Road, West of Litchfield Road. 
 

1. Accept a Sidewalk Easement from Microsoft Corporation, a Washington corporation; and

2. Issue a Retention Wall and Access Easement to Microsoft Corporation, a Washington Corporation. (Linda Beals, Real Estate Coordinator)

There will be no fiscal impact to the City in the fiscal year 2022 or future years with either the acceptance or the issuance of the easements.
 

The United States of America, Department of Energy, Western Area Power Administration (“WAPA”) has an easement for electrical transmission facilities along the north side of Broadway Road. They currently have a series of 230-kv electrical transmission lines within this easement area. These lines are too large to place underground and require significant sized poles and foundations. The 230-kv electrical transmission lines are considered critical to the overall metropolitan Phoenix power grid.  In order to protect their facilities, WAPA requires that all plans be submitted to them for review and approval prior to any construction being completed within their easement area. 
 
In November 2019, the City needed to construct portions of the Surface Water Pipeline along Broadway Road and Microsoft Corporation, a Washington Corporation (“Microsoft”), needed to construct portions of Broadway Road adjacent to their development. Both projects required work to be performed within the WAPA easement area. The City and WAPA entered into a license agreement dated November 22, 2019, to allow for the construction of both projects within their easement area. The license agreement has been subsequently amended and superseded with the most recent agreement date being August 12, 2021.
 
It was determined, during the Broadway Road construction process that in order to minimize any impact to the poles, the sidewalk location needed to be modified and placed within the adjacent property owned by Microsoft. Microsoft has provided the Sidewalk Easement to accommodate the modified location of the sidewalk. 
 
In addition, it was determined that a retention wall is required due to the grading and roadway improvements proximity to one of the electrical transmission line poles. Microsoft is responsible for the construction and maintenance of the retention wall which will be constructed within the City’s road right-of-way, subject to the terms of the Retention Wall and Access Easement. Microsoft has provided the signed Retention Wall and Access Easement required to place the retention wall in City road right-of-way. 
 

City staff has determined that the acceptance of the Sidewalk Easement and issuance of the Retention Wall and Access Easement are necessary in order for the City and Microsoft to comply with the design requirements created by the existing WAPA easement and their electrical transmission facilities.