NON-EXCLUSIVE RECREATIONAL TRAIL EASEMENT.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

NON-EXCLUSIVE RECREATIONAL TRAIL EASEMENT

FCD Project: Spook Hill FRS and Outlet
FCD Parcel No.: SH-558 and SH-559
APNs: 219-17-001L and 005F ptns.

FCD Permit No.: 2020P270
Maricopa County C#

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 number 19760242967, recorded
September 28, 1976 in the official records of Maricopa County (“Burdened Property”). The
granted easement, described 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. 2020P270
(“FCD Permit”).

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

Page | of 11

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 project known as the Spook Hill FRS and Outlet (Project). 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
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,
Page 2 of 11

FCD Project: Spook Hill FRS and Outlet APNs: 219-17-005F and 001L ptns.
FCD Parcel No.: SH-558 and SH-559 FCD Permit No.: 2020P270

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 11

FCD Project: Spook Hill FRS and Outlet APNs: 219-17-005F and 001L ptns.
FCD Parcel No.: SH-558 and SH-559 FCD Permit No.: 2020P270

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midarl Fulton 5/4/2022

61D71DC47EBB48C...

Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:

flex. Smithe 5/3/2022

F0612B0D565D4CC...

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 Pell 5/3/2022
B2E0BD10DB524D1...
District General Counsel Date
Page 4 of 11
FCD Project: Spook Hill FRS and Outlet APNs: 219-17-005F and 001L ptns.

FCD Parcel No.: SH-558 and SH-559 FCD Permit No.: 2020P270

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 Project: Spook Hill FRS and Outlet
FCD Parcel No.: SH-558 and SH-559

day of. 202__

Notary Public (signature)

Page 5 of 11

APNs: 219-17-005F and 001L ptns.
FCD Permit No.: 2020P270

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

RECOMMENDED FOR APPROVAL:

DocuSigned by:
[ Cardin 5/3/2022

F2COR47N93N AEA

RJ Cardin, Director Date
Maricopa County Parks and Recreation

ACCEPTANCE AND APPROVAL:

MARICOPA COUNTY

Bill Gates Date
Chairman of the Board of Supervisors

ATTEST:

Clerk of the Board Date

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

State of Arizona.

DocuSigned by:

Busy Pregulman, 5/3/2022

07695337ADCA460...

Deputy County Attorney Date

FCD Project: Spook Hill FRS and Outlet
FCD Parcel No.: SH-558 and SH-559

APNs: 219-17-005F and 001L ptns.
FCD Permit No.: 2020P270

Exhibit “A” - Easement
Attached to Non-Exclusive Recreational Trail Easement

Spook Hill Floodway Trail
Legal Description
Section 30 TZN RE

A perpetual easement for operating, repairing, maintaining, and using a recreational trail located
in the West half of the West half of Section 30, Township 2 North Range 7 East of the Gila & Salt
River Base & Meridian, the easement being more particularly described in Exhibit A.

Said trail is on land owned by the Flood Control District of Maricopa County, Arizona.

Page 7 of 11

FCD Project: Spook Hill FRS and Outlet APNs: 219-17-005F and 001L ptns.
FCD Parcel Nos.: SH-558 and SH-559 FCD Permit No.: 2020P270

Exhibit “A” - continued
Attached to Non-exclusive Recreational Trail Easement

Spook Hill Floodway Trail
Legal Description
Section 30 T2N R7E

Exhibit A

A ten-foot-wide easement located in the West half of the West half of Section 3D, Township 2 North
Range 7 East of the Gila & Salt River Base & Meridian. Said easement is five feet on each side of a
center line more particularly described as follows:

Commencing at an unmarked 4-inch Maricopa County Engineering (MCED) brass cap in a hand hole at

the Southwest corner of said Section 30, from which the South quarter comer of Section 30 bears South
89°49'0D" East a distance of 2,457.09 feet;

thence South 89°49'00" East along the South line of said Section 30, a distance of 614.06 feet to a point;

thence North 0°11'00" East, a distance of 48.86 feet to a point;

thence North 29°23'42" East, a distance of 15.88 feet to a point on the north right-of-way of Eagle Crest
Drive and the POINT OF BEGINNING;

thence North 1°12'53" West, a distance of 28.21 feet;
thence North 11°21'22” East, a distance of 32.91 feet;
thence North 6°57'32" West, a distance of 48.07 feet;
thence North 10°06'04" East, a distance of 36.05 feet;
thence North 15°00'20" East, a distance of 45.66 feet;
thence North 14°31'58° West, a distance of 65.09 feet;
thence North 4°19'49" East, a distance of 70.76 feet;
thence North 24°57'15" East, a distance of 46.98 feet;
thence North 11°11'44" West, a distance of 90.43 feet;
thence North 7°52'27" East, a distance of 75.15 feet;
thence North 15°34'23" East, a distance of 65.31 feet;
thence North 2°17'29" West, a distance of 61.00 feet;
thence North 14°12'34" West, a distance of 56.57 feet;
thence North 5°56'35" East, a distance of 84.20 feet;
thence North 7°04'53" East, a distance of 50.47 feet;
thence North 1°26'48" West, a distance of 53.67 feet;
thence North 0°05'03" West, a distance of 77.56 feet;
thence North 8°08'04" East, a distance of 71.92 feet;
thence North 4°54'27" West, a distance of 38.86 feet;
thence North 3°27'19" East, a distance of 80.02 feet;
thence North 6°12'20" East, a distance of 36.13 feet;
thence North 1°22'18" West, a distance of 33.54 feet;
thence North 22°34'08" East, a distance of 39.67 feet;
thence North 12°30'54" West, a distance of 61.80 feet;
thence North 2°03'42" West, a distance of 75.28 feet;
thence North 4°47'01" East, a distance of 42.28 feet;
thence North 20°10'6" East, a distance of 46.80 feet;
thence North 8°01'44" West, a distance of 87.39 feet;
thence North 2°12'16" East, a distance of 69.88 feet;

Page 8 of 11

FCD Project: Spook Hill FRS and Outlet APNs: 219-17-005F and OOIL ptns.
FCD Parcel Nos.: SH-558 and SH-559 FCD Permit No.: 2020P270

Exhibit “A” - continued
Attached to Non-exclusive Recreational Trail Easement
Spook Hill Floodway Trail
Legal Description
Section 30 T2N R7E

thence North 1°27'03" East, a distance of 95.22 feet;
thence North 18°57'S2" East, a distance of 26.87 feet;
thence North 1°20'42" East, a distance of 39.23 feet;
thence North 6°27'04" West, a distance of 42.60 feet;
thence North 13°26'49" East, a distance of 53.11 feet;
thence North 6°30'22" West, a distance of 42.07 feet;
thence North 11°12'50” West, a distance of 40.58 feet;
thence North 0°50'57" East, a distance of 55.47 feet;
thence North 16°54'50" East, a distance of 36.55 feet;
thence North 5°15'55" West, a distance of 73.13 feet;
thence North 0°45'49" East, a distance of 87.86 feet;
thence North 0°42'45" West, a distance of 81.96 feet;
thence North 3°10'39" West, a distance of 53.47 feet;
thence North 13°55'48" East, a distance of 33.49 feet;
thence North 19°43'20" West, a distance of 35.54 feet;
thence North 10°29'06" East, a distance of 25.20 feet;
thence North 1°49'28" West, a distance of 49.62 feet;
thence North 2°09'26" West, a distance of 71.25 feet;
thence North 2°09'26" West, a distance of 30.02 feet;
thence North 13°15'42” East, a distance of 40.43 feet;
thence North 17°19'48" West, a distance of 48.28 feet;
thence North 7°21'10" East, a distance of 35.00 feet;
thence North 19°16'29" East, a distance of 42.70 feet;
thence North 8°54'24" West, a distance of 38.71 feet;
thence North 11°47'35" West, a distance of 21.98 feet;
thence North 0°10'26" West, a distance of 39.24 feet;
thence North 6°56'37" West, a distance of 75.06 feet;
thence North 23°21'20° East, a distance of 39.18 feet;
thence North 4°27'43" East, a distance of 21.24 feet;
thence North 13°07'16” West, a distance of 34.50 feet;
thence North 6°39'08" East, a distance of 44.44 feet;
thence North 2°01'56" East, a distance of 48.17 feet;
thence North 11°30°50" West, a distance of 17.69 feet;
thence North 0°10'46”" East, a distance of 88.18 feet;
thence North 5°21'32" East, a distance of 67.63 feet;
thence North 7°51'44" West, a distance of 60.47 feet;
thence North 6°06'12” East, a distance of 43.27 feet;
thence North 10°00'28" West, a distance of 59.95 feet;
thence North 9°14'3?" East, a distance of 44.94 feet;
thence North 0°15'57" West, a distance of 51.11 feet;
thence North 12°20'19" East, a distance of 41.64 feet;
thence North 11°39'08" West, a distance of 39.14 feet;
thence North 1°09'22" West, a distance of 29.04 feet;
thence North 27°50'42" West, a distance of 31.05 feet;
thence North 3°24'33" West, a distance of 30.77 feet;

Page 9 of 11
APNs: 219-17-005F and 001L ptns.

FCD Project: Spook Hill FRS and Outlet fs
FCD Permit No.: 2020P270

FCD Parcel Nos.: SH-558 and SH-559

Exhibit “A” - continued
Attached to Non-exclusive Recreational Trail Easement

Spook Hill Floodway Trail
Legal Description
Section 30 T2N R7E

thence North 10°41'10" East, a distance of 40.16 feet;
thence North 31°52'31° East, a distance of 45.09 feet;
thence North 4°14'01" East, a distance of 63.23 feet;
thence North 1°54'24" West, a distance of 62.13 feet;
thence North 8°48'21" West, a distance of 45.30 feet;
thence North 30°13'33" West, a distance of 64.02 feet;
thence North 4°04'10" West, a distance of 54.90 feet;
thence North 3°51'31" East, a distance of 64.91 feet;
thence North 0°35'24" East, a distance of 49.91 feet;
thence North 9°59'36" West, a distance of 27.65 feet;
thence North 2°55'24" East, a distance of 26.88 feet;
thence North 2°56'01" West, a distance of 32.98 feet;
thence North 4°15'47" East, a distance of 85.41 feet;
thence North 3°07'02" West, a distance of 92.35 feet;
thence North 26°42'18" East, a distance of 32.23 feet;
thence North 4°33'41" West, a distance of 23.49 feet;
thence North 21°05'12" West, a distance of 39.18 feet;
thence North 4°59'45" East, a distance of 33.26 feet;
thence North 12°00'01" East, a distance of 37.71 feet;
thence North 5°04'50" West, a distance of 34.83 feet;
thence North 16°37'36" East, a distance of 23.41 feet;
thence North 5°25'00" East, a distance of 24.34 feet;
thence North 35°50'14" East, a distance of 34.68 feet;
thence North 6°38'40" West, a distance of 25.65 feet;
thence North 7°52'35" East, a distance of 56.11 feet;
thence North 19°23'07° East, a distance of 26.88 feet;
thence North 1°43'02" West, a distance of 15.58 feet;
thence North 8°20'09" East, a distance of 22.60 feet;
thence North 18°21'21" East, a distance of 40.82 feet;
thence North 29°15'12" East, a distance of 48.56 feet;
thence North 13°13'05° East, a distance of 26.51 feet;
thence North 37°26°19" East, a distance of 29.08 feet;
thence North 15°07'21° East, a distance of 36.40 feet;
thence North 35°47'58° East, a distance of 20.93 feet;
thence North 12°16'36" East, a distance of 50.73 feet;
thence North 30°36'41" West, a distance of 19.39 feet;
thence North 1°43'58" East, a distance of 16.90 feet;
thence North 25°28'17" East, a distance of 38.69 feet;
thence North 33°30'03" East, a distance of 27.53 feet;

Thence North 6°12'35" East, a distance of 17.89 feet to the North line of said Section 30 and the POINT
OF TERMINUS of the herein described center line.

Page 10 of 11

FCD Project: Spook Hill FRS and Outlet APNs: 219-17-005F and 001L ptns.
FCD Parcel Nos.: SH-558 and SH-559 FCD Permit No.: 2020P270

Exhibit “A” - continued
Attached to Non-exclusive Recreational Trail Easement

Spook Hill Floodway Trail
Legal Description
Section 30 T2N R7E

The above described center line not Right of Way.

Said parcel contains 53,589.17 square feet or 1.230 acres more or less.

Page 11 of 11

FCD Project: Spook Hill FRS and Outlet APNs: 219-17-005F and 0011 ptns.
FCD Parcel Nos.: SH-558 and SH-559 FCD Permit No.: 2020P270