PARTIALLY EXECUTED EASEMENT (2021P254).PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (MDH)

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”).

Page | of 8

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
Page 2 of 8

FCD Projects: Tres Rios and Holly Acres Salt River Corridor

FCD Parcel Nos.: CW-009B and F00311 APN: 500-69-088 pin.

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.

Page 3 of 8

FCD Projects: Tres Rios and Holly Acres Salt River Corridor

FCD Parcel Nos.: CW-009B and F00311 APN: 500-69-088 pin.

FCD Permit No.: 2021P254

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midral Fulton 9/21/2022
f4N71NCATERRARC.
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:
( AS— 9/21/2022
F0612BODS65D4CC...
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.

‘DocuSigned by:
Wayne Prk 9/21/2022
[ Way fk

District General Counsel Date

Page 4 of 8

FCD Projects: Tres Rios and Holly Acres Salt River Corridor
7 APN: 500-69-088 ptn.
FCD Parcel Nos.: CW-009B and F00311 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

FCD Projects: Tres Rios and Holly Acres Salt River Corridor

FCD Parcel Nos.: CW-009B and F00311

»202__

Notary Public (signature)

APN: 500-69-088 ptn.
FCD Permit No.: 2021P254

GRANTEE: MARICOPA COUNTY, a political subdivision of the State of Arizona

RECOMMENDED FOR APPROVAL:

LQ). Carlin 9/15/22

RJ Gérdin, Director Date
Maricopa County Parks and Recreation

ACCEPTANCE AND APPROVAL:

MARICOPA COUNTY

Bill Gates Date
Chairman of the Board of Supervisors

ATTEST:

Clerk ofthe Board = — Date

APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.

Page 6 of 8

FCD Projects: Tres Rios and Holly Acres Salt River Corridor

FCD Parcel Nos.: CW-009B and F00311 “ABN 200:62,002 Ba

FCD Permit No.: 2021P254

Exhibit “A” - Easement

Attached to Non-Exclusive Recreational Trail Easement
a portion of Maricopa Trail Segment 9/
Sun Circle Trail Segment 1
Legal Description
Section 36 TIN R1W

Exhibit A

A ten foot wide parcel of land located in Section 36, Township 1 North Range 1 Vest of the Gila
& Salt River Base & Meridian, Said parcel is five feet on each side of a trail centerline mare
particularly described as follaws:

Commencing at the Quarter Camer of Section 36, Township 1 North Range 1 West and Section
34, Township 1 Norih Range 1 East, being a 3 inch Maricopa County Highway Department
brass cap from which a 3 inch Maricopa County Highway Department brass cap at the point of
tangency of Avondale Boulevard bears Narth 00°07'07" East along the Principle Meridian
1323.21 feet;

thence North 89°22'52" West along the Mid-section line of said saction 36, a distance of 345.11
feet to the centerline of Avondale Boulevard;

thance North 19°07°40" East along the centerline af Avondale Boulevard, 507.18 feet:

thance departing said centerline North 70°62'20" West 98.42 feat to the Westerly right of way
line af Avandale Boulevard to said trail centerline and the POINT OF BEGINNING;

thance departing said right of way line along the centerline of said trai] S 82°06'S3" West, 29.53
feet;

thence S 86°11'04" West, 50.64 feet;

thence S 88°55'02" Vest, 52.39 feet;

thence $ 89°49°33" Vest, 52 61 feet:

thence $ 86°55'03" West, 48.36 feet,

thence North 87°14'59" West, 45.64 feat,

thance North 26°45'56" West, 14.06 feet;

thence North 75°00'50" East, 35.69 feet;

thence North 80°56'10" East, 50.59 feet;

thence North 40°12'34" East, 50.81 fest;

thence North 79°57'43" East, 51.69 feet;

thence North 79°57'28" East, 61.33 feet;

thence North 81°08'31" East, 53.32 feet;

thence North 71 0433" East, 18.74 feet to the Westerly right of way lina of Avondale Boulevard,
thence South 19°07'40" West along said right of way line, 65.26 feet to the POINT OF
BEGINNING.

Page 7 of 8

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

Exhibit “A” - continued
Attached to Non-Exclusive Recreational Trail Easement
a portion of Maricopa Trail Segment 9/

COR SEC 30831 TINRIE ——=#, |,

AND SEG 25 & 36 TIN RIW to

J" MARICOPA COUNTY BT)

HIGHWAY DEPT, BRASS CAP 1 1s
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SBE SSO I A835
BRIG We 45.84"
La N 2674556" 14.06
LO N78’00'SO°E 35.69
LiO NB80°S8'10"E 50.59"
Lit N&o"12'34"E 60.81'
Li2 N79°5743"°E
Li3 N 79°S7'28" E
Lid NS1°08'31"
LIB N71°Gd'h3" E
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CALCULATED BY

Ny - Hic NWAY DEPT BRASS CAP
= wate Ep MID "TIN 114.536 831
Naa z2 Ww 2578.24" RAW RIE 1891 Letsata"
oP Le
ONS BS. 5: aie _ MARICOPA COUNTY
( suai ie PARKS AND RECREATION
ig JOHNS hs | SUN CIRCLE TRAIL SEGMENT 14
Dale Signag; a TIN RiE SECTION 36
q-8-2% 9 | __ PROJECT NO. TR155
des pool f DRAWN [J HUNTER onger22
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PROJECTNO.TR155 [ PAGE 1 OF 1

Page 8 of 8

FCD Projects: Tres Rios and Holly Acres Salt River Corridor . APN: 500-69-088 ptn.
FCD Parcel Nos.: CW-009B and F00311 FCD Permit No.: 2021P254