SECOND AMD TO EASEMENT RE EQUESTRIAN MC TRAIL WITH ANTHEM 2.PDF

WHEN RECORDED RETURN To:
Anthem Community Council, Inc.
3701 W. Anthem Way, Suite 201
2" Floor
Anthem, Arizona 85086
SECOND AMENDMENT TO
EQUESTRIAN TRAIL DEDICATION
AND ACCESS EASEMENT
(Anthem)
This Second Amendment to the EQUESTRIAN TRAIL DEDICATION AND ACCESS
EASEMENT ("Second Amendment") is made as of this day of , 2019, by the
Anthem Community Council, Inc. ("ACC" and "Grantor") and Maricopa County, a political subdivision
of the State of Arizona ("Grantee").
RECITALS
A. WHEREAS, certain property owned by the ACC is subject to an EQUESTRIAN TRAIL
DEDICATION AND ACCESS EASEMENT recorded on October 30, 2006 in the official records of
Maricopa County, Arizona at Document No. 2006-1429874 ("Easement"); and
B. WHEREAS, the ACC recorded an Amendment to Equestrian Trail Dedication and
Access Easement on January 25, 2019 in the official records of Maricopa County, Arizona at Document
No. 2019-0054164 to realign portions of the trail ("First Amendment"); and
C. WHEREAS, the ACC has discovered errors in the legal descriptions contained in the
First Amendment and the Easement; and
D. WHEREAS, the ACC desires to correct the legal description errors in the Easement and
First Amendment via this Second Amendment as well as clarify the allowed uses within the dedicated
equestrian trail and access easement; and
E. WHEREAS, the ACC wishes to further amend the Easement and First Amendment to
establish and abandon additional portions of the dedicated equestrian trail and access easement; and
F. WHEREAS, the ACC was obligated under the Maricopa County Development Master
Plan for Anthem dated December 24, 1994, as subsequently amended ("Master Plan"), to grant the
Easement for the benefit of the public; and
G. WHEREAS, this Second Amendment is consistent with the Master Plan; and
H. WHEREAS, the ACC may amend the Easement by one or more written instruments
recorded in the Official Records of Maricopa County.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Easement and the First Amendment are amended as follows:
1. The accuracy of the foregoing Recitals is acknowledged and the Recitals shall, by this
reference, be incorporated herein and made a part of this Second Amendment.
2. Unless otherwise defined herein, each capitalized term used in this Second Amendment shall
have the meaning given to such term in the Easement and First Amendment, as applicable.
3. Paragraphs 1 and 2 of the Easement are hereby stricken in their entirety and replaced with the
following:
1. Grant of Equestrian Trail Dedication and Access Easement. Consistent with the Master
Plan and subject to the terms and conditions set forth herein, Grantor hereby grants and
dedicates to the Grantee for the benefit of the public (collectively, the "Benefited Parties") a
perpetual non-exclusive easement over and across the Easement Property for use as an
equestrian and multi-use recreational trail consistent with the terms of the Master Plan,
together with the right for Grantee to access the Easement Property for maintenance. This
Easement is granted "as-is" without any representations or warranties of Grantor as to the
condition of the Easement Property.
2. Prohibition on Vehicular Use. Notwithstanding anything contained herein to the
contrary, it is acknowledged and agreed that the Easement Property may be used solely by
the Benefited Parties for equestrian and multi-use recreational purposes and that the use or
operation by the Benefited Parties of motorized vehicles of any type or nature, including but
not limited to, automobiles, trucks, motorcycles, or all-terrain vehicles is expressly
prohibited, unless such use is related to maintenance of the Easement Property. With the
exception of trail maintenance activities, the Benefited Parties shall also be expressly
prohibited from using the Easement Property for any other purpose not specifically related to
the use of the Easement Property as an equestrian and multi-use recreational trail.
4. Additionally, a clerical error was made on Sheet 1 of 24 of Exhibit B attached to the
Easement as the Course between Section Line and POB does not match the legal description
in Exhibit A attached to the Easement. Accordingly, Exhibit B attached to the Easement is
amended to replace the reference to N89° 46' 50" W with S89° 48' 50" E.
5. The First Amendment is amended as follows:
The property described in Exhibit A and depicted on Exhibit B, attached hereto and made a
part hereof, is hereby added to the legal description of the Easement Property set forth in
Exhibit A attached to the Easement.
6. The Easement is amended further as follows:
a. The portion of the Easement Property described on Exhibit C and depicted on Exhibit
D, attached hereto and made a part hereof, is hereby abandoned and removed from

the legal description of the Easement Property set forth in Exhibit A attached to the
Easement.
b. The property described in Exhibit E and depicted on Exhibit F, attached hereto and
made a part hereof, is hereby added to the legal description of the Easement Property
set forth in Exhibit A attached to the Easement.
c. The portion of the Easement Property described on Exhibit G and depicted on Exhibit
H, attached hereto and made a part hereof, is hereby abandoned and removed from
the legal description of the Easement Property set forth in Exhibit A attached to the
Easement.
7. Unless funds are not appropriated in any Grantee fiscal year, the dedicated equestrian and multi-
use recreational trail shall be maintained by the Grantee.
8. Except as expressly amended by this Second Amendment, the Easement and First Amendment
shall remain in full force and effect. In the event of any conflict or inconsistency between this
Second Amendment and the Easement, this Second Amendment shall prevail.
9. This Second Amendment may be signed in any number of counterparts with the same effect as if
the signatures thereto and hereto are upon the same instrument.
SIGNATURE PAGES TO FOLLOW

IN WITNESS WHEREOF, the Anthem Community Council, Inc., an Arizona nonprofit
corporation, has executed this Amendment as of the date first written above.
GRANTOR
ANTHEM COMMUNITY COUNCIL,
an Arizona nonprofit corporation
By:
Its: President
State of Arizona
County of
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this day of
, 2019, by , the President of the Anthem Community
Council, Inc., an Arizona nonprofit corporation, for and on behalf of the corporation.
My Commission Expires: Notary Public

GRANTEE
IN WITNESS WHEREOF, Maricopa County, a political subdivision of the State of Arizona,
has executed this Second Amendment in acceptance of the Easement, First Amendment, and Second
Amendment, as of the date written below.
MARICOPA COUNTY
a political subdivision of the State of Arizona
By:
Bill Gates, Chairman
Board of Supervisors
ATTEST:
By:
Clerk of the Board Date
State of Arizona
County of
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this day of
, 2019, by Bill Gates, the Chairman of the Board of Supervisors of Maricopa County, a
political subdivision of the State of Arizona.
My Commission Expires: Notary Public
The foregoing Second Amendment has been reviewed by the undersigned counsel who has determined
that it is in proper form and within the power and authority granted under the laws of the State of
Arizona.
Deputy County Attorney Date

EXHIBIT "A"
LEGAL DESCRIPTION
FOR
TRAIL EASEMENT
OVER A PORTION OF APN 211-86-556A
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 6 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE EQUESTRIAN TRAIL DEDICATION AND ACCESS EASEMENT RECORDED IN
DOCUMENT 2006-1429874, M.C.R. SITUATED IN TRACT 'E', SHOWN ON THE ANTHEM UNIT 53
FINAL PLAT, RECORDED IN BOOK 649, PAGE 20, M.C.R. SITUATED IN THE SOUTHWEST QUARTER
OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AN EASEMENT BEING 8 FEET IN WIDTH, LYING 4 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 19, BEING MONUMENTED BY AN
ALUMINUM CAP STAMPED "33307" FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 19
BEARS NORTH 89 DEGREES 53 MINUTES 15 SECONDS WEST, 2613.34 FEET, BEING
MONUMENTED BY A BENT GLO BRASS CAP;
THENCE UPON AND WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19,
NORTH 89 DEGREES 53 MINUTES 15 SECONDS WEST, 513.67 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 06 MINUTES 58 SECONDS EAST,
147.28 FEET TO THE WEST END OF SEGMENT L384 OF SAID EQUESTRIAN TRAIL DEDICATION AND
ACCESS EASEMENT AND THE POINT OF BEGINNING;
THENCE NORTH 80 DEGREES 43 MINUTES 19 SECONDS WEST, 9.01 FEET;
THENCE NORTH 76 DEGREES 43 MINUTES 15 SECONDS WEST, 60.57 FEET TO THE POINT OF
CURVATURE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET;
THENCE THROUGH SAID CURVE A CENTRAL ANGLE OF 60 DEGREES 51 MINUTES 09 SECONDS, AN
ARC LENGTH OF 12.74 FEET;
THENCE NORTH 15 DEGREES 48 MINUTES 40 SECONDS WEST, 35.81 FEET TO A POINT OF
CURVATURE TO THE LEFT HAVING A RADIUS OF 105.00 FEET;
THENCE THROUGH A CENTRAL ANGLE OF 77 DEGREES 51 MINUTES 40 SECONDS, AN ARC LENGTH
OF 142.69 FEET;
THENCE SOUTH 86 DEGREES 19 MINUTES 40 SECONDS WEST, 44.72 FEET;
THENCE SOUTH 68 DEGREES 48 MINUTES 48 SECONDS WEST, 228.16 FEET TO A POINT OF
CURVATURE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET;
THENCE THROUGH A CENTRAL ANGLE OF 16 DEGREES 50 MINUTES 02 SECONDS, AN ARC LENGTH
OF 29.38 FEET;
THENCE SOUTH 85 DEGREES 38 MINUTES 50 SECONDS WEST, 108.50 FEET;
THENCE SOUTH 55 DEGREES 18 MINUTES 51 SECONDS WEST, 66.67 FEET;
THENCE SOUTH 67 DEGREES 11 MINUTES 24 SECONDS WEST, 14.15 FEET;

THENCE SOUTH 37 DEGREES 54 MINUTES 58 SECONDS WEST, 26.05 FEET;
THENCE SOUTH 62 DEGREES 46 MINUTES 56 SECONDS WEST, 12.61 FEET;
THENCE SOUTH 42 DEGREES 51 MINUTES 03 SECONDS WEST, 43.98 FEET TO A POINT ON
SEGMENT L375 AND THE POINT OF TERMINUS FROM WHICH THE AFORSAID SOUTHWEST
CORNER OF SAID SECTION 19 BEARS SOUTH 86 DEGREES 52 MINUTES 56 SECONDS WEST,
1388.73 FEET, AND CONTAINING A COMPUTED AREA OF 6,680 SQUARE FEET OR 0.153 ACRES OF
LAND, MORE OF LESS.

TM
Engneerng TM

TM
Engneerng TM

EXHIBIT "C"
LEGAL DESCRIPTION
FOR
TRAIL EASEMENT ABANDONMENT
OVER A PORTION OF APN 211-86-556A
A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 19,
TOWNSHIP 6 NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF THE EQUESTRIAN TRAIL DEDICATION AND ACCESS EASEMENT RECORDED IN
DOCUMENT 2006-1429874, M.C.R. SITUATED IN TRACT 'E', SHOWN ON THE ANTHEM UNIT 53
FINAL PLAT, RECORDED IN BOOK 649, PAGE 20, M.C.R. SITUATED IN THE SOUTHWEST QUARTER
OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 3 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AN ABANDONMENT OF A PART OF AN EASEMENT OF LAND BEING 8 FEET IN WIDTH, LYING 4 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, FROM A POINT ON SEGMENT L375
THRU SEGMENT L383 OF THE EQUESTRIAN TRAIL DEDICATION AND ACCESS EASEMENT
RECORDED IN DOCUMENT 2006-1429874, M.C.R. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 19, BEING MONUMENTED BY AN
ALUMINUM CAP STAMPED "33307" FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 19
BEARS NORTH 89 DEGREES 53 MINUTES 15 SECONDS WEST, 2613.34 FEET, BEING
MONUMENTED BY A BENT GLO BRASS CAP;
THENCE UPON AND WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19,
NORTH 89 DEGREES 53 MINUTES 15 SECONDS WEST, 513.67 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 06 MINUTES 58 SECONDS EAST,
147.28 FEET TO THE WEST END OF SEGMENT L384 OF SAID EQUESTRIAN TRAIL DEDICATION AND
ACCESS EASEMENT AND THE POINT OF BEGINNING;
THENCE NORTH 80 DEGREES 43 MINUTES 19 SECONDS WEST, 19.07 FEET;
THENCE SOUTH 27 DEGREES 33 MINUTES 12 SECONDS WEST, 9.54 FEET;
THENCE SOUTH 00 DEGREES 07 MINUTES 57 SECONDS WEST, 60.49 FEET ;
THENCE SOUTH 56 DEGREES 00 MINUTES 53 SECONDS WEST, 7.75 FEET;
THENCE SOUTH 82 DEGREES 42 MINUTES 41 SECONDS WEST, 16.91 FEET;
THENCE NORTH 63 DEGREES 56 MINUTES 15 SECONDS WEST, 54.52 FEET;
THENCE SOUTH 86 DEGREES 36 MINUTES 03 SECONDS WEST, 257.73 FEET;
THENCE SOUTH 89 DEGREES 15 MINUTES 07 SECONDS WEST, 286.87 FEET;
THENCE SOUTH 89 DEGREES 51 MINUTES 03 SECONDS WEST, 73.61 FEET TO A POINT ON
SEGMENT L375 AND THE POINT OF TERMINUS FROM WHICH THE AFORSAID SOUTHWEST
CORNER OF SAID SECTION 19 BEARS SOUTH 86 DEGREES 52 MINUTES 56 SECONDS WEST,
1388.73 FEET, AND CONTAINING A COMPUTED AREA OF 6,292 SQUARE FEET OR 0.144 ACRES OF
LAND, MORE OF LESS.

TM
Engneerng TM

TM
Engneerng TM

Exhibit "E"

ITOFAPARTOF Att CES
SITUATFT - TRACT 'F' — ANTHEM UNIT
e 2 of 2
Southeasterly, having a radius of 50000 fe
Thence Southeasterly, through a central angle of 09c0243, a distance of 789
Thence South 84°57'41 nce of 34.41feet;
Thence South 53°52'46" . d of 45.53 eat;
Thence North 8 '01" East a ne t L254 per
said Equestrian Trail and Access this Centerline-J.
Containina O. 9 4 Acres q. It., more or less.

Exhibit "F"

S 1/4 CON.
SECTION 24 T.6N. R.2E,
CLO BRASS CAP
WEST END OF SEGMENT
EQUESTRIAN TRAIL AND
-ACCESS EA' ;.:. "!ENT RECORD'
DOC. 2006-1 ,:29874 M.C.R.
POINT OF TERMINUS
E 1/4 COR.
SECTION 23
T.6N, R.25,
3LO BRASS CAP
RADIAL BEARING S/E CON. SECTION 23
NO2'13'45'W TEN. R.2E.
GLO BRASS OAP
EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION
RF -ALIGNMENT OF A PART OF
TRAIL AND ACCES
PART o',T TRACT "F"

55.67 560'31'51"E
124,52 56'24"E
N8604'29'E
34.76 N86'59'4
578'42'45"E
N88°,5323"E
N8235'53"E
45.53 S53'52'46"
54,49 I N88'48'01'E
CU P TABLE
,ENGTH RADIUS I DELTA
128,66 400,00 I 13°25'45
C2 I 73.61 I 300.00 I 1403'31"
EX.1-HBU TO ACCOMPANY LEGAL DESCRVIION
RE-ALIGNMENT OF A PART OF
HAIL AND ACCESS
Ituttul, su:t TRA,

Exhibit "G"

January 18, 2019
ABANDONMENT OF A PART OF AN EQUESTRIAN TRAIL AND ACCESS EASEMENT
SITUATED IN TRACT 'F' — ANTHEM UNIT 51
Page 2 of 2
Thence South 69°35'34" East, a distance of 19.06 feet, to a point on the East line of Section 23
Township 6 North, Range 2 East from which the Southeast Corner of said Section bears South
00°10'28" West a distance of 171.81 feet;
Thence continuing Easterly along said Centerline, the following courses;
Thence South 81°07'26" East, a distance of 44.85 feet;
Thence South 36°37'56" East, a distance of 45.27 feet;
Thence South 54°16'20" East, a distance of 40.89 feet;
Thence South 79°41'47" East, a distance of 27.60 feet;
Thence North 89°44'41" East, a distance of 36.36 feet;
Thence South 60°22'28" East, a distance of 31.00 feet;
Thence South 41°5338" East, a distance of 26.79 feet;
Thence South 25°20'25" East, a distance of 30.00 feet;
Thence South 54°36'40" East, a distance of 18.28 feet, to the West end of Segment L254 per
said Equestrian Trail and Access Easement, and the POINT OF TERMINUS for this Centerline.
Containing 0.1513 Acres or 9590 sq. ft., more or less.

Exhibit "H"

SCALE
TO
NOT
44"- ;EC1/T4IONC°2R4. T. 6N . R.2E.
- GLO BRASS CAP
WEST END OF SEGMENT L254
EQUESTRIAN TRAIL AND
ACCESS EASEMENT RECORDED
DOC. 2006-1429874 M.C.R.
POINT OF TERMINUS
L253
L252.,
L251
L250\
L249 \
L248
E 1/4 COR. L247
SECTION 23 L246
T.6N. R.2E.
DLO BRASS CAP
L245 - - 171.81' %ID
NO010 1 28 nE COR. SECTION 23
2639.20' T.6N. R.2E.
GLO BRASS CAP
Sheet: 2 of 3
EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION
ABANDONMENT OF A PART OF AN EQUESTRIAN
Stanley Consultants TRAIL AND ACCESS EASEMENT
filootis, co., AZ co_boch SW% Ih.ra4. 1.14 400 PART OF TRACT "F" - ANTHEM UNIT 51
602-.N73.-23.13 602-3,)3-22c0 (0) cn
Date: 01/18/2019

LINE TABLE LINE TABLE
LINE LENGTH BEARING LINE LENGTH BEARING
L226 21.49 N54'34'27"E L246 45.27 53637'56"E
L227 36.88 N 430641"E L247 40.89 S5416'20"E
L228 47.78 N622556E L248 27.60 57941'47"E
L229 46.07 N8125'47"E L249 36.36 N 89 -44' 41"E
L230 82.25 N7518 .04"E L250 31.00 560'22'28"E
L231 105.01 N7719'33E L251 26.79 54153'38"E
L232 33.72 N694221"E L252 30.00 5252025"E
L233 19.16 N4915'03E L253 18.28 S54'36'40"E
L234 46.85 N 331434"E
L235 28.17 N 4151 . 36"E
L236 45.96 N895848"E
L237 36.26 58231'27E
L238 64.63 N75'47'41"E
L239 24.69 584'48'47"E
L240 64.50 S74'57 .14"E
L241 56.59 S51'48'07E
L242 30.69 57056'53"E
L243 109.44 S47'36'12"E
L244 19.06 56935'34"E
L245 44.85 581'0726E
Sheet: 3 of 3
EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION
ABANDONMENT OF A PART OF AN EQUESTMAN
Stanley Consultants iNc. TRAIL AND ACCESS EASEMENT
Phroni., 1651 Etul A2 Cum&back 650i16 !toad, ooP!l 400 PART OF TRACT "F" - ANTHEM UNIT 51
coz-n3-233.3 O0Z-335-221:0(0)
Date: 01/18/2019