RECREATIONAL EASEMENT FC PARKS WHITE TANKS 3 OUTFALL.PDF

When recorded, return to:
Flood Control District of
Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (NWC)
EXEMPT ARS § 11-1134, A3____________________________________________________
IGA FCD 2006A002
1999R016
NON-MOTORIZED RECREATION TRAIL EASEMENT
Project: White Tanks 3 Outfall Channel
FCD Parcel #: FA032-01
APN: Portion of 502-28-563E
Portion of 502-28-563A
Portion of 502-77-748A
Permit 2012P078
THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a municipal
corporation and political subdivision of the State of Arizona, GRANTOR, and its successors and
assigns, for and in consideration of One Dollar and 00/100 ($1.00), and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant
and convey unto the MARICOPA COUNTY, a political subdivision of the State of Arizona,
GRANTEE, and its successors and assigns, a Non-Motorized Recreation Trail Easement
(Easement) over and across the premises hereinafter shown as:
Recorded Survey recorded 01/27/2015, recordation number 20150052897, more particularly
described in EXHIBIT “A “attached.
The GRANTEE shall have the right of ingress and egress to and along said easement,
together with the right to use said premises for construction, maintenance and operation of trails,
landscaping, fencing, signage and other related appurtenant structures or improvements and entry
upon the easement area for hiking, equestrian use, walking and other non-motorized uses for the
use and enjoyment by the general public.
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Prior to any construction, GRANTEE shall submit plans for GRANTOR’S approval,
which approval shall not be unreasonably be withheld. GRANTOR agrees to complete the
review of said plans in accordance with the GRANTOR’S then applicable permit approval
process.
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
have unrestricted access to the subject property for the purpose of operating and maintaining the
flood control project within said easement. At all times, GRANTOR shall endeavor to operate
and maintain the flood control project in a manner which will not unreasonably interfere with the
GRANTEE’S right of access to its non-motorized recreation easement. GRANTEE assumes all
risk of damage to its improvements resulting from the property functioning as a flood control
project.
This Easement is granted solely for the purpose of allowing GRANTEE to permit
recreational activities and no other use may be made of the Easement without prior written
permission from the GRANTOR.
The GRANTEE agrees as follows:
1. To be responsible for maintenance and repair of the Easement area, including without
limitation the removal of graffiti, trash and debris from the Easement area.
2. To be responsible for providing appropriate law enforcement activities related to security
of the Easement area
3. Any monies or revenues collected in the use of this recreational easement must be shared
with the GRANTOR and will be facilitated in another agreement.
In the event GRANTEE shall have failed to abide by any of the above conditions, then
and in such event, GRANTOR may notify GRANTEE, in writing, that GRANTOR considers
that the conditions of this Easement have been violated. In such event, GRANTEE shall remedy
any such failure of conditions within thirty (30) days of receipt of the aforesaid notice from the
GRANTOR, or any period of additional time as may be agreed to by GRANTOR. Should
GRANTEE fail to remediate the failure to abide by any condition after the aforesaid period of
time, GRANTOR shall be permitted to record a revocation of this Easement in the public
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records of Maricopa County. Unless and until such revocation is recorded by GRANTOR, this
Easement shall remain in full force and effect.
Should GRANTEE fail to maintain or make repairs to the recreational facilities and/or
improvements placed within the Easement premises as described herein, or fail to provide
appropriate law enforcement activities, GRANTOR reserves the right to maintain and/or make the
repairs or provide security and be reimbursed by GRANTEE for the costs of all such repairs or
security that are deemed necessary at the discretion of the GRANTOR.
The GRANTEE further agrees to indemnify, defend and save harmless the GRANTOR,
its agents, officers, employees, directors, successors or assigns against any and all claims,
actions, cost or expenses for any loss or expense incurred and all property damages, personal
injuries or death caused by and/or related to rights herein granted, except such injury or damages
as shall have been occasioned by the sole or joint negligence of GRANTOR or any of its
officers or employees.
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RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
William D. Wiley, P.E. Date Chairman of the Board
Chief Engineer and General Manager
ATTEST:
Michael D. Wilson, SR/WA Date
Manager, Public Works Real Estate Division
Clerk of the Board
Date:
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
Before me, , Notary Public in and for said County, State of
Arizona, on this day personally appeared ________________, known to me to be the person
whose name is subscribed to the forgoing instrument as Chairman of the Board of the Political
Subdivision and Municipal Corporation in the foregoing instrument.
Given under my hand and seal of the office this day of , 2015.
APPROVED AS TO FORM and within the
powers and authority granted under the laws
Of the State of Arizona and Maricopa County
Flood Control District General Counsel Date
RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
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MARICOPA COUNTY BOARD OF SUPERVISORS
PARKS AND RECREATION DEPT. OF MARICOPA COUNTY
R.J. Cardin Date Chairman of the Board
Director
Maricopa County Parks and Recreation Dept.
ACCEPTED: MARICOPA COUNTY, a political
subdivision of the State of Arizona
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board
Date:
APPROVED AS TO FORM:
Deputy County Attorney
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