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When Recorded Mail To: City Clerk City of Avondale 11465 West Civic Center Drive, Suite 200 Avondale, Arizona 85323 Exempt under A.R.S. § 11-1134(A)(2) PUBLIC TRAIL EASEMENT AGREEMENT THIS PUBLIC TRAIL EASEMENT AGREEMENT (this “Agreement” or “Easement”) is made effective this ______ day of , 2016, by and between MARICOPA COUNTY, ARIZONA, a political subdivision of the State of Arizona (“County” or “Grantor”) and CITY OF AVONDALE, an Arizona municipal corporation (the “City” or “Grantee”). RECITALS A. The County owns that certain real property located in Maricopa County, Arizona, as legally described and depicted on Exhibit A attached hereto and incorporated herein by reference (the “the County Parcel”). B. The twenty (20) foot parcel is part of APN 102-55-017 that fronts Van Buren Street. C. A trail easement on the County Parcel is required pursuant to the City and Flood Control District County’s Design Concept Report for the Van Buren Street Channel – 99th Avenue to Agua Fria River. D. Subject to the terms contained in this Agreement, the County desires to grant to the City a public trail easement on the County Parcel for the benefit of the City. AGREEMENT Upon Grantee's acceptance of this Easement, Grantor and Grantee agree to be bound by and accept the foregoing Easement subject to the following terms and conditions. 1. Grantor grants Grantee a perpetual non-exclusive easement for a public trail, together with the right to maintain, operate, repair, inspect, protect, install, remove and replace such trail (the “Trail”). 2. The rights granted hereunder are nonexclusive and the County Parcel may be used for other purposes by such person or entity as Grantor, its successors or assigns, may designate at any time, so long as such uses do not unreasonably interfere with the easement granted herein and are otherwise permitted pursuant to applicable law. 3. Grantee shall not disturb present or future power, sewer, water, or other similar utility lines if any, within the boundaries of the Easement. SMB:tjv 2519744.1 12/30/2015 4. Grantee will comply with all applicable federal, state and local laws, regulations, and ordinances in the installation, use, maintenance, or removal of the Trail and the use of the Easement. 5. Once the Trail is built, Grantee shall act reasonably to maintain and secure the Trail on or in the Easement in such a manner as will minimize the time and extent of the disturbance to the property underlying or adjacent to the Easement and the improvements located thereon. Without limiting the foregoing, Grantee shall not allow debris, litter or any other unsightly, unsanitary or dangerous condition to exist or continue in the Easement. As between Grantor and Grantee, Grantee shall have the sole obligation for the security and safety of persons using any Trail located in the Easement once it is built. Prior to the building of the Trail, Grantee shall have no responsibilities to maintain the County Parcel. All such responsibilities remain with Grantor until the Trail is built. 6. Grantee acknowledges that, subject to applicable law, Grantor, its successors or assigns, may make improvements including, but not limited to, creating landscaping in areas of the Easement not physically occupied by the Trail provided that such uses shall not include structures of any kind. Grantee will not be responsible for the repair or maintenance of any improvements placed on the County Parcel by Grantor or its successors or assigns. 7. Grantor, its successors or assigns, shall have the right at such times and in such a manner as it deems necessary to construct and install landscaping over, across and through the Easement, so long as such does not unreasonably impair Grantee's use of this Easement for the purposes indicated herein and such uses are otherwise permitted under applicable law. 8. Grantee shall fully restore all improvements of Grantor (including those described above), if such are damaged or destroyed as a result of the use of the Easement by Grantee or the public. 9. This Agreement may be cancelled by either party pursuant to ARIZ. REV. STAT. § 38-511 at which time, the Easement shall be extinguished. This instrument shall be binding upon and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. [SIGNATURES ON FOLLOWING PAGE] SMB:tjv 2519744.1 12/30/2015 2 “Grantor” MARICOPA COUNTY, a political subdivision of the State of Arizona By Printed Name Chairman of the Board of Supervisors APPROVED AS TO FORM: ATTEST: Deputy County Attorney Clerk of the Board of Supervisors STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this ___ day of ________ 2016, by ____________, as Chairman of the Maricopa County Board of Supervisors. Notary Public in and for the State of Arizona (affix notary seal here) SMB:tjv 2519744.1 12/30/2015 3 ACCEPTED BY: “City” CITY OF AVONDALE, an Arizona municipal corporation David W. Fitzhugh, City Manager ATTEST: Carmen Martinez, City Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2016, before me personally appeared David W. Fitzhugh, the City Manager of the CITY OF AVONDALE, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the City of Avondale. Notary Public in and for the State of Arizona (affix notary seal here) SMB:tjv 2519744.1 12/30/2015 4 EXHIBIT A TO PUBLIC TRAIL EASEMENT AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF AVONDALE [Legal Description and Exhibit] See following pages. SMB:tjv 2519744.1 12/30/2015 SMB:tjv 2519744.1 12/30/2015 6 SMB:tjv 2519744.1 12/30/2015 7