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Maricopa County
Real Estate Division
EXEMPT ARS 11-1134, A2
TEMPORARY CONSTRUCTION EASEMENT AND
AGREEMENT FOR HIGHWAY PURPOSES
Parcel No's.: 101-06-430, 101-06-434
Project No.: TT0345 - MC85
(95th Avenue to 75th Avenue)
Item No's.: D22667-1, D22668-1 (JRW)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, FR AZ/TX, LLC, a Delaware limited liability partnership and FIRST
INDUSTRIAL, LP, a Delaware limited partnership, GRANTOR, for and in consideration of
the sum of One Thousand, Sixty-Nine and 001100 Dollars ($1,069.00) and other valuable
consideration, receipt of which is hereby acknowledged, does hereby grant and convey to
MARICOPA COUNTY, a political subdivision of the State of Arizona, its successors, and
assigns, GRANTEE, a Temporary Easement on, over, under and across the ground embraced
within a parcel of land situated in the County of Maricopa, State of Arizona, and described as
follows:
SEE EXHIBIT "A's" FOR LEGAL DESCRIPTION
That said Temporary Easement is granted for use of the above described property during the
construction of the improvement of a public highway.
That the undersigned Grantor shall not incur any expense as a result of the use only of the above
described property by Maricopa County, and that the property shall be used during the period of
construction of: Project Number TT0345 (the "Project").
That Maricopa County shall hold the Grantors harmless in case of any accident arising on and
during the use of the above described property until the completion of the aforementioned
Project.
Parcel No's.: 101-06-430, 101-06-434
Project No.: TT0345 - MC85
(95th Avenue to 75th Avenue)
Item No's.: D22667-1, D22668-1 (JRW)
NOW THEREFORE, in consideration of the same and further consideration hereinafter
set forth, it is agreed, that this instrument contains the entire agreement between the parties
hereto and there being no further consideration paid than herein specified.
THE COUNTY OF MARICOPA AGREES:
A. To use the property described herein for the general welfare and benefit of the public.
B. To make this Temporary Construction Easement and Agreement effective upon the
commencement of construction of the Project for the duration of one (1) year the
"Effecive Period" with the option to extend the Effective Period prior to its expiration for
up to one (1) additional year.
C. To pay the Grantor the sum of One Thousand, Sixty-Nine and 00/100 Dollars
($1,069.00) as payment in full for one (1) year (the "Annual Rate"). Consideration
payable for any period after the commencement of construction for the first full initial
year that is less than a full year shall be a monthly prorated portion of the Annual Rate,
based upon a thirty (30) day month.
D. That, if in the opinion of the Transportation Director, it becomes necessary, fences and
private structures will be removed and replaced in kind, at no expense to the Grantor
except as may be herein otherwise agreed. Any ground cover disturbed from its original
state will also be replaced in kind. Maricopa County shall repair (and shall cause its
employees, agents and contractors to repair) any damage to Grantor's property resulting
from the construction of the Project.
E. Grantor and Grantee acknowledge and agree that the proposed construction shall, in part,
affect access to two (2) buildings owned by Grantor (and/or its affiliate) located at 9310
West Buckeye Road ("9310") First Industrial, LP- D22668 and 9180 West Buckeye
Road ("9180") FR AZ/TX, LLC D22667, which are served by three (3) access drives
abutting West Buckeye Road, designated for the purposes of this Section E from west to
east along West Buckeye Road as (i) "Access Drive 1", which primarily serves 9310
(First Industrial, LP - D22668), (ii) "Access Drive 2", which is located between 9310 and
9180, and (iii) "Access Drive 3", which primarily serves 9180 (FR AZ/TX, LLC-
D22667), Grantee covenants to give written notice to Grantor's representative at least
thirty (30) days before commencement of construction activities, and to coordinate
construction so that at all times Grantor and Grantor's (and/or its affiliate's) agents,
employees, tenants, guests and invitees shall have access to both the 9310 and 9180
properties. Further, at any time that Grantee's construction activities may materially and
adversely affect ingress and/or egress through any of Access Drive 1, Access Drive 2 or
Access Drive 3, Grantee shall contact and consult with Grantor's representative to discuss
and agree upon the timing of such construction activities and reasonably limit the
duration of any restrictions on access. Notwithstanding the foregoing, in all events: (a) if
ingress and egress through Access Drive 2 is materially and adversely affected by
Grantee's construction activities at any time, then Grantee shall perform no construction
activities on Access Drive I and/or Access Drive 2 during such time; (b) if ingress and
egress through Access Drive I is materially and adversely affected by Grantee's
construction activities at any time, then Grantee shall perform no construction activities
on Access Drive 2 during such time; and (c) if ingress and egress through Access Drive 3
is materially and adversely affected by Grantee's construction activities at any time, then
Grantee shall perform no construction activities on Access Drive 2 during such time.
E. To work nights and/or weekends when possible to avoid the heavy traffic time.
THE GRANTOR AGREES:
1. To grant a temporary construction easement for the property described herein to the
County of Maricopa and/or its agents for the general welfare and benefit of the public.
2. To accept this Temporary Construction Easement and Agreement effective upon the
commencement of construction of the Project for the duration of one (1) year with the
option to extend this agreement.
3. To accept the sum of One Thousand, Sixty-Nine and 00/100 Dollars ($1,069.00) as
payment in full for one (1) year. Consideration payable for any period after the first full
initial year that is less then a full year shall be monthly prorated portion of the Annual
Rate, basd upton a thirty (30) day month.
4. That, if in the opinion of the Transportation Director, it becomes necessary, fences and
private structures will be removed and replaced in kind, at no expense to the Grantor
except as may be herein otherwise agreed. Any ground cover disturbed from its original
state will also be replaced in kind.
Parcel No's.: 101-06-430, 101-06-434
Project No.: TT0345 - MC85
(95th Avenue to 75th Avenue)
Item No's.: D22667-1, D22668-1 (JRW)
Dated this , 1 day of Mikkv\A ,2017.
GRANTOR: FR AZ/TX, LLC,
a Delaware limited liability partnership
By: First Industrial Realty Trust, Inc.,
a Maryland corporation,
its sole general partner
By: 4111U:
Name:
Its: 199"IiUri Oar
CHIEF INVESTMENT ER
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of fit , 2017
by ---5CCIO es1,-)n L. , the A ' fe to_cf. of FR6- FC, LLC, a
-
Delaware limited liability partnership, a Maryland corporation, t e so -le general partner of
FIRST INDUSTRIAL, LP; a Delaware limited partnership, for and on behalf of said limited
partnership. A
My Commission Expires 0 )0314
Public (signature)
-4 -.4
"OFFICIAL SSAL"
Helen M. Levy
Notary Public, b"tto of Illinois
v Cewl!1*T., Pwlim 03/22/17
-
Notary Stamp Seal
Parcel No's.: 101-06-430, 101-06-434
Project No.: TT0345 - MC85
(95th Avenue to 75th Avenue)
Item No's.: D22667-1, D22668-1 (JRW)
Dated this I day of M 11112-- ,2017.
GRANTOR: FIRST INDUSTRIAL, LP,
a Delaware limited partnership
By: First Industrial Realty Trust, Inc.,
a Maryland corporation,
its sole gea part
By:
Name:
Its:
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this day of f\AA1-011 , 2017
by -0\natvnctxn L. N4A IP , the Q/Vie(- of First Industrial Realty
OCsf. 6-1(
Trust, Inc., a Maryland corporation, the sole general partner of FIRST INDUSTRIAL, LP; a
Delaware limited partnership, for and on behalf of said limited partnership.
My Commission Expires 03 \ o \i
--WO`tary Public (sig
1-rizrz4-?-lev, "OITICIAL SVAL" Si/Al?
Notary t' I 0;k:, Stateof Winds
iiitd7r- 03122117
Notary Stamp Seal
Parcel No ' s.: 101-06-430, 101-06-434
Project No.: TT0345 - MC85
(95th Avenue to 75th Avenue)
Item No's.: D22667-1, D22668-1 (JRW)
RECOMMENDED FOR APPROVAL:
Right-of-Way Agent Real Property Branch Manager
ACCEPTED:
MARICOPA COUNTY BOARD OF SUPERVISORS:
By
Chairman of the Board
ATTEST:
Date
Clerk of the Board of Supervisors
Approved as to form and within the powers
and authority of the Board of Supervisors:
Deputy County Attorney Date
1
Pai-cel No. 101-06-430
MCS5 at 83rd AVENUE AND CENTER TURN LANE EXPANSION
Item No, D22667-1
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT (TCE)
DESCRIPTION
Two portions of that property described in Document number 2010-0861726 Maricopa County Recorder's
Office, being a portion of the Southeast quarter of Section 9, Township 1 North, Range 1 East, Gila and Salt
River Meridian, Maticopa County, Arizona, being more particularly described as follows:
TCE-1
COMMENCING at Southeast corner of said Southeast quarter of Section 9 from which the South quarter
corner of said Section bears South 89°55'32" West a distance of 2633.97 feet and from which the East quarter
corner of said Section bears North 00°03'07" East, a distance of 2,688.87 feet; thence along the South line of
said Southeast quarter, South 89°55'32" West a distance of 859.05 feet; thence leaving said South line, North
00°0428" West a distance of 65.00 feet to a point on a the North line of the South 65.00 feet of said Southeast
quarter and also to the POINT OF BEGINNING; thence along said North line, North 89°55'32" East a distance
of 18.37 feet; thence leaving said North line, North 00 00428" West a distance of 15.88 feet; thence South
89°55'32" West, a distance of 18.35 feet; thence South 00°00'08" East, a distance of 15.88 feet to the POINT
OF BEGINNING, containing 292 square feet or 0.0067 acres, more or less.
TCE-2
Commencing at Southeast comer of said Southeast quarter of Section 9 from which the South quarter corner of
said Section bears South 89°55'32" West a distance of 2633.97 feet and from which the East quarter corner of
said Section bears North 00°03'07" East, a distance of 2,688.87 feet; thence along the South line of said
Southeast quarter, South 89°55'32" West a distance of 401.29 feet; thence leaving said South line, North
00°04'28" West a distance of 65.00 feet to a point on a the North line of the South 65.00 feet of said Southeast
quarter and also to the POINT OF BEGINNING; thence along said North line, South 89'55'32 8 West a
distance of 60.86 feet; thence leaving said North line, North 00'04'28" West a distance of 10.00 feet; thence
North 89°5532" East, a distance of 60.86 feet; thence South 00'04'28" East, a distance of 10.00 feet to the
POINT OF BEGINNING, containing 609 square feet or 0.0140 acres, more or less.
The two above described parcels together contain 901 square feet Or 0.0207 acres more or less.
Page 1 of
22260
II KENNETH W.
GREEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION A '142k Wio
Prelim: 2-5-2013 Chk: A p pr: wibagrna.71-Y
Rev: 02-02-16 jb; 03-15-16 jb 11P".
Maricopa County Public Works - Real Estate Division EXPIRES 12 /31/2017
GRANTOR DATE
EXHIBIT "A"
:
TOE SEC. PROP. PROP. NEW EXIST. L9 L7 L6 L5 L4 L3 L2 Ll NO.
EXPIRES ....„, LINE DE RIW LEGEND:
4 ned 4 .64:y..44-2 KENNETH LINE :..x..anpp,Ar,,rsmxTr4.Irwsnmxm...essnutunn.t._.EtA.,-...a,,mr.exne.n..odnXpwtash.tk,,teh.
12 -- . GREEN 22280 Lartcl — — S00°04'28"B N89°55132"E N00°0428"01 889°55'32V S00'00'08''E S89°55'32"\N N00°04281V N89°55'32"E N00°04'28'"N BEARING
131 67:•!;_,- - ' 0/q, ,, W. 1/49 ---
12017 —
LE
-- . - 10,00' 60.86' 10.00' 60,86' 15.88' 1835' 15.88' 18.37 65,00' GTH
1
—
c'' wu ..., R LII --,-:,),
16 9 DETAIL \S \ i 7 DETAIL-I
TOE-1 101-06434 \ L1 /
.1 -, 89°553211N
—1)
L
-" LS
D22667-'1 Yi I 859.05' 12
TOTAL: TCE-2: TCE-1: 59.05' 't I._ 1 T
FR / • L4 CE-1
609 292 mC85 889°55'32"W i 1 1 L\
901 101-06-430 AZ/TX 022667-1
TEMPORARY TCE-2 DETAIL-2
SQUARE SQUARE SQUARE (BUCKEYE LLC \ I
7
FEET FEET FEET Rab) --\._ . \\S89°55 13 ./
I ---
OR OR OR CONSTRUCTION N, --.... 132"W L1
0.0207 0.0140 0,0067 40129' ____, —El'
,..-- -1,--
•-I L
ACRES ACRES ACRES EASEMENT 101-06-001L -,
4079' \
i I TCE-2 DETAIL.2
(ICE):
1
55'
, '...--, -,, -‹ u_. LL, Co Co -0,3_
ni Lib . NTS I N 4141 Ri
IF
PUBLIC WORKS REAL ESTATE DIVISION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION
PROJECT No,T1345 ITEM No, D22667- 1 DATE 02-02-16 c_5 cs .c. H R/W Tech; Ag ent: j b R S.
Ir
^Tx&
.5oN1
Parcel No. 101-06-434
MC85 at 83 rd AVENUE AND CENTER TURN LANE EXPANSION
Item No. D22668-1
LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT (ICE)
Two portions of that property described in Document number 2015-0274123 Maricopa County
Recorder's Office, being a portion of the Southeast quarter of Section 9, Township 1 North, Range 1
East, Gila and Salt River Meridian, Maricopa County, Arizona, being more particularly described as
follows:
ICE-1
COMMENCING at Southeast corner of said Southeast quarter of Section 9 from which the East
quarter corner of said Section bears North 00°03'07" East, a distance of 2,688.87 feet; thence along
the South line of said Southeast quarter, South 89 055'32" West a .distance of 1372.83 feet; thence
leaving said South line, North 0004'28" West a distance of 65.00 feet to a point on a the North line of
the South 65.00 feet of said Southeast quarter and also to the POINT OF BEGINNING; thence along
said North line, South 89 055132" West a distance of 70.00 feet; thence leaving said North line, North
00 1304128" West a distance of 10.00 feet; thence North 89°55'32" East, a distance of 70.00 feet; thence
South 00004128" East, a distance of 10.00 feet to the POINT OF BEGINNING, containing 700 square
feet more or less.
TCE-2
COMMENCING at Southeast corner of said Southeast quarter of Section 9 from which the East
quarter corner of said Section bears North 00°03'07" East, a distance of 2,688.87 feet; thence along
the South line of said Southeast quarter, South 89°55'32" West a distance of 859.05 feet; thence
leaving said South line, North 00 004 328" West a distance of 65.00 feet to a point on the North line of
the South 65.00 feet of said Southeast quarter and also to the POINT OF BEGINNING; thence along
said North line, South 8955'32" West a distance of 53.91 feet; thence North 00°04'28" West, a
distance of 15.88 feet; thence North 89°55'32" East, a distance of 70.00 feet; thence South 00°04'28"
East, a distance of 15.88 feet to the POINT OF BEGINNING, containing 856 square feet or 0.0196
acres, more or less.
The two above parcels combine contain 1,556 square feet or 0.0357 acres, more or less.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Prelim: 08-15-15 Chk: Appr:
Rev: 11/18/15 jb; 02/01/16 jb; 03 -23 -16 jb;
Maricopa County Public Works Real Estate Division EXPIRES 12 / 31 /2017
GRANTOR DATE,
EXHIBIT "A"
Page 1 of 1
L9 L8 Li L5 L5 L4 L3 Li NO,
e- „,c, ICE PROP. PROP. NEN EXIST.
EXPIRES ib cfp .I.. SEC. DE NW RAW LEGEND:
!KENNETH LINE 300°00'08"E N89°55132'E NOO°04`28% 889°551321N S00°04281 N89°55'32E 10014'28"W S89°55'32"\N 100°04'28"W BEAR
/ 12 ---7:: 11,25t2eit GREEN NG
31 . W. . — LINE
12017 . .--. " i e LENGTH
a 15,88' 53.93 15,99' 53,91' 10,00' 70,00' 10,00' 70.00 65.00'
— - • -
". ci,--03 — w -,c ---7-i cD ,, --=-.
i?
1 16 9 1
4/ TCE-1
!--r DETAIL-I \ I (
\ TCE-1 \ 1 I / TCE-2 DETAIL-2
DETAIL-1-1, 'N / \ z
N-. ---- - ,- I
L7
TOTAL: ----, ----\._
-›-- '\ --:' MEI L2
TCE-2: TCE-1: Chamberlain
1,556 1372,83' ---- Ll Li
856 700 S69°5,5'32 101-06-434 D226bd-i S89°55121/ L6
-7-_ L8
square square square 1'1111 Holdings -7- L4 L9
MC I f 1 *reiedisneJsat.
feet feet feet 85 263327' LLC ' .---
or or or (BUCKEYE DETAIL-2 -- L5 .te...dtt.O.Wr
TCE-2 ---- 1372.83'
0.0357 0.0196 0.0161 ---- ---
ROAD)
( ----\ --. ---..
acres acres acres L1 -----/c.... / N
- . / 1 ) \ / N ,
•\ / )
)
859
.05' 1 0
Illi
fi' = 6- — ft' -a--,' — -‹ L. ti., ao
1 VP AI
NI,.LS,
PUBLIC WORKS REAL ESTATE DIVISION
MC 85 at 83rd AVENUE and CENTER TURN LANE EXPANSION 1 ,th,etn,ammb.gorilmildnSsimin..invuozcer0...
PROJECT No.T1345 ITEM No, D22668- 1 DATE 03- 23-1 6 Y. R/W Tech: Agent: j b R S.