NON EXCLUSIVE RECREATIONAL TRAIL EASEMENT SC1 MT9.PDF

When recorded, return to: 
Flood Control District of Maricopa County 
2801 West Durango Street 
Phoenix, AZ 85009 (MDH) 
 
Page 1 of 8 
 
EXEMPT ARS § 11-1134, A2 
 
 
 
 
 
 
 
 
 
FCD 1999R016 
IGA FCD 2006A002 
 
NON-EXCLUSIVE RECREATIONAL TRAIL EASEMENT 
FCD Projects: Tres Rios and Holly 
Acres Salt River Corridor 
FCD Parcel Nos.:CW-009B and F00311 
APN: 500-69-088 ptn.  
FCD Permit No.: 2021P254 
 Maricopa County C# ____________ 
a portion of Maricopa Trail Segment 9/ 
Sun Circle Trail Segment 1 
 
This Non-Exclusive Recreational Trail Easement is entered into by and between the following 
parties and becomes effective as of the date of recordation with the Maricopa County Recorder. 
 
 
GRANTOR: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a 
political subdivision of the State of Arizona 
 
GRANTEE: 
MARICOPA COUNTY, a political subdivision of the State of Arizona, 
and/or its successors and assigns 
 
In accordance with GRANTOR’S Board of Directors Resolutions 2018R013 dated 
October 24, 2018 and 88-5 dated January 16, 1989, for good and valuable consideration, the receipt 
and sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to 
GRANTEE a non-exclusive Recreational Trail Easement in, upon, over, under, across, through 
and along a portion of the premises set forth in instrument numbers 19850373446, recorded August 
8, 1985 and 20090671049, recorded July 21, 2009 in the official records of Maricopa County 
(“Burdened Property”).  The granted easement, described and depicted on the attached Exhibit 
“A” (“Easement”), is for the purpose of operating, repairing, maintaining, and using a recreational 
trail, and appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-
Way Use Permit No. 2021P254 (“FCD Permit”).

FCD Projects: Tres Rios and Holly Acres Salt River Corridor 
FCD Parcel Nos.: CW-009B and F00311 
Page 2 of 8 
 
APN: 500-69-088 ptn. 
FCD Permit No.: 2021P254 
 
Said Easement is SUBJECT TO all governmental restrictions which include, but are not 
limited to, environmental, archaeological, and cultural resource regulations, and all land use 
regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of 
record, or not of record, that could be disclosed by a visual inspection or accurate survey of the 
real property. 
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to 
have unrestricted access to and use of the Easement for the purpose of operation and maintenance 
of the flood control projects known as Tres Rios and Holly Acres Salt River Corridor (Projects). 
GRANTOR shall endeavor to use its best efforts to operate and maintain the Project in a manner 
which will not unreasonably interfere with the GRANTEE’S rights granted by this Easement.  
GRANTEE assumes all risk of damage to its Facility resulting from the Burdened Property 
functioning as a flood control project.   
 
In the event any use or activity conducted pursuant to the rights granted in this easement 
by the GRANTEE interferes with GRANTOR’S use of the Burdened Property or the Burdened 
Property is needed to construct, maintain, or relocate any portion of GRANTOR’S Project 
(collectively “Interference”), GRANTEE shall, at GRANTOR’S request and GRANTEE’S sole 
expense, eliminate the Interference upon notice from the GRANTOR.  If elimination of 
Interference, including but not limited to the relocation of the Facility, or any part thereof, requires 
a right of way use permit, actual construction shall begin within thirty (30) days following 
GRANTOR’S issuance of a right-of-way use permit.  Upon mutual agreement, the time frame 
for the start and completion of said work may be extended based on the requirements of 
GRANTOR.  If GRANTEE’S effort to eliminate Interference delays construction by 
GRANTOR, and causes GRANTOR to be liable for damages, GRANTEE shall reimburse 
GRANTOR for those damages attributable to the delay created by GRANTEE within thirty (30) 
days after GRANTEE’S receipt of the GRANTOR’S invoice for said delay. 
The GRANTEE shall, at its sole cost and expense, maintain the Easement, and 
GRANTEE’S Facility located within the Easement, in a state of good repair and in a safe 
condition, including without limitation the removal of trash and debris from the Easement. The

FCD Projects: Tres Rios and Holly Acres Salt River Corridor 
FCD Parcel Nos.: CW-009B and F00311 
Page 3 of 8 
 
APN: 500-69-088 ptn. 
FCD Permit No.: 2021P254 
rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now 
growing, or that may hereafter grow, within the Easement, or that may extend over the Easement, 
so as to protect the same from interfering with the maintenance and operation of GRANTEE’S 
Facility. 
After the installation of GRANTEE’S Facility in accordance with said FCD Permit, any 
modification whatsoever to the Easement, the Facility, or any appurtenance of GRANTEE located 
therein, that is not in compliance with said FCD Permit, will require GRANTEE to apply for and 
obtain a new right-of-way use permit from GRANTOR.  GRANTOR will process any such 
application in accordance with GRANTOR’S right-of-way use permit approval process. 
 
GRANTEE shall indemnify GRANTOR for any and all damages and costs, including 
without limitation, reasonable attorney's fees, court costs, and all other expenses relating to the 
defense of claims or litigation, caused by or arising from the exercise of GRANTEE’S rights 
pursuant to the terms of this Easement, excepting therefrom any such injury, damage or costs 
caused by or arising solely from the gross negligence, or actions that are purposeful or undertaken 
without regard to the consequences, by the GRANTOR, its officers, employees, agents or 
contractors. 
In the event GRANTEE fails to install the Facility within the Easement, or in the event 
GRANTEE removes the Facility, or in the event the Facility ceases to function, or in the event of 
any other event giving evidence to GRANTOR that the GRANTEE has abandoned the use of this 
Easement, then and in such event, GRANTOR shall notify GRANTEE, in writing, that 
GRANTOR considers that the Easement has been abandoned.  In such event, GRANTEE shall 
provide confirmation to GRANTOR that the Easement has been abandoned, or in the event 
GRANTEE shall fail to reply that there has been no intent to abandon the Easement within thirty 
(30) days of receipt of the aforesaid notice from the GRANTOR, this Easement shall be deemed 
to be abandoned and GRANTOR shall be permitted to record a termination of this Easement in 
the public records of Maricopa County.  Unless and until such termination is recorded by 
GRANTOR, this Easement shall remain in full force and effect.  
This Easement shall run with the land and is binding on all parties.

FCD Projects: Tres Rios and Holly Acres Salt River Corridor 
FCD Parcel Nos.: CW-009B and F00311 
Page 4 of 8 
 
APN: 500-69-088 ptn. 
FCD Permit No.: 2021P254 
 
 
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
 
 
RECOMMENDED FOR APPROVAL:   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Michael A. Fulton 
Date 
 
 
Director 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
REAL ESTATE DEPARTMENT APPROVAL: 
 
 
 
 
 
 
 
 
 
 
 
 
Alex Smith, Director                     
Date 
Maricopa County Real Estate Department 
 
 
 
 
APPROVED AS TO FORM and within the powers and authority granted under the laws of the 
State of Arizona. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
District General Counsel 
            Date

FCD Projects: Tres Rios and Holly Acres Salt River Corridor 
FCD Parcel Nos.: CW-009B and F00311 
Page 5 of 8 
 
APN: 500-69-088 ptn. 
FCD Permit No.: 2021P254 
APPROVED: 
 
BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA 
COUNTY 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Bill Gates 
 
 
 
Date 
Chairman of the Board  
 
 
ATTEST: 
 
 
 
 
 
 
 
 
 
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 Bill Gates, known to me to be the person whose name 
is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision in 
the foregoing instrument. 
 
Given under my hand and seal of the office this  
   day of 
 
 
, 202 . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
______________________________
 
 
 
 
 
 
 
 
 
Notary Public (signature)

9/15/22

FCD Projects: Tres Rios and Holly Acres Salt River Corridor  
FCD Parcel Nos.: CW-009A DE, CW-009B, and F00311  
FCD Projects: Tres Rios and Holly Acres Salt River Corridor 
FCD Parcel Nos.: CW-009B and F00311 
Page 7 of 8 
 
APN: 500-69-088 ptn. 
 
                                                                              FCD Permit No.: 2021P254 
  
 
Exhibit “A” - Easement  
Attached to Non-Exclusive Recreational Trail Easement  
a portion of Maricopa Trail Segment 9/

FCD Projects: Tres Rios and Holly Acres Salt River Corridor  
FCD Parcel Nos.: CW-009A DE, CW-009B, and F00311  
FCD Projects: Tres Rios and Holly Acres Salt River Corridor 
FCD Parcel Nos.: CW-009B and F00311 
Page 8 of 8 
 
APN: 500-69-088 ptn. 
 
                                                                              FCD Permit No.: 2021P254 
  
 
 
Exhibit “A” - continued  
Attached to Non-Exclusive Recreational Trail Easement  
a portion of Maricopa Trail Segment 9/