CONSERVATION EASEMENT DOCUMENTATION REPORT.PDF
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Conservation Easement Documentation Report 65.3 Acres Within the Hassayampa River Conservation Area Maricopa County, Arizona Prepared By: Jody Norris Date of Report: March 9, 2017 Title: Land and Water Protection Manager, Northern Arizona – The Nature Conservancy Office Location: Flagstaff Office Address: 114 N. San Francisco Street, Suite 205, Flagstaff, AZ 86004 Condition of Protected Property as of March 8, 2017 HASSAYAMPA RIVER PRESERVE Easement Documentation Report March, 2017 Acknowledgement of Condition This acknowledgement constitutes a part of a Conservation Easement Documentation Report, prepared in conjunction with a Conservation Easement being executed simultaneous with this Conservation Easement Documentation Report, to The Nature Conservancy, a non-profit corporation organized and existing under the laws of the District of Columbia (“Conservancy”), over property that the Conservancy is conveying to Maricopa County, a political subdivision of the State of Arizona (“County”). The Conservation Easement covers a tract of land in Maricopa County, Arizona (“Protected Property”). This Conservation Easement Documentation Report, dated March 8, 2017, was prepared by Jody Norris, the Conservancy’s Northern Arizona Land and Water Protection Manager, and includes a cover page, table of contents, maps, photographs, tables, exhibits, this Acknowledgement, and contains a natural resources inventory of the Protected Property, consisting of 65.3 acres. County and Jody Norris, a representative of the Conservancy, hereby acknowledge and agree that the Conservation Easement Documentation Report is an accurate representation of the condition of the Protected Property as of March 8, 2017. CONSERVANCY: THE NATURE CONSERVANCY By: Date: Name: Jody Norris Title: Land and Water Protection Manager, Northern Arizona STATE OF _________________) ) ss COUNTY OF _______________) The foregoing instrument was acknowledged before me this ____ day of , 2017, by Jody Norris, Land and Water Protection Manager, Northern Arizona of The Nature Conservancy, a non-profit corporation under the laws of the District of Columbia, on behalf of said corporation. ___________________________ Notary Public My Commission Expires: HASSAYAMPA RIVER PRESERVE 2 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ County hereby acknowledges that they have reviewed this Easement Documentation Report and concurs with the Conservancy’s representation of the condition of the Property as of March 8, 2017. COUNTY MARICOPA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA By: Denny Barney Its: Chairman ATTEST: Clerk of the Board of Supervisors Date APPROVED AS TO FORM: ___________________________ Date: ___________ Deputy County Attorney RECOMMENDED: _______________________ Date: ____________ RJ Cardin, Director Maricopa County Director, Parks and Recreation Department HASSAYAMPA RIVER PRESERVE 3 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ TABLE OF CONTENTS Page I. Cover page 1 II. Acknowledgement of condition 2-3 III. Baseline documentation A. Introduction 5 B. Location 5 C. Site description 5 D. Ecological features, conservation values & scope of Conservation Easement 6 E. Site Master Plan F. Photographs 6 G. Protected Property Uses and Condition (1) Conservation Easement Terms and Conditions 7-9 (2)Additional Conditions of Use in the Master Plan 9-15 Exhibits: Exhibit 1: Legal description of Protected Property Exhibit 2: Maps of Protected Property Map A - General Location of Protected Property Map B1 - Aerial Photograph of Protected Property and Map B2 – Depiction of Building Envelope Boundary Map C - Photo Point Locations, Roads, Trail System, Well, Easements and Established Parking Areas Exhibit 3: List of photo points and photographs Exhibit 4: GPS waypoints – photo point locations HASSAYAMPA RIVER PRESERVE 4 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ Conservation Easement Documentation Report A. Introduction This Easement Documentation Report (“Documentation Report”) has been prepared in conjunction with a conservation easement (“Conservation Easement”) granted to The Nature Conservancy, a non-profit corporation organized and existing under the laws of the District of Columbia (“Conservancy”), over Protected Property (as defined below) being conveyed by the Conservancy to Maricopa County, a political subdivision of the State of Arizona (“County”). The Conservation Easement covers approximately 65.3 acres of land in Maricopa County, Arizona, as legally described in attached Exhibit 1 (“Protected Property”). The Protected Property and the building area within the Protected Property (the “Building Envelope”) are shown on the attached Exhibit 2, maps A through C. This Documentation Report is intended to document the condition of the Protected Property as of March 9, 2017 and to provide a natural resources inventory of the Protected Property. B. Location The Protected Property is located in Maricopa County, Arizona, three miles southeast of the Town of Wickenburg. Wickenburg is located approximately 60 miles northwest of the City of Phoenix, Arizona. The Protected Property is bordered by US 60/89 to the east, BLM Vulture Mountains Cooperative Management Area to the West, and contains a stretch of the Hassayampa River. The Protected Property is legally described on Exhibit 1. Exhibit 2A shows the location of the Protected Property on a map. The Protected Property can be reached by traveling north on Interstate 17 from the City of Phoenix. Continue west on Arizona Highway 74 (Carefree Highway) for approximately 30 miles. Turn north onto US 60/89 and follow for 6.2 miles to the Protected Property entrance. The Protected Property is located west of US 60/89 and is accessible via a gravel road located approximately 464 feet northwest of milepost 114. C. Site Description of Conservation Area The Conservancy has identified areas with significant conservation priorities through a planning process known as Ecoregional Planning. These sites are known as Conservation Areas. The Protected Property is within the Hassayampa River Conservation Area. The Hassayampa River Preserve (“Preserve”) protects nearly five miles of perennial flow towards the downstream end of the Conservation Area. The Preserve protects key riparian habitat and supports several rare species, including southwestern willow flycatcher, yellow-billed cuckoo and the only known nesting location for red-shouldered hawks in the State of Arizona. Historically, the overall goals for this Conservation Area are (1) to maintain riverine system functions and (2) to maintain the intact desert-upland-to-river landscape. Specifically, the Conservancy works to maintain: quantity and quality of existing baseflows in the Hassayampa River; natural river floodplain morphology; unfragmented desert uplands and connection between river and wash/sediment complexes to the west and east; and maintain and enhance, where necessary and feasible, existing populations of all Federal and State listed species. The Conservancy is developing partnerships with federal, state and local public agencies and private entities to identify common conservation objectives in a broad landscape-scale context; raise public and private awareness concerning the ecological significance and threats to the site; and develop initiatives to accomplish conservation goals. HASSAYAMPA RIVER PRESERVE 5 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ D. Ecological Features/Conservation Values of the Protected Property The purpose of the Conservation Easement is to preserve and protect in perpetuity the Conservation Values (defined below) and the Conservation Purpose, defined as follows: The Protected Property is a natural area that consists of “a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem,” as that phrase is used in 26 U.S.C. § 170(h)(4)(A)(ii) and applicable regulations. Specifically, the Protected Property is habitat for one of the best remaining occurrences of Fremont cottonwood – Goodding willow riparian forest in the Sonoran desert. This forest supports the endangered southwestern willow flycatcher, and endangered western yellow-billed cuckoo, among a community of at least 291 resident and migratory bird species. The riverine habitat of the Hassayampa River currently supports native desert fish. In addition to the Hassayampa’s riparian resources, the currently unfragmented desert landscape that surrounds the Preserve represents an intact desert upland to river corridor, a rare feature in the urbanizing Sonoran desert. This landscape supports a full complement of desert fauna and flora associated with the Arizona upland subdivision of the Sonoran desert. Combined with the river corridor, this landscape provides an open space buffer between the developing urban areas of Phoenix and Wickenburg. The attributes of the Protected Property described in this section and in this Documentation Report are sometimes collectively hereinafter referred to as the “Conservation Values”. E. Master Plan The term “Master Plan” shall mean the Hassayampa River Preserve Site Master Plan as approved by The Nature Conservancy and the Maricopa County Parks and Recreation Department’s Park Commission dated November 15, 2016, as the same may be amended from time to time. The purpose of the Master Plan is to outline the long-range vision for the Preserve as well as to guide the site-specific development priorities that will provide for both the public’s enjoyment and the protection of the Preserve’s resources. The plan provides a conceptual planning framework for establishing those priorities and specifies certain additional conditions of use. The plan also recommends additional research as well as the development of other plans/strategies. Other plans/strategies may tier from or otherwise support the Master Plan. F. Photographs Photographs documenting the current condition of the Protected Property accompany this report and are incorporated by reference. The photographs were taken on November 18, 2016, and follow-up photographs were taken on March 8, 2017 to document changes on the property since the original photos were taken on November 18, 2016. A brief description of each photograph appears in Exhibit 3 and the photographs follow. The points from which photographs were taken are shown on Map C in Exhibit 2. Exhibit 4 presents a table of the GPS Waypoints for each of the Photo Points. G. Protected Property Uses and Condition The Conservation Easement contains a number of provisions which place restrictions on the use and development of the Protected Property. Each Protected Property use, as set forth in the Conservation Easement and the additional conditions of use stated in the Appendix attached to the Master Plan, are excerpted in bold below and followed by a detailed description of the current conditions and features of the Protected Property relevant to each Protected Property use. The Protected Property uses appear as numbered in the Conservation Easement and additional conditions of use. References to/for paragraph numbers, capitalized terms, definitions and exhibits in the excerpts refer to terms defined in paragraphs HASSAYAMPA RIVER PRESERVE 6 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ and exhibits in those respective documents. For ease in interpreting this Documentation Report, the term “Holder” in the excerpts below is synonymous with “Conservancy” and the term Landowner used in excerpts from the Master Plan Appendix is synonymous with “County”. (1) Conservation Easement Terms and Conditions (Numbered as in Conservation Easement) 6. CONSTRUCTION OF BUILDINGS AND STRUCTURES. 6.1 The term “Building(s)” shall mean an enclosed space with walls and a roof that provides shelter or housing or provides working, office, parking, display or sales space and which includes, but is not limited to houses, barns, sheds, cabins, garages, temporary living quarters of any sort, and mobile homes. 6.2 The term “Structure(s)” shall mean a man-made improvement such as a dock, picnic pavilion, wildlife viewing blinds, well house, sign, billboard or other advertising material, utility tower, etc., that is not a Building, fence, or road. 6.3 Construction or placement of any Buildings or Structures on the Property is subject to the following: a. The maintenance, repair, remodel, relocation or, in the event of its destruction, reconstruction or replacement of existing Buildings and Structures as documented in the Easement Documentation Report (Report) dated March 9, 2017, is permitted provided that all replacement or relocated Buildings and Structures must be built within the building area described and depicted in Exhibit A-1, which description may consist of either a surveyed legal description or GPS points as shown in the Report (the Building Envelope). b. Any construction of new Buildings or Structures to support the recreational use of the Property must be agreed to, described and included in the Master Plan, as amended. Such construction, maintenance, repair, remodel, relocation or in the event of its destruction, reconstruction or replacement of new Buildings or Structures in the Building Envelope, or new Structures outside of the Building Envelope that support the recreational use of the Property and are reasonably necessary to the use of the Property as a public park, are permitted with the prior written approval of Holder, which approval shall not be unreasonably withheld. If not agreed to in the Master Plan, or if the Master Plan terminates for any reason, proposed new Buildings and Structures that fall into the use categories described immediately above are also permitted with the prior written approval of Holder, which approval shall not be unreasonably withheld. Current Condition: (a) Buildings and Structures within the Building Envelope Existing buildings and structures: The buildings and structures existing at the time of this Documentation Report are located within the Building Envelope shown on the map in Exhibit 2B-1 and 2B-2. Photographs of each structure and waypoint locations are shown in Exhibit 3. A description of each structure is below: 1. Arthur L. Johnson Visitor Center (or Waddell Visitor Center) – Photo 21 2. Conference room (or Sanger Building) – Photo 22 3. Guest House – Photo 18 4. Spring house (root cellar) – Photo 20 5. Maintenance buildings (2) – Photo 23 6. Storage shed – Photo 25 7. Gravesite – Photos 11 and 12 8. Constructed wetlands – Photo 5 9. Group picnic area – Photo 35 HASSAYAMPA RIVER PRESERVE 7 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ 10. Monument entry signage – Photo 1 New Buildings and Structures within the Building Envelope: At the time of this Report, new buildings and structures have been approved by the Landowner and Holder in the Master Plan. All approved New Buildings and Structures are located within the Building Envelope. Photographs and waypoints will be included in Conservation Easement monitoring reports at the time of construction. A list of each approved New Building or Structure follows: 1. Nature center or combined library/nature center 2. ADA compliant restrooms 3. Upgrades to existing picnic area facilities 4. Group use site 5. Water tank and sign at entrance 6. Maintenance/storage building near staff parking area, or Parking Area C. (b) Structures Outside of the Building Envelope: Existing building and structures: At the time of this Documentation Report, the existing Structures outside of the Building Envelope include trail signs and benches along the hiking trails as shown on Map C of Exhibit 2. 7. SUBDIVISION. The legal or de facto division, subdivision, lot splitting, or partitioning of the Property is prohibited and the Property shall not be sold, transferred, or otherwise conveyed except as a whole and intact, single piece of real estate. Current Condition: The Protected Property has not been subdivided. The Protected Property is made up of two County Assessor Parcel Numbers (APN): 503-05-008B and a portion of 503-05- 015H. 8. MOTORIZED VEHICLES. Off road vehicle courses for all-terrain vehicles, motorcycles, or other motorized vehicles are prohibited. Notwithstanding the foregoing, regular use of motorized vehicles for property maintenance and monitoring purposes is permitted, provided that such use is conducted only as minimally necessary. Current Condition: Off road vehicles, including all-terrain vehicles, motorcycles, or other motorized vehicles, have not been used on the Protected Property by the Conservancy other than for property maintenance and monitoring purposes. 9. WATER COURSES, WETLANDS AND GROUNDWATER. Any new manipulation, diversion, or other alteration of natural water courses, wetlands, or other natural bodies of water, any new practice that degrades or destabilizes their natural banks or shorelines, any new pumping of groundwater or subflow, or any other new development of water resources for diversion or use on the Property is prohibited except as follows: 9.1 The development, construction, use and maintenance of new exempt well(s) to provide domestic supply to Buildings permitted herein, provided all new and existing wells are fit with a flowmeter to monitor annual water use for park operations. 9.2 The maintenance, repair, and if destroyed, reconstruction of any existing water rights facilities as documented in the Report unless the proposed reconstruction is inconsistent with the Conservation Easement and/or Master Plan. HASSAYAMPA RIVER PRESERVE 8 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ 9.3 County may engage in activities that prevent the degradation of, restore, and/or enhance and improve the quality of the watershed, including but not limited to filing and creation of new water rights and/or the alteration or change of existing water rights in furtherance thereof. 9.4 County may take reasonable efforts to protect the Building Envelope from movement of the watercourse. Current Condition: (a) There is one operational well within the Building Envelope that is used to provide water to the existing structures for domestic use. The location of the well is shown on the map in Exhibit 2C and in Photo 15. (b) There is also a well that is no longer in use; it is located within the Building envelope and shown in Photo 47. This well will be abandoned by the Conservancy in accordance with the terms of the Conservation Easement. (c) The water rights include a surface water right and an instream flow right. Streamflow monitoring is conducted on a monthly basis to support the instream flow right. 10. WATER RIGHTS. The water rights on the Property may never (a) be changed to or used for municipal, industrial, commercial uses, or other new uses, (b) be changed for use other than on the Property, and (c) be sold, leased, encumbered separately from the Property or otherwise legally separated from the Property. Current Condition: The water rights tied to the Protected Property are described in an exhibit to the Gift Deed with Reservation of Conservation Easement and Access Easement (the “Gift Deed”) being executed simultaneous to this Documentation Report. They have not been changed or used for municipal, industrial, or commercial uses. That portion of the instream flow right within the Protected Property is being conveyed to the County via a gift deed. (2) Additional Conditions of Use Appendix to the Master Plan (Numbered as in Master Plan) 2. CONSTRUCTION OF BUILDINGS AND STRUCTURES. Construction or placement of any Buildings or Structures as those terms are defined in Section 1 above is subject to the following: 2.1 Refer to Conservation Easement for requirements related to maintenance, construction or placement of existing and new Buildings and Structures. (ABOVE) 2.2 Utility systems, including but not limited to, solar power generation and distribution systems, and the granting of easements or rights-of-way for power lines, gas lines, sewer lines, and water lines associated with the systems, may be installed on and in the Property provided they serve only those activities permitted on the Property. Current Condition: Utility systems on the Protected Property at the time of this Documentation Report include electric, gas, septic and water utilities to the Visitor Center and associated structures. Rights-of-Way: At the time of this Documentation Report the rights-of-way that affect the Protected Property include: Utility Easements. 2.3 Installation of wind driven devices, including but not limited to wind turbines, and telecommunications towers on the Property is prohibited. Current Condition: There are no wind driven devices, including wind turbines or telecommunication towers, on the Protected Property. HASSAYAMPA RIVER PRESERVE 9 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ 2.4 Vehicular campers and motorized vehicles owned by park visitors shall be temporarily parked in the designated parking areas within the Building Envelope. There shall be no parking of motorized vehicles on the Property outside of the Building Envelope. Current Condition: At the time of this Documentation Report, there are three existing designated parking areas on the Protected Property, labeled “Parking Area A”, “Parking Area B” and “Parking Area C” on the map in Exhibit 2C. Photographs and waypoint locations of the existing parking areas are included in Exhibit 3. Expansion of Parking Area A was approved in the Master Plan, and was completed in November 2016. Parking areas and roads were improved with gravel material in early 2017. 1. Parking Area A – Overflow parking area (Photo 26) 2. Parking Area B – Main parking area (Photo 23 and 24) 3. Parking Area C – Small staff parking area (Photo 16) 3. COMMERCIAL AND INDUSTRIAL ACTIVITIES. If not agreed to in the Master Plan, industrial activities or commercial activities that are not open space, recreational, and/or educational in nature, or any access used in conjunction with said activities, are prohibited on the Property unless approved by Holder in writing. Current Condition: Uses of the Protected Property that exist at the time of this Documentation Report include recreational use by the public as a nature preserve. No other commercial uses of the Property, other than recreational use by the public, have occurred during the ownership of the Conservancy. 4. RECREATIONAL AND EDUCATIONAL ACTIVITIES. Recreational and educational uses (both non-commercial and commercial) including, but not limited to, hiking, wildlife observation, nature photography, picnicking, bicycling, other traditional non-motorized recreational activities and similar low-impact recreational activities, except water activities, are permitted on the Property, provided that such activities (a) require no infrastructure, surface alteration (including trail development), development, or other disturbance of or on the Property, except as permitted with the prior written approval of Holder or as agreed to in the Master Plan; (b) are consistent with the Conservation Easement; and (d) do not involve capture or collecting of wildlife. Water activities including, but not limited to, boating of any kind, tubing, swimming, wading, fishing, collecting of native fish, frogs or other aquatic or amphibious native species are not allowed on the Property. Hunting is not permitted on the Property without the prior written approval of the Holder or as agreed to in the Master Plan. No off-road use of vehicles for the recreational or education activities described in this Paragraph is allowed on the Property. Current Condition: Recreational and educational activities on the Protected Property have included hiking, wildlife observation, nature photography, picnicking, and other traditional non- motorized recreational activities and similar low-impact recreational activities. The existing trail system is shown on the map in Exhibit 2C. Educational activities include visitation by youth school groups and research by universities. The Conservancy has not allowed water activities, such as swimming, wading and fishing, or recreational off-road motorized vehicle use. 5 ROADS. Construction, maintenance and improvement of roads shall be prohibited except as follows: 5.1 Maintenance and improvement of existing Improved Roads, as documented in the Report, and construction, maintenance, realignment and improvement of new Improved Roads to access any new Buildings or Structures are permitted provided that (i) each road shall have a permeable surface, (ii) each road shall not exceed thirty (30) feet or the width HASSAYAMPA RIVER PRESERVE 10 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ necessary to allow emergency vehicles to pass, whichever is greater, and (iii) no road shall be paved or oiled or have calcium carbonate applied or otherwise be maintained or improved with chemical coatings or impervious materials, including but not limited to, asphalt or concrete without the prior written approval of the Holder or as agreed to in the Master Plan. Realigned or new Improved Roads shall be designed so as to minimize erosion. Organic plant based palliative may be considered for dust control. 5.2 Unimproved Roads are permitted only as minimally necessary to access Structures and to conduct activities consistent with the Conservation Easement or as agreed to in the Master Plan. 5.3 In the event of unforeseen circumstances or exceptional situations, the Holder may permit, upon mutual agreement of Landowner and the Holder, the construction, maintenance and improvement of new Improved Roads and creation of new Unimproved Roads for uses other than those identified herein. 5.4 In the event of an emergency that presents an immediate risk to persons, real or personal property, construction, maintenance and/or realignment of existing and/or new Improved Roads are permitted. 5.5 In the event of notification of a dust violation, the Landowner may take required action to mitigate and resolve such complaint(s). Current Condition: Existing roads include the Main Entrance Road, and unimproved roads to the existing parking areas, as shown on the map in Exhibit 2C. The main entrance road was modified within the past year to include turn-out areas along its existing boundary for emergency vehicle use. In addition, the Overflow parking area (Parking Area A on Map C of Exhibit 2) was enlarged in size with new composite granite material added to the surface of the road. There is also a minor service road that leads down to the corral that is used infrequently. The composite granite material became a problem with heavy precipitation in January and February of 2017. Gravel was added to the roads to allow better conditions in heavy rains (Photo 17 and 23. 6. MOTORIZED VEHICLES. Refer to Conservation Easement for requirements related to use of motorized vehicles. Current Condition: Existing conditions related to motorized vehicle use are previously described above. 7. HAZARDOUS MATERIALS. The dumping or other disposal of Hazardous Materials, non- compostable refuse, wildlife attracting materials, or any other material that could reasonably be considered debris on the Property is prohibited. The storage of Hazardous Materials on the Property, other than in the normal course of maintenance of the Property, is also prohibited. Current Condition: A small historic ranch dump site located near Parking Area A, as documented in the Phase 2 Environment Site Assessment Investigation of Old Dump Site prepared by SCS Engineers on September 2, 2016, has been in place prior to the ownership of the Protected Property by the Conservancy. There were no hazardous materials found at the dump site in the Phase 2 Environmental Site Assessment. Conditions are unchanged since the above mentioned investigation was conducted.. The Ranch Dump Site is shown in Photos 28, 29, 30). 8. ANIMAL TRAPPING. Animal trapping is prohibited except as follows: 8.1 Animal trapping is permitted (i) for control of predatory animals which demonstrably have caused damage to property or injury to humans or domestic animals; (ii) HASSAYAMPA RIVER PRESERVE 11 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ for control of animals which present an immediate risk to person, real or personal property or livestock; (iii) for animals when conducted as an official restoration or research effort by state, federal or non-governmental conservation organizations and with prior written approval by Holder or as agreed to in the Master Plan; or (iv) for removal of non-native species with prior written approval by Holder or as agreed to in the Master Plan. 8.2 Any trapping must be in compliance with state, federal and local laws. Any trapping methods employed must be selective for the target species, be administered as humanely as is possible, and be conducted only so long as needed to protect persons or private property from damage as indicated above. Current Condition: There is currently no animal trapping on the Protected Property, other than for control of animals which present an immediate risk to person and/or real or personal property, such as rodents in Property structures. Trapping activities are in compliance with state, federal, and local laws. 9. FENCES. Maintenance, removal, repair, and, if destroyed, reconstruction of existing fencing, as documented in the Report, and the construction of new fences is permitted; provided that new or reconstructed boundary or pasture-division fences shall not unduly restrict or exclude wildlife use of the Property. Current Condition: There are many existing fences throughout the Protected Property, both perimeter fencing and fencing along roads and trails. Perimeter fencing is mostly wire and metal stakes, while fencing along roads and trails is wood fencing. There is also a small corral, composed of temporary fencing material, located in the open area near the Protected Property entrance and shown in Photo 7. 10. BIOCIDES, BIOLOGICAL AGENTS, AND FERTILIZERS. Application of herbicides, pesticides, fungicides, biocides, defoliants, chemical fertilizers, or other chemicals is prohibited on the Property except as follows: 10.1 Biocides. Herbicides, pesticides, fungicides, biocides and defoliants (collectively, “Biocides”) may be used to manage and/or control county, state or federally-designated noxious weeds, invasive plants and/or invasive woody species, state approved list of invasive alien plant species or animals or, if such list ceases to be published, a similar list promulgated by the state or the federal government, which the Holder shall notify, within thirty (30) days of such list being released to the public, is the list that shall be binding on the Landowner for purposes of this Section, non-native plants, pathogens, or pests on the Property, for forestry, landscaping, and habitat preservation uses using accepted habitat management and/or forestry practices, provided the use of such Biocides is designed to minimize the impact on the Property. Without the prior written approval of Holder, Biocides may only be used by targeted applications (including by gun or boom nozzles). Broadcast spraying of Biocides, including aerial applications, may be permitted with prior written approval of the Holder provided that, at a minimum, the following conditions are met: (a) targeted treatment is not practical because of the severity of the infestation or infection; (b) timing of application is scheduled to minimize damage to non-target species; and (c) type of Biocide used has the least impact to non-target species while still being effective in controlling target species or pathogens. The Holder shall have sole and absolute discretion in granting or denying broadcast spraying of Biocides. 10.2 Biological Agents. Use of biological weed and insect control agents is permitted, subject to prior written approval of Holder or as agreed to in the Master Plan. 10.3 Fertilizers. The use of chemical and/or organic fertilizers is permitted with the prior written approval of Holder or as agreed to in the Master Plan, provided that use of HASSAYAMPA RIVER PRESERVE 12 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ fertilizers, including, but not limited to, the amount, frequency, and manner of application, shall be in accordance with the labeling instructions and all applicable laws and regulations, and that fertilizer use is not intended to injure or destroy the naturally occurring ecosystem, beyond the effects associated with the intended use of such fertilizers, as used in reasonable farming practices. Current Condition: Biocides are currently used on the Protected Property to control nonnative plants, pathogens, or pest species. All biocide use is in compliance with all federal, state, and local statutes and regulations. There are currently no biological agents used on the Protected Property. Fertilizers are not currently used on the Protected Property. 11. CONVERSION OF NATIVE VEGETATION. Conversion of native vegetation to exotic cover species or the introduction of non-native plant species; farming, plowing or any type of cultivation is prohibited except as follows: 10.1 Gardening for landscaping is permitted within the Building Envelope. 10.2 Pursuant to the terms and conditions of a Restoration/Enhancement/ Research Strategy (as that term is defined in Section 16 below), plowing or other cultivation is permitted where it may be necessary for the restoration or enhancement of the Property in the event of an area’s degradation or destruction or for a scientific, educational and/or historic project. Current Condition: There has been no conversion of native species to exotic cover species, or introduction of nonnative plant species on the Protected Property. At the time of this Documentation Report, there is a native plant garden within the Building Envelope. 12. INTRODUCTION/RELEASE OF NONNATIVE ANIMAL SPECIES. Introduction or release of nonnative animal species is prohibited. Current Condition: There has been no introduction or release of nonnative animal species on the Protected Property. 13. CUTTING OF NATIVE VEGETATION. Cutting, removing, or destruction of native vegetation is prohibited except as follows: 13.1 The selective harvesting of timber is permitted for the following purposes: controlling forest disease; protecting persons or property from the hazards of falling trees or branches or wildfire; constructing the Buildings, Structures, and roads authorized in the Conservation Easement; and maintaining existing fields and open pastures, as documented in the Report. These conditions apply to both living and standing dead trees. Subject to Holder’s prior written approval, in the event that Landowner desires to sell wood products as a result of selective harvesting of timber permitted herein, such activity shall not be deemed a prohibited commercial activity. 13.2 Cutting, removing, burning, or destruction of native vegetation is permitted to the extent necessary to facilitate approved uses and activities such as permitted construction activities, and restoration/enhancement/research activities. Current Condition: Removal of native vegetation has been limited to the purposes of controlling forest disease, protecting persons or property from the hazards of falling trees or branches or wildfire, and maintaining trails and roads. HASSAYAMPA RIVER PRESERVE 13 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ 14. MINING. Filling, excavating, dredging, mining, drilling, and the exploration for or extraction of minerals, hydrocarbons, soils, sand, gravel, rock, or other materials on or below the surface of the Property is prohibited, except as follows: 14.1 Soils, sand, gravel, rock or other materials on or below the surface of the Property may be moved or removed as may be necessary for the activities agreed to in the Master Plan, Conservation Easement and/or Section 16 below such as the construction and maintenance of Buildings, Structures or roads so long as (i) the methods used will have a limited and localized impact on the Property, and (ii) the area from which removal occurs does not exceed one-half (1/2) acre in size at any given time. Any area which is disturbed by extraction of soils, sand, gravel, rock or other materials for use elsewhere on the Property must be restored to a natural condition as similar as possible to its condition prior to extraction. Current Condition: There has not been any mining, filling, excavating, dredging, drilling, exploration, or extraction of minerals, hydrocarbons, soils, sand, gravel, rock, or other materials on or below the surface of the Protected Property. For the removal of soils, sand, gravel, rock or other materials as may be necessary and permissible for the purposes specifically permitted in the Easement, an area for the removal of material has not been established at this time. 15. CHANGING THE TOPOGRAPHY OF THE PROPERTY. Changing the topography of the Property by placing on it or removing from it any soil, dredging spoils, land fill, or other material, is prohibited except as follows: 15.1 Such activity is permitted as is necessary to conduct activities allowed by the Master Plan, Conservation Easement and/or Section 16 below. 15.2 Such activity is permitted pursuant to Paragraph 14.1. Current Condition: At the time of this Documentation Report, a composite granite material is being stored in the open area near the Protected Property entrance. This material was used for road and parking area improvements on the Protected Property. The material is shown in Photo 6. The majority of the material had been removed by the date of this Documentation Report. 16. RESTORATION/ENHANCEMENT/RESEARCH. Landowner may propose activities and projects which prevent the degradation of, restore, and/or enhance and improve the quality of the watershed, wildlife habitat, and ecological health of the Property, including but not limited to soil erosion prevention and/or restoration activities, as well as the filing and creation of new water rights and/or the alteration or change of existing water rights in furtherance thereof. Landowner shall also have the right to propose research, restoration, and enhancement activities associated with scientific, educational, and/or historic projects. Landowner’s activities or projects under this Section shall be undertaken only (a) if such activities or projects have been agreed to in the Master Plan, or (b) after creation of a comprehensive site specific strategy for restoration/enhancement/research (the Restoration/Enhancement/Research Strategy), which has been submitted to and approved by Holder, which approval shall not be unreasonably withheld. Subject to Holder’s prior written approval or as agreed to in the Master Plan, in the event the Landowner desires to sell byproducts, including but not limited to timber and fill, as a result of restoration activities permitted herein, such activity shall not be deemed a prohibited commercial activity. Notwithstanding the foregoing, should the Landowner propose any activities or projects relating to fire, including prescribed burns and/or the cutting, removing, burning or destruction of native vegetation for fire mitigation purposes, a fire management strategy shall be prepared by the Landowner and Holder prior to the commencement of any such activity. HASSAYAMPA RIVER PRESERVE 14 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ Current Condition: There is currently no active site-specific Restoration/Enhancement/Research strategy underway on the Protected Property. Historically, twice-monthly permitted bird banding using mist netting has been ongoing for many years, as have annual permitted surveys for SW willow flycatcher and yellow-billed cuckoo. Approximately 1,000 students have been involved annually with AZ Project WET water education programs at the Preserve. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. HASSAYAMPA RIVER PRESERVE 15 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 1 LEGAL DESCRIPTION OF PROTECTED PROPERTY HASSAYAMPA RIVER PRESERVE 16 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 1 DEPICTION OF PROTECTED PROPERTY HASSAYAMPA RIVER PRESERVE 17 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 2 MAPS OF PROTECTED PROPERTY MAP A: GENERAL LOCATION OF PROTECTED PROPERTY HASSAYAMPA RIVER PRESERVE 18 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 2 MAPS OF PROTECTED PROPERTY – CONTINUED MAP B-1. AERIAL PHOTOGRAPH OF PROTECTED PROPERTY AND BUILDING ENVELOPE BOUNDARY HASSAYAMPA RIVER PRESERVE 19 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 2 MAPS OF PROTECTED PROPERTY – CONTINUED MAP B-2. DEPICTION OF BUILDING ENVELOPE BOUNDARY HASSAYAMPA RIVER PRESERVE 20 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 2 MAPS OF PROTECTED PROPERTY - CONTINUED MAP C. PHOTO POINT LOCATIONS, ROADS, TRAIL SYSTEM, WELL, EASEMENTS AND ESTABLISHED PARKING AREAS HASSAYAMPA RIVER PRESERVE 21 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 2 MAPS OF PROTECTED PROPERTY - CONTINUED MAP C. ZOOMED IN TO BUILDING ENVELOPE PHOTO POINTS HASSAYAMPA RIVER PRESERVE 22 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 LIST OF PHOTO POINTS & PHOTOGRAPHS The photographs listed below and incorporated herein were taken on November 18, 2016. The photographs accompany this Document Report. Photo points are outlined on Map C attached as Exhibit 2 to this Document Report. Photo Point H1: Photo point is located along the property fence line along US Highway 60 near the Protected Property entrance. The northern most building envelope corner is just north of the photo point, down a draw. Photo 1 – Looking southwest from photo point at the existing Hassayampa River Preserve sign near US Highway 60 and the Protected Property entrance. Photo 2 – Looking northwest along the property boundary at the northeast property corner. Photo Point H2: Photo point is located along the main entrance road at the Protected Property boundary corner. There is a perimeter fence in this location that comes close to the entrance road at a right angle. Photo 3 - Looking northeast from the photo point toward the park entrance. Protected Property boundary fence is on the left of photo. Fencing exists along both sides of main entrance road. Photo 4 – Looking southwest from the photo point at the main entrance road as it continues into the Protected Property. Fences exist along both side of main entrance road and perimeter fence is on the right side of photo. Photo Point H3: Photo Point is located at the edge of the cleared area, southeast of the main entrance road. At the time of this Document Report, fill material had been deposited in this location for road work. There is also a constructed wetland and corral in this location. Photo 5 – Looking northeast from photo point at the constructed wetlands, which consist of gravel filled excavated areas. Photo 6 – Looking southeast from the photo point at the open area and fill material stored on property at the time of this Document Report. Photo 7 – Temporary Corral Photo Point H4: Photo Point is located along the Protected Property boundary along US Highway 60. The Photo Point is the southeast corner of the Building Envelope. Photo 8 – Looking northwest from the photo point along the Protected Property boundary fence line from the southeast corner of the building envelope. Photo 9 – Looking west from the photo point along the southern boundary of the building envelope from its southeast corner along US Highway 60. Photo Point H5: Photo Point is located at a Building Envelope boundary corner on the south side of the main entrance road. Photo 10 – Looking north from the photo point toward the main entrance road. Utility line is overhead. Photo 11 - The Martin Family grave site, located along the main entrance road. Photo 12 - Close up of Martin Family grave site. HASSAYAMPA RIVER PRESERVE 23 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) LIST OF PHOTO POINTS & PHOTOGRAPHS Photo Point H6: Photo point is located at a Building Envelope boundary corner on the south side of the main entrance road. The photo point is within the mesquite near the Visitor Center structures and Parking Area C. Photo 13 – Looking southwest from the photo point toward Parking Area C, the Visitor Center and surrounding structures. Utility line crosses Protected Property at this location at the time of the Document Report. Photo 14 – Looking northeast from the photo point toward the main entrance road and utility line. Photo Point H7: Photo point is located on the main entrance road, directly between Parking Area C and the fenced water structure. Photo 15 – Looking north from the photo point at the fenced water structure. This is the only domestic well and pump which provides water to the structures on the Protected Property. Photo 16 – Looking south from the photo point at Parking Area C (staff parking area near the Visitor Center). Photo 17 - (Photo taken March 8, 2017). Photo showing the new gravel material added to the main entrance road and parking areas in February 2017. The gravel composite material placed on roads in January 2017 washed away and caused the road to be undrivable in heavy rain. This photo shows the current condition of the road at the time of this report. Photo Point H8: Photo point is located between the “Sanger Building” and the guest house at the south corner of Parking Area C. Photo point is just next to a fenced maintenance equipment shed. Photo 18 – Looking southeast from the photo point at two guest houses, storage shed, and fenced maintenance equipment area. Photo 19 – Looking south at the yard between the guest houses and the Visitor Center (right). An electric utility box is located at the back of the yard. Photo 20 - Spring house (root cellar) located behind the Visitor Center. Photo Point H9: Photo Point is located in front of the Arthur L. Johnson Visitor Center (or Waddell Visitor Center). Photos were taken just inside the entrance gate and within the native garden. Photo 21 – Looking south from the photo point at the front entrance of the Visitor Center with native garden area in forefront. Photo 22 – Looking southeast from the photo point at the Conference building (or “Sanger Building”). Photo Point H10: Photo Point is located in the middle of Parking Area B. Photos were taken to show the structures surrounding this parking area at the time of the Document Report. Photo 23 - (Photo taken March 8, 2017) Looking northeast from the photo point at the two large maintenance buildings on the north side of Parking Area B. New gravel material placed on Parking Area B in February 2017. This photo shows a portion of Parking Area B in front of the large maintenance garages. Photo 24 – Looking northwest from the photo point at the road leading to Parking Area A. HASSAYAMPA RIVER PRESERVE 24 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) LIST OF PHOTO POINTS & PHOTOGRAPHS Photo Point H11: Photo point is located along the road between Parking Area A (overflow) and Parking Area B (main parking). Photo 25 - (Photo taken March 8, 2017) Looking northwest from the photo point at small storage shed along the north side of road. (The smaller shed was removed prior to completion of this Document Report) Photo Point H12: Photo Point is located at the entrance to Parking Area A (overflow parking). This parking area was recently extended to the north with additional surface material added at the time of this Document Report. Photo 26 – (Photo taken March 8, 2017) Looking north from the photo point at Parking Area A, which was recently enlarged with new fill material added by Maricopa County. Photo Point H13: Photo Point is located at a Building Envelope boundary corner, at the northwest corner of Parking Area A. Photo 27 – Looking east from the photo point at the northern edge of Parking Area A and the boundary of the Building Envelope. Photo 28 - Ranch Dump Site, located at northwest corner of Parking Area A. Photo 29 - Ranch Dump site, located at northwest corner of Parking Area A. Just outside west parking area fence. Photo 30 - Close up of Ranch dump site, located at northwest corner of Parking Area A. Contains tires, glass, and cement material. The site is described in the Phase 1 report for the property. Photo Point H14: Photo Point is located at the Protected Property boundary and the northwest corner of the Building Envelope. The fence line along the perimeter of the Protected Property runs through a forested area with neighboring property structures close to the boundary line on the opposite side. Photo 31 – Looking west from the photo point along the Protected Property boundary fence line running down into a wash. Photo Point H15: Photo point is located at a Building Envelope boundary corner, at the top of stairs leading down to the Hassayampa River and hiking trail system. Photo 32 – Looking west from the photo point toward the Hassayampa River and hiking trail system. The Building Envelope boundary corner is located at this location at the top of the stairs along the hiking trail. Photo 33 – Looking east from the photo point along Palm Lake Trail and at the sign at the entrance to the hiking trail system. Photo 34 – Close up of the Hiking Trail sign and bench dedicated to Norman Lykes. Photo 35 – Close up of Group Picnic Area, at the entrance to Palm Lake Trail. Photo Point H16: Photo point is located at Building Envelope boundary corner, along the Palm Lake Trail. The photo point was taken in an open area off the side of the trail. Photo 36 – Looking west from the photo point at Palm Lake trail, a part of the hiking trail system shown on the map in Exhibit 2C. HASSAYAMPA RIVER PRESERVE 25 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ Photo Point H17: Photo point is located on the Palm Lake hiking train with a view of Palm Lake. Photo 37 – Looking north from the photo point with a view of Palm Lake and the stone viewing area along the lake boundary. Photo 38 – Looking south from photo point at the trail system and trail signs. Photo Point H18: Photo point is located along at the confluence of hiking trails along the riparian area. This photo provides a view of a portion of the riparian habitat along the Hassayampa River. Photo 39 - Photo of the riparian habitat along the hiking trails. Photo Point H19: Photo point is located at the very southern boundary of the Conservation Easement parcel. This point is located in the Hassayampa River drainage along the Lion’s Trail (name of trail at the time of this Document Report). Photo 40 – Looking north from the photo point. The photo is looking from the south easement boundary north into a drainage area. Photo Point H20: Photo point is located at the base of the hill where railroad tracks are located. The hiking trail extends to the property boundary. There is a portion of the easement on the opposite side of the railroad tracks. Photo 41 – Looking north from the photo point at the hiking trail and riparian area. Photo 42 – Looking south from the photo point at the hiking trail and riparian area. Photo Point H21: Photo point is located at the overlook along the west property boundary. At the time of this Document Report this photo is taken at Lyke’s Lookout. Photo 43 – Looking north from the photo point, overlooking the Protected Property. Photo 44 – Looking east from the photo point, overlooking the Protected Property. Photo Point H22: Photo point is located on the northern bank of the Hassayampa River, showing the current conditions of the main stem of the Hassayampa River. Photo 45 – Looking ESE (east-southeast) from the photo point, downstream view of the Hassayampa River. Photo 46 – Looking WNW (west-northwest) from the photo point, upstream view of the Hassayampa River. HASSAYAMPA RIVER PRESERVE 26 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 1 – Looking west from photo point at the existing Hassayampa River Preserve sign near US Highway 60 and the Protected Property entrance. Photo Point H1 Photo 2 – Looking northwest along the property boundary at the northeast property corner. Photo Point H1 HASSAYAMPA RIVER PRESERVE 27 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 3 - Looking northeast from the photo point toward the park entrance. Protected Property boundary fence is on the left of photo. Fencing exists along both sides of main entrance road. Photo Point H2 Photo 4 – Looking southwest from the photo point at the main entrance road as it continues into the Property. Fences exist along both side of main entrance road and perimeter fence is on the right side of photo. Photo Point H2 HASSAYAMPA RIVER PRESERVE 28 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 5 – Looking east from photo point at the constructed wetlands, which consist of gravel filled excavated areas. Photo Point H3 Photo 6 – Looking southeast from the photo point at the open area and fill material stored on property at the time of this Document Report. Photo Point H3 HASSAYAMPA RIVER PRESERVE 29 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 7 – Temporary Corral Photo Point H3 Photo 8 – Looking northwest from the photo point along the Protected Property boundary fence line from the southeast corner of the building envelope. Photo Point H4 HASSAYAMPA RIVER PRESERVE 30 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 9 – Looking west from the photo point along the southern boundary of the building envelope from its southeast corner along US Highway 60. Photo Point H4 Photo 10 – Looking north from the photo point toward the main entrance road. Utility line is overhead. Photo Point H5 HASSAYAMPA RIVER PRESERVE 31 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) – PHOTOGRAPHS Photo 11 - The Martin Family grave site, located along the main entrance road. Near Photo Point H5 Photo 12 – Close up of Martin Family grave site. Near Photo Point H5 HASSAYAMPA RIVER PRESERVE 32 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) – PHOTOGRAPHS Photo 13 – Looking southwest from the photo point toward Parking Area C, the Visitor Center and surrounding structures. Utility line crosses Protected Property at this location at the time of the Document Report. Photo Point H6 Photo 14 – Looking northeast from the photo point toward the main entrance road and utility line. Photo Point H6 HASSAYAMPA RIVER PRESERVE 33 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 15 – Looking north from the photo point at the fenced water structure. This is the main domestic well and pump which provides water to the structures on the Protected Property. Photo Point H7 Photo 16 – Looking south from the photo point at Parking Area C (staff parking area near the Visitor Center). Photo Point H7 HASSAYAMPA RIVER PRESERVE 34 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 17 - (Photo taken March 8, 2017). Photo showing the new gravel material added to the main entrance road and parking areas in February 2017. The gravel composite material placed on roads in January 2017 washed away and caused the road to be undrivable in heavy rain. This photo shows the current condition of the road at the time of this report. Photo Point H7 Photo 18 – Looking southeast from the photo point at two guest houses, storage shed, and fenced maintenance equipment area. Photo Point H8 HASSAYAMPA RIVER PRESERVE 35 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 19 – Looking south at the yard between the guest houses and the Visitor Center (right). Pump control panel and pressure tanks for the well are located at the back of the yard. Photo Point H8 Photo 20 - Spring house (root cellar) located behind the Visitor Center. Photo Point H8 HASSAYAMPA RIVER PRESERVE 36 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 21 – Looking south from the photo point at the front entrance of the Visitor Center with native garden area in forefront. Photo Point H9 Photo 22 – Looking southeast from the photo point at the Conference building (or “Sanger Building”). Photo Point H9 HASSAYAMPA RIVER PRESERVE 37 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 23 - (Photo taken March 8, 2017) Looking northeast from the photo point at the two large maintenance buildings on the north side of Parking Area B. New gravel material placed on Parking Area B in February 2017. This photo shows a portion of Parking Area B in front of the large maintenance garages. Photo Point H10 Photo 24 – Looking northwest from the photo point at the road leading to Parking Area A. Adobe oven is just behind the fence. Photo Point H10 HASSAYAMPA RIVER PRESERVE 38 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 25 – (Photo taken March 8, 2017) Looking northwest from the photo point at small storage shed along the north side of road. (The smaller shed was removed prior to completion of this Document Report) Photo Point H11 Photo 26 – (Photo taken March 8, 2017) Looking north from the photo point at Parking Area A, which was recently enlarged with new fill material added by Maricopa County. Photo Point H12 HASSAYAMPA RIVER PRESERVE 39 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) – PHOTOGRAPHS Photo 27 – Looking east from the photo point at the northern edge of Parking Area A and the boundary of the Building Envelope. Photo Point H13 Photo 28 – Ranch Dump Site, located at northwest corner of Parking Area A. Photo Point H13 HASSAYAMPA RIVER PRESERVE 40 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) – PHOTOGRAPHS Photo 29 - Ranch Dump site, located at northwest corner of Parking Area A. Just outside west parking area fence. Photo Point H13 Photo 30 - Close up of Ranch dump site, located at northwest corner of Parking Area A. Contains tires, glass, and cement material. The site is described in the Phase 1 report for the property. Photo Point H13 HASSAYAMPA RIVER PRESERVE 41 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) – PHOTOGRAPHS Photo 31 – Looking west from the photo point along the Protected Property boundary fence line running down into a wash. Photo Point H14 Photo 32 – Looking west from the photo point toward the Hassayampa River and hiking trail system. The Building Envelope boundary corner is located at this location at the top of the stairs along the hiking trail. Photo Point H15 HASSAYAMPA RIVER PRESERVE 42 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) – PHOTOGRAPHS Photo 33 – Looking East from the photo point along Palm Lake Trail and at the sign at the entrance to the hiking trail system. Photo Point H15 Photo 34 – Close up of the Hiking Trail sign and bench dedicated to Norman Lykes. Photo Point H15 HASSAYAMPA RIVER PRESERVE 43 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 35 – Close up of Group Picnic Area, at the entrance to Palm Lake Trail. Photo Point H15 Photo 36 – Looking west from the photo point at Palm Lake trail, a part of the hiking trail system shown on the map in Exhibit 2C. Photo Point H16 HASSAYAMPA RIVER PRESERVE 44 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 37 – Looking north from the photo point with a view of Palm Lake and the stone viewing area along the lake boundary. Photo Point H17 Photo 38 – Looking south from photo point at the trail system and trail signs. Photo Point H17 HASSAYAMPA RIVER PRESERVE 45 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 39 - Photo of the riparian habitat along the hiking trails. Photo Point H18 Photo 40 – Looking north from the photo point. The photo is looking from the south easement boundary north into a drainage area. Photo Point H19 HASSAYAMPA RIVER PRESERVE 46 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 41 – Looking north from the photo point at the hiking trail and riparian area. Photo Point H20 Photo 42 – Looking south from the photo point at the hiking trail and riparian area. Photo Point H20 HASSAYAMPA RIVER PRESERVE 47 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 43 – Looking north from the photo point, overlooking the Protected Property. Photo Point H21 Photo 44 – Looking east from the photo point, overlooking the Protected Property. Photo Point H21 HASSAYAMPA RIVER PRESERVE 48 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ EXHIBIT 3 (Continued) - PHOTOGRAPHS Photo 45 – Looking ESE (east-southeast) from the photo point, downstream view of the Hassayampa River. Photo Point H22 Photo 46 – Looking WNW (west-northwest) from the photo point, upstream view of the Hassayampa River. Photo Point H22 HASSAYAMPA RIVER PRESERVE 49 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ Photo 47 – Photo of the well that will be abandoned by the Conservancy. This well was formerly used to add water to Palm Lake. It is located behind a wood fence, just off of the Palm Lake hiking trail. EXHIBIT 4 GPS WAYPOINTS – PHOTO POINT LOCATIONS The Photographs listed below and incorporated herein were taken on November 18, 2016 and March 8, 2017. The photographs accompany this Documention Report and are outlined on Map C in Exhibit 2 to this Documention Report. A total of 47 photographs were taken (at 22 Photo Points) to document the current conditions of the Protected Property as of the date of this Documention Report. For repeat photo monitoring during annual conservation easement monitoring visits, a subset of these photos is identified in the table below. Only those photos designated for repeat photo monitoring will be taken during annual conservation easement monitoring visits. WAYPOINT UTM UTM REPEAT PHOTO IDENTIFICATION EASTING NORTHING MONITORING? H1 343485 3756383 YES H2 343439 3756186 NO H3 343501 3756147 YES H4 343654 3756120 YES H5 343441 3756120 NO HASSAYAMPA RIVER PRESERVE 50 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____ H6 343416 3756070 YES H7 343367 3756047 YES H8 343383 3756020 YES H9 343360 3756012 NO H10 343340 3756029 YES H11 343306 3756028 NO H12 343255 3756071 YES H13 343207 3756102 YES H14 343244 3756189 NO H15 343411 3755960 YES H16 343485 3755978 YES H17 343665 3755893 YES H18 343390 3755908 YES H19 343507 3755775 YES H20 343330 3755829 YES H21 343019 3755976 YES H22 343345 3755876 YES HASSAYAMPA RIVER PRESERVE 51 Easement Documentation Report County representative initials ____ March 9, 2017 TNC representative initials ____