CONDITIONS REPORT FOR LEASED LANDS HASSAYAMPA RIVER CONSERVATION AREA.PDF

Condition of Leased Property Report
646 Acres
Within the Hassayampa River Conservation Area
Maricopa County, Arizona
Prepared By: Jody Norris
Title: Land and Water Protection Manager, The Nature Conservancy
Office Location: Flagstaff Office
Address: 114 N. San Francisco Street, Suite 205, Flagstaff, AZ 86001
Date of Report: March 9, 2017
Condition of Leased Property as of March 8, 2017
CONDITION OF LEASED LANDS – HASSAYAMPA March 8, 2017

Acknowledgement of Condition
This acknowledgement constitutes a Condition of Leased Property Report, prepared in
conjunction with a Lease being executed simultaneous to this Condition of Leased Property Report. The
Lease is being executed by and between Maricopa County, a political subdivision of the State of Arizona
(“Lessee”), over property owned by The Nature Conservancy, a non-profit corporation organized and
existing under the laws of the District of Columbia (“Conservancy”). The Lease covers a tract of land in
Maricopa County, Arizona (“Leased Property”).
The Condition of Leased Property 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 Leased Property, which consists of approximately 646 acres. Lessee and Jody Norris, a
representative of the Conservancy, acknowledge and agree that this Condition of Leased Property Report
is an accurate representation of the condition of the Leased 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:
Condition of Leased Property Report March 8, 2017 2
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County hereby acknowledges that they have reviewed this Condition of Leased Property Report and
concurs with the Conservancy’s representation of the condition of the Property as of March 8, 2017.
LESSEE
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
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TABLE OF CONTENTS
Page
I. Cover page 1
II. Acknowledgement of condition 2-3
III. Baseline documentation
A. Introduction 5
B. Location 5
C. Description of the Leased Property 5
D. Ecological features, conservation values 5-6
E. Site Master Plan 6
F. Photographs 6
G. Condition of the Leased Property 6-8
1. Buildings and Structures
2. Roads and Trails
3. Fences
4. Water Rights
5. Boundary discrepancies
6. Existing access easements of record
Exhibits:
Exhibit 1: Maps of Leased Property
A. General Location of Leased Property
B. Aerial Photographs of Leased Property
Exhibit 2: Photo Point Locations and Roads (Map C1-C3)
List of photo points and photographs
Exhibit 3: GPS waypoints – photo point locations
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Condition of Leased Land Report
A. Introduction
This Condition of Leased Property Report (“Condition Report”) has been prepared in
conjunction with a Lease (“Lease”) in favor of Maricopa County, a political subdivision of the State of
Arizona (“Lessee”) over land owned by The Nature Conservancy, a non-profit corporation organized and
existing under the laws of the District of Columbia (“Conservancy”). The Lease covers approximately
646 acres of land in Maricopa County, Arizona, as shown on the map in Exhibit 1, Maps A and B
(“Leased Property”).
This Condition Report is intended to document the condition of the Leased Property as of March
8, 2017.
B. Location
The Leased 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 Leased 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.
Exhibit 1, Map A shows the location of the Leased Property on a map. The Leased Property is
adjacent to a portion of the Hassayampa River Preserve (the “Visitor Center Parcel”) that will be owned
and managed by Maricopa County. The Visitor Center Parcel will be conveyed to the County concurrent
with the execution of the Lease for the Leased Property. The Leased Property can be accessed from the
Visitor Center Parcel, which 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 Visitor Center Parcel entrance. The Visitor Center Parcel is
located west of US 60/89 and is accessible via a paved driveway located approximately 464 feet
northwest of milepost 114.
C. Description of the Leased Property
The Leased Property is bisected by Burlington Northern Santa Fe Railway (BNSF) to the west
and bound by US Highway 60 to the east. Private, residential properties are located to the north and south
of the Property. An approximately 5-mile stretch of the Hassayampa River flows through the Property,
with associated riparian area that consists of Fremont cottonwood-Goodding willow forest as well as
other Sonoran Desert species such as saguaro, barrel and cholla cactus, mesquite, and paloverde.
D. Ecological Features/Conservation Values of the Leased Property
The Leased 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 Leased 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 Leased Property 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
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desert. Combined with the river corridor, this landscape provides an open space buffer between the
developing urban areas of Phoenix and Wickenburg.
The Leased Property has significant natural, scenic, open space, ecological and scientific values
that are of great importance to TNC, the State of Arizona, and the Lessee (the “Conservation Values”).
E. Master Plan
The term “Master Plan” shall mean the Hassayampa River Preserve Site Master Plan as
approved by 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 Hassayampa River Preserve (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. The Master Plan also recommends additional research as well as the
development of other plans and/or strategies. Other plans may tier from or otherwise support the Master
Plan.
F. Photographs
Photographs documenting the current condition of the Leased Property accompany this report and
are incorporated by reference. The photographs were taken on March 8, 2017. A brief description of
each photograph appears in Exhibit 2 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. Condition of the Leased Property
Use and management activities as described in the Master Plan are specifically allowed on the Leased
Property. Further, the Leased Property shall be subject to and compliant with the Master Plan as
approved by TNC and County, as the same may be amended from time to time. Additional terms and
conditions of use can be found in the Lease. The Master Plan and Lease, along with any amendments or
revisions thereto, including all attachments and exhibits, are incorporated herein by reference and made a
part hereof. The following sections describe the existing condition of the Leased Property as of March 8,
2017.
1. Buildings and Structures
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. 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.
Current Condition: There are no buildings on the Leased Property at the time of this Condition Report.
There are Structures on the portions of the hiking trails that extend into the Leased Property from the
Visitor Center Parcel, including trail signs and benches.
2. Roads and Trails
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Current Condition: The Leased Property is accessed by the main entrance road on the adjacent Visitor
Center Parcel. There are no other roads accessible to motorized vehicles within the Leased Property.
The hiking trail system for the Preserve is mostly within the Visitor Center Parcel, which will be
transferred to the Lessee. A small portion of two of the trails extend into the Leased Property. These
include the Lyke’s Lookout trail and the Mesquite Meander trail. These trails are designated for non-
motorized, pedestrian use only, no equestrian or mountain biking uses have been associated with these
trails. Trail maintenance has been ongoing and most trails are in good condition.
3. Fences
Current Condition: Property boundary fences exist throughout the Leased Property. The majority of these
fences are barbed wire with 3-5 strings. There are also larger metal fences near the State of Arizona
Department of Transportation (ADOT) Rest Area that is adjacent to a portion of the Leased Property.
Fences along the BNSF railway are also barbed wire.
The fence along the northern boundary is known as the “North Fence”. There is also a fence known as the
“South Fence” that extends across the Leased Property south of the Visitor Center Parcel. The purpose of
the fence is to exclude trespassing cattle from the Visitor Center Parcel and riparian corridor. During
heavy precipitation events in early 2017, portions of the North and South Fence washed out and are no
longer standing. Mud and plant material have filled in a lot of the wash and the fence posts are buried
under the surface at the time of this Condition Report.
4. Water Rights
Current Condition: The only surface water rights associated with the Leased Property are those described
in the Certificated Instream Flow Right currently held by Conservancy. This is Registration Number 33-
92304, and Statement of Claim number 39-36904. The priority date of the water right is 1986, and it
protects 5-10 cubic feet per second (cfs) instream for wildlife and stream protection. The instream flow
right is directly associated with the land that the Hassayampa River passes through. The Conservancy will
transfer the instream flow rights to Maricopa County along with the land via the deed for the land
transfer. The Conservancy will continue to hold the instream flow right for the portion of the river within
the Leased Property until the land is conveyed to the Lessee.
5. Boundary discrepancies.
Current Condition: At the time of the Lease, a number of boundary discrepancies were brought to the
attention of the Conservancy and the Lessee by a surveyor contracted by Lessee to determine the legal
boundary of the Leased Property. The discrepancies consist of overlapping legal descriptions and gaps
between legal descriptions of private properties along U.S. Highway 60. The Conservancy will address
the boundary issues prior to conveyance of the Leased Property to the Lessee.
The Conservancy addressed one such issue with a private property owner along U.S. Highway 60 in
2014. Approximately 3 acres were quitclaimed to the neighboring landowner to correct the issue, as a
portion of his property extended onto the Preserve. The quitclaim deed has been recorded and this issue is
resolved. The recently discovered boundary discrepancies are similar to the 2014 discrepancy and will be
addressed in a similar manner.
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6. Existing Access Easements of Record.
Current Condition: Pedestrian & Equestrian Access Easement 92-0701048 grants an easement across the
Preserve for pedestrian and equestrian access to Larry Seay and guests (and subsequent owners of the
land). The easement is 12 feet in width and is located adjacent to the northern property boundary of the
Leased Property near the “north fence.” The easement cannot be used for commercial purposes of any
type, runs with the land, and is depicted on Exhibit 2, Map C-1.
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EXHIBIT 1
Maps of Leased Property
Map A: General Location of Leased Property
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EXHIBIT 1- Continued
Maps of Leased Property
Map B. Aerial Photograph of Leased Property
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EXHIBIT 2 (Continued)
Map C-1. Photo Point Locations, Roads, Northern portion of Leased Property
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EXHIBIT 2 - Continued
Map C-2. Photo Point Locations, Roads, Middle portion of Leased Property
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EXHIBIT 2 - Continued
Map C-3. Photo Point Locations, Roads, Southern portion of Leased Property
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EXHIBIT 2
LIST OF PHOTO POINTS & PHOTOGRAPHS
The photographs listed below and incorporated herein were taken on March 8, 2017. The photographs
accompany this Conditions Report.
Photo points are outlined on Map C attached as Exhibit 2 to this Conditions Report.
Photo Point 1: View of river corridor from west boundary of the Visitor Center Parcel.
Photo 1 – Looking north, upstream along riverbed and at dominant vegetation cover on Leased
Property.
Photo 2 – Looking south, downstream at riparian corridor on the Leased Property.
Photo Point 2: View from the east boundary of the Leased Property.
Photo 3 - Looking northeast from photo point. This photo shows the adjacent residential
structures, just east of the Leased Property and the edge of the riparian corridor.
Photo 4 – Photo taken looking north from the east boundary of the Leased Property, showing
riparian area.
Photo Point H3: View of “South fence” as it affects the Leased Property.
Photo 5 – Photo of the “South Fence” which runs across the Leased Property in an east-west
direction, south of the hiking trail system on the Visitor Center Parcel.
Photo 6 – Photo of “South Fence” as it cuts across a portion of the riparian area on Leased
Property. The purpose of the fence is to block trespass cattle from the Visitor Center parcel and
riparian area.
Photo 7 – Photo of the “South Fence” that recently washed out and has been removed due to
heavy precipitation events in January and February 2017.
Photo Point H4: View of a portion of the Hiking Trail System as it extends onto Leased Property.
Photo 8 – Photo of a portion of the “Mesquite Meander” hiking trail that extends onto the Leased
Property.
Photo Point H5: View from the north end of ADOT Rest Area.
Photo 9 – View of the Leased Property from the north end of the ADOT Rest Area along U.S.
Highway 60. The rest area serves as an access point to the middle section of the Leased Property.
Photo Point H6: View from the south end of ADOT Rest Area.
Photo 10 – View from the south end of the ADOT Rest Area along U.S. Highway 60. The rest
area serves as an access point to the middle section of the Leased Property.
Photo Point H7: View of the southernmost portion of the Leased Property, which are disjunct from
the remainder of the Leased Property.
Photo 11 – View of the southernmost portion of the Leased Property, looking southwest from a
viewpoint on the west side of U.S. Highway 60.
Photo 12 - View from the east boundary of the Leased Property, along U.S. Highway 60, at
milepost 118. This is the southernmost potion of the Leased Property and is disjunct from the
remainder of the Leased Property.
Condition of Leased Property Report March 8, 2017 14
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Exhibit 2 continued - PHOTOGRAPHS
Photo 1 – Looking north, upstream along river bed and at dominant vegetation cover on Leased Property.
Photo 2 – Looking south, downstream at riparian corridor on the Leased Property.
Condition of Leased Property Report March 8, 2017 15
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Exhibit 2 continued – PHOTOGRAPHS
Photo 3 – Looking northeast from photo point. This photo shows the adjacent residential structures, just
east of the Leased Property and the edge of the riparian corridor.
Photo 4 – Photo taken looking north from the east boundary of the Leased Property, showing riparian
area.
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Exhibit 2 continued – PHOTOGRAPHS
Photo 5 – Photo of the “South Fence” which runs across the Leased Property in an east-west direction,
south of the hiking trail system on the Visitor Center Parcel.
Condition of Leased Property Report March 8, 2017 17
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Exhibit 2 continued - PHOTOGRAPHS
Photo 6 – Photo of “South Fence” as it cuts across a portion of the riparian area on Leased Property. The
purpose of the fence is to block trespass cattle from the Visitor Center parcel and riparian area.
Photo 7 – Photo of the “South Fence” that recently washed out and has been removed due to heavy
precipitation events in January and February 2017.
Condition of Leased Property Report March 8, 2017 18
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Exhibit 2 continued - PHOTOGRAPHS
Photo 8 – Photo of a portion of the “Mesquite Meander” hiking trail that extends onto the Leased
Property.
Photo 9 – View of the Leased Property from the north end of the ADOT Rest Area along U.S. Highway
60. The rest area serves as an access point to the middle section of the Leased Property.
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Exhibit 2 continued - PHOTOGRAPHS
Photo 10 – View from the south end of the ADOT Rest Area along U.S. Highway 60. The rest area serves
as an access point to the middle section of the Leased Property.
Photo 11 – View of the southernmost portion of the Leased Property, looking southwest from a viewpoint
on the west side of U.S. Highway 60.
Condition of Leased Property Report March 8, 2017 20
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Exhibit 2 continued - PHOTOGRAPHS
Photo 12 – View from the east boundary of the Leased Property, along U.S. Highway 60, at milepost 118.
This is the southernmost potion of the Leased Property and is disjunct from the remainder of the Leased
Property.
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EXHIBIT 3
GPS WAYPOINTS – PHOTO POINT LOCATIONS
The Photographs listed below and incorporated herein were taken on March 8, 2017. The
photographs accompany this Conditions Report and are outlined on Map C1 to C-3 in Exhibit 1
to this Conditions Report.
A total of 12 photographs were taken to document the current conditions of the Leased Property
as of the date of this Conditions Report.
WAYPOINT UTM UTM
IDENTIFICATION EASTING NORTHING
1 343785.416 3755516.421
2 346376.234 3750684.613
3 343041.711 3756295.447
4 343046.761 3756167.537
5 345191.331 3753108.775
6 343354.038 3756149.176
7 343791.759 3755684.900
Condition of Leased Property Report March 8, 2017 22
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