Res 2655 Private Roadway Access Easement on Pima Street - Martens Park 91 Land LLC 06 23 26

RESOLUTION NO. 2655 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, APPROVING A PRIVATE ROADWAY ACCESS EASEMENT FOR 
VEHICULAR INGRESS AND EGRESS PURPOSES ACROSS THE PRIVATE STREET 
KNOWN AS PIMA STREET BETWEEN THE CITY OF TOLLESON AND MARTENS PARK 
91 LAND, LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 
EASEMENT. 
WHEREAS, the City of Tolleson owns certain real property commonly known as Pima 
Street, a private roadway located within the City; and 
WHEREAS, Martens Park 91 Land, LLC, an Arizona limited liability company, owns 
property adjacent to Pima Street legally described in Exhibit A to the Private Roadway Access 
Easement; and 
WHEREAS, Martens Park 91 Land, LLC has requested access across Pima Street for 
vehicular and pedestrian ingress and egress to serve its property and associated development; 
and 
WHEREAS, the City and Martens Park 91 Land, LLC desire to enter into a Private Roadway 
Access Easement granting a perpetual non-exclusive easement across Pima Street for roadway 
improvements and access purposes, subject to the terms and conditions set forth therein; and 
WHEREAS, the Mayor and Council have determined that approval of the Private Roadway 
Access Easement is in the best interests of the City and serves a valid public purpose. 
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON, ARIZONA, as 
follows:  
 
Section 1.  The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2.  The Private Roadway Access Easement for Vehicular Ingress and Egress 
Purposes Across the Private Street Known as Pima Street between the City of Tolleson and 
Martens Park 91 Land, LLC, is hereby approved in substantially the form attached hereto as 
Exhibit A and incorporated herein by reference. 
 
Section 3.  The Mayor, City Manager, City Clerk and City Attorney are hereby authorized 
and directed to take all steps necessary to cause the execution and delivery of this Private 
Roadway Access Easement and to take all steps necessary to carry out the purpose and intent of 
this Resolution. 
 
Section 4.  This Resolution shall take effect immediately upon its passage and adoption.

CITY OF TOLLESON RESOLUTION NO. 2655 
JUNE 23, 2026 
PAGE 2 
 
 
 
 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this 
23rd day of June, 2026. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney

CITY OF TOLLESON RESOLUTION NO. 2655 
JUNE 23, 2026 
PAGE 3 
 
 
 
 
 
EXHIBIT A 
TO 
RESOLUTION NO. 2655 
 
[Private Roadway Access Easement] 
 
See following pages.

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WHEN RECORDED, RETURN TO: 
 
City of Tolleson 
City Clerk  
9055 West Van Buren Street  
Tolleson, Arizona 85353 
 
PRIVATE ROADWAY ACCESS EASEMENT FOR 
VEHICULAR INGRESS AND EGRESS PURPOSES ACROSS THE 
PRIVATE STREET KNOWN AS PIMA STREET 
 
This Private Roadway Access Easement ("Agreement") between THE CITY OF TOLLESON, 
an Arizona municipal corporation (the "CITY”) and MARTENS PARK 91 LAND, LLC, an Arizona 
limited liability company (“MARTENS PARK 91”), (collectively, the “party” or “parties”), is hereby 
entered into and shall be effective on the last signature date set forth below.  . 
 
RECITALS 
 
MARTENS PARK 91 is the owner of that certain real property legally described on Exhibit 
A attached hereto and incorporated herein by this reference (the "MARTENS PARK 91 Property"). 
 
The CITY is the owner of certain real property legally described on Exhibit B attached 
hereto and incorporated herein by this reference, which is a private (not public) road, commonly 
known as Pima Street (the "Easement Property"). 
 
The CITY wishes to grant MARTENS PARK 91 an easement to install, maintain and allow 
for a private roadway for pedestrian and vehicular ingress and egress use by MARTENS PARK 91, 
its contractors, tenants, employees, designees, successors and assigns (the "MARTENS PARK 91 
Parties"), on and over and the Easement Property.  
 
NOW THEREFORE, in consideration of the premises and promises contained herein, and 
other good and valuable consideration, the receipt and sufficiency of which are hereby 
acknowledged, the parties agree as follows: 
 
AGREEMENTS 
 
1. 
Accuracy of the Recitals. The parties hereby acknowledge the accuracy of the 
Recitals, which are incorporated herein by this reference. 
 
2. 
Grant of Easements.  The CITY hereby grants to MARTENS PARK 91, for the benefit 
of the MARTENS PARK 91 Parties, a perpetual non-exclusive easement on, over and under the 
Easement Property for construction, reconstruction, maintenance, repair and use of private 
roadway improvements (including, without limitation, curb, gutter and roadway), as generally 
described on Exhibit C attached hereto and incorporated herein by this reference (the "Roadway

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Improvements"). 
 
3. 
Non-Interference with Roadway Improvements. The easement granted to 
MARTENS PARK 91 across the Easement Property is a non-exclusive easement; provided, 
however, the CITY agrees and acknowledges that in no event shall any other use of the Easement 
Area by the CITY, or any party obtaining its interest by or through the CITY, in any way interfere 
with, conflict with or disrupt MARTENS PARK 91's use of the Roadway Improvements described 
herein, or the free and unobstructed vehicular ingress and egress from the MARTENS PARK 91 
Property across the Easement Property to and from the public street known as 91st Avenue.  Any 
damage caused to the Roadway Improvements by the CITY, or its employees, agents, contractors 
or invitees or any party obtaining its interest in the Easement Property by or through the CITY, 
shall be promptly repaired and restored by the CITY, at its sole cost and expense. 
 
4. 
Compliance with CITY Construction Requirements. MARTENS PARK 91 
understands and agrees that the initial construction of the Roadway Improvements, to be 
constructed in the currently private road referred to as Pima Street, shall comply with plans 
previously permitted and approved by City of Phoenix (attached as Exhibit D) which allows for 
public vehicular ingress and egress roadway connecting to a public street, being 91st Avenue. The 
plans and specifications for the initial construction of the Roadway Improvements (the 
"Approved Plans") have been submitted to the CITY and were previously approved. Copies of the 
Approved Plans will be on file with the CITY. The initial construction of the Roadway 
Improvements shall be materially in accordance with the Approved Plans, including the type and 
quality of materials used. No material alteration, addition, modification, deviation from or 
amendment to the Approved Plans shall be made or permitted without the CITY's prior written 
approval. 
 
5. 
MARTENS PARK 91 to Bear Cost of Improvements. The CITY shall not be 
responsible for any costs and expenses of designing, constructing or maintaining the Roadway 
Improvements. MARTENS PARK 91 shall be responsible for ensuring that the initial construction 
is completed in a good and workmanlike manner, in accordance with the Approved Plans. 
Associated costs for the Roadway Improvements will be the responsibility of MARTENS PARK 91. 
 
6. 
Maintain the Easement Property Fee of Liens. MARTENS PARK 91 shall keep the 
Easement Property free and clear of any or all mechanic's and materialmen's liens arising out of 
MARTENS PARK 91, including, but not limited to, mechanics' and materialmen's liens relating to 
the MARTENS PARK 91 work contemplated hereby. 
 
7. 
Indemnification. MARTENS PARK 91 agrees to indemnify and hold harmless and 
release the CITY from any and all claims for damages or injury arising from or in any way incident 
to the design, engineering, construction, and use of the Roadway Improvements, or the exercise 
of any other rights or obligations under this Agreement. MARTENS PARK 91's indemnification 
shall expressly include, but shall not be limited to, damages to the CITY or its members' properties 
resulting from failure of or damage to any CITY property. In the event that the CITY is named as 
a party to any lawsuit to which this indemnification provision applies, MARTENS PARK 91 shall

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reimburse the CITY for all attorneys' fees and costs incurred in defending itself in the lawsuit. 
Notwithstanding the forgoing, in no event shall the forgoing indemnity apply to any damages or 
injuries caused by the breach of this Agreement by the CITY or the acts, negligence or willful 
misconduct of the CITY, or its employees, agents, contractors or invitees. 
 
8. 
Maintenance. Pursuant to that certain Private Roadway Access Easement for 
Vehicular Ingress and Egress Purposes across the Private Street Known as Pima Street, recorded 
as part of Resolution No. 2379 of the City of Tolleson, Arizona as Document No. 20190360200 on 
May 16, 2019, in the office of the Recorder of Maricopa County, Arizona, CRP/Marwest Logic Park 
Owner, L.L.C., previously agreed to maintain, or cause to be maintained, the Roadway 
Improvements existing in the Easement Property, in good condition and repair, provided 
however, the CITY shall be solely responsible for repairing any damage caused to the Roadway 
Improvements constructed in the Easement Property as a result of any acts or omissions of the 
CITY or its employees, contractors or agents. 
 
9. 
Enforcement. CITY and/or MARTENS PARK 91 may enforce this Agreement by 
appropriate legal action and the prevailing party in such litigation may recover as part of its costs 
in such action reasonable attorneys' fees, costs and expenses of enforcing its rights hereunder. 
This Agreement contains the entire agreement between the parties. Any modification of this 
Agreement or additional obligation assumed by either party in connection with this Agreement 
shall be binding only if evidenced in writing and signed by each party. This Agreement shall be 
construed in accordance with the laws of the State of Arizona. 
 
10. 
Reversion of Easement. In the event, any MARTENS PARK 91 Parties cease using 
the Roadway Improvements for vehicular ingress or egress purposes for a period of two years, 
this Easement shall terminate 30 days after written notice from MARTENS PARK 91 to CITY that 
it intends to terminate the Easement for non-use. 
 
11. 
Binding Effect. This Agreement shall be binding upon and benefit the Easement 
Property and MARTENS PARK 91 Property and shall benefit MARTENS PARK 91 and the MARTENS 
PARK 91 Parties and the property described on Exhibit A and Exhibit B attached hereto. This 
Agreement shall inure to and be binding upon the parties hereto and their respective successors 
and assigns and shall run with the land. Upon conveyance of the MARTENS PARK 91 Property, 
MARTENS PARK 91 shall be deemed released from its obligations under this Agreement, to the 
extent accruing on or after such conveyance date, and the successor owner of the MARTENS 
PARK 91 Property shall thereafter be deemed to have assumed all obligations under this 
Agreement accruing on the date on and after such conveyance. Any subsequent conveyance of 
the MARTENS PARK 91 Property shall likewise release such conveyance granted and bind such 
conveyance granted. The term of the easements granted herein shall be perpetual. 
 
12. 
Counterparts. This Agreement may be executed in one or more counterparts each 
of which in the aggregate shall constitute the same instrument. 
 
[signature page follows]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date 
and year last set forth below.  
 
CITY: 
CITY OF TOLLESON, ARIZONA, 
a municipal corporation 
 
By:  
 
 
 
 
 
 
 
Reyes Medrano, Jr., City Manager 
 
ACKNOWLEDGEMENT 
 
STATE OF ARIZONA 
 
) 
 
 
 
 
)  ss. 
County of Maricopa  
) 
 
 
On this _____ day of    
 
, 2026, before me, the undersigned Notary Public, 
personally appeared Reyes Medrano, Jr., CITY Manager of the CITY of Tolleson, Arizona, a 
municipal corporation, being so authorized to execute, who executed and acknowledged the 
foregoing instrument for purposes therein contained and whose identity was proven to me on 
the basis of satisfactory evidence to be the persons who they claim to be and acknowledged that 
they signed the Private Roadway Access Easement. 
 
 
IN WITNESS WHEREOF, I hereunto set my hand and official seal. 
 
 
 
 
 
 
 
 
 
 
Notary Public 
My Commission Expires: 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
Justin Pierce, City Attorney

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ACCEPTED BY: 
 
MARTENS PARK 91: 
MARTENS PARK 91 LAND, LLC,  
an Arizona limited liability company 
 
 
By:  
 
 
 
 
 
 
 
 
 
 
 
 
Name:  
 
 
 
 
 
 
 
Date 
Title:

6 
EXHIBIT A 
 
LEGAL DESCRIPTION TO MARTENS PARK 91 PROPERTY 
 
 
 
Maricopa County Assessors APNs. 101-13-002C and 101-14-576 
 
Lot 1, of PARK 91, according to the plat of record in the Office of the County Recorder of Maricopa 
County, Arizona, recorded in Book 1923 of Maps, Page 17. 
Excepting therefrom all minerals, ores and metals of every kind and character, and all coal, 
asphaltum, oil, gases, fertilizers, fossils and other like substances as reserved in Patent recorded 
in Book 165 of Deeds, Page 524, and except all minerals, oil, and gas and hydrocarbon substances 
as reserved in the Patent and reserved in Deed recorded in Docket 1952, Page 192.

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Exhibit B 
 
LEGAL DESCRIPTION OF EASEMENT PROPERTY 
 
 
[See following pages.]

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Exhibit C 
 
DESCRIPTION OF ROADWAY IMPROVEMENTS 
 
 
[See following page.]

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