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CITY OF GLENDALE, ARIZONA
NON-EXCLUSIVE NON-MOTORIZED
RECREATION EASEMENT
(PLEASE DO NOT REMOVE - THIS IS PART OF THE OFFICIAL DOCUMENT)
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
ELECTRONIC RECORDING
20140778618 11/24/2014 03:18
NonExcNonMTEasement-9-1-I—N
When recorded, return to:
Flood Control District of
Maricopa County
2801 West Durango Street
Phoenix, AZ 85009 (NWC)
EXEMPT ARS § 11-11341 A3
1999R016
NON-EXCLUSIVE NON-MOTORIZED RECREATION EASEMENT
Project:ACDC
FCD Parcel #: T-017-02E
APN: Portion of 200-52-019J
Permit: 2008P069
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 Forty Six Thousand One Hundred and Thirty-One and
no/100 Dollars ($46,131.00), and other valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant and convey unto the CITY OF GLENDALE,
an Arizona municipal corporation, GRANTEE, and its successors and assigns, a Non-Exclusive
Non-Motorized Recreation Easement ("Easement") over and across the premises hereinafter
shown as:
See EXHIBIT "A"
Attached hereto and incorporated herein
1. The GRANTEE shall have an unrestricted, non-exclusive right, including the
right of ingress and egress, along and across the Easement, for (a) access and use for
construction, maintenance and operation of trails, landscaping, fencing, signage and other related
appurtenant structures or improvements; and (b) for the use and enjoyment by the general public
for hiking, equestrian use, walking and other non-motorized uses.
Page 1 of 6
2 Prior to any construction being undertaken in accordance with Paragraph 1 above,
GRANTEE shall submit plans for GRANTOR'S approval. GRANTOR agrees to complete the
review of said plans in a timely fashion and in accordance with the GRANTOR'S then
applicable permit approval process
3. 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 Easement. GRANTEE
assumes all risk of damage to its improvements resulting from the property functioning as a
flood control project except damage that results from GRANTEE'S intentional conduct or gross
negligence.
4. The rights and privileges granted herein are granted to the GRANTEE only.
GRANTEE may not assign or grant these nghts and privileges to any other person, except as
provided herein, and may not grant any rights or privileges in the Easement greater than those
granted to GRANTEE herein. GRANTEE may make no other use of the Easement without
prior written permission from the GRANTOR.
5. The GRANTEE agrees:
A.To maintain and repair the property subject to the Easement for damage caused by
GRANTEE'S right to access and use the Easement, including without limitation the
removal of graffiti, trash and debris from the property subject to the Easement.
GRANTEE, however, is not required to maintain or repair any fixtures, structures or
improvements associated with the flood control project constructed, installed,
operated or maintained by GRANTOR in the Easement.
B. To provide appropriate law enforcement monitoring and response activities to
ensure the safety and security of persons accessing and using the property subject to
the Easement.
Page 2 of 6
6. In the event GRANTEE fails to comply with the terms and conditions of this
Easement, GRANTOR may notify GRANTEE in writing that the terms and conditions of this
Easement have been violated and request that GRANTEE take corrective action to remedy such
violation within thirty (30) days, or such longer time as GRANTOR deems appropriate, of
receipt of such notice. Should GRANTEE fail to return to compliance within such time period
proscribed by GRANTOR'S notice, GRANTOR may revoke this Easement and record such
revocation in the public records of Maricopa County. Unless and until such revocation is
recorded by GRANTOR, this Easement shall remain in full force and effect. Nothing contained
in this Easement, however, shall be construed to limit the ability of the GRANTOR to take any
action necessary to address damage to or interference with the flood control structures or
operations caused by GRANTEE or to demand that GRANTEE address any damage to or
interference with the flood control structures or operations caused by GRANTEE. GRANTOR
may also request that GRANTEE pay any costs related to damage or interference with flood
control structures of the GRANTOR.
7. Should GRANTEE fail to perform its obligations in accordance with Paragraph 5
A and B herein, GRANTOR reserves the right to perform such obligations and seek
reimbursement from GRANTEE for all costs attributable to GRANTEE'S failure to perform.
Nothing in this Paragraph prevents or prohibits GRANTOR, in its sole unreviewable discretion,
from waiving or declining to seek reimbursement of some or all of the costs incurred to perform
GRANTEE'S obligations under Paragraph 5 A or B
8. The GRANTEE agrees to indemnify, defend, save and hold harmless the
GRANTOR, its agents, officers, employees, directors, successors or assigns against any and all
claims, actions, costs or expenses for any loss or expense incurred and all property damage,
personal injuries or death related to GRANTEE'S exercise of the rights granted herein, unless
such damage, injury or death is caused by a fixture, structure or improvement associated with the
flood control project constructed, installed, operated or maintained by GRANTOR in the
Easement or otherwise caused by GRANTOR's willful, intentional or grossly negligent conduct.
Page 3 of 6
9. As to any claims arising from the GRANTEE allowing access to the Easement
for lawful uses by the general public, the GRANTEE shall, to the extent permissible by law,
indemnify, defend and save harmless the GRANTOR, including agents, officers, directors,
governors and employees thereof, from any loss or expense incurred as a result of such a claim
or suit, unless such claim or suit arises from the sole fault of the GRANTOR. Such
indemnification obligation is intended to be a specific indemnity obligation rather than the
general indemnity obligations set forth in the previous paragraph and shall encompass any
personal injury, death or property damage, reasonable attorney's fees, court costs, and other
expenses relating to the defense of such claims or litigation.
Page 4 of 6
ACCEPTED BY:
CITY OF GLENDALE, an Arizona municipal corporation
9
4. J3�1�L
° (� f
Brenda S. Fischer Date
City Manager
ATTEST: APPROVED AS TO FORM:
4001 ED
Pamela anna Date Mar ael Bailey D.t-
City Clerk City Attorney
Page 5 of 6
RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
.. ,010011PA 4 111020 f 1 NOV 1 9 2014
APir-1 •---.......i.f.
illiam D Wiley; '.E. 1 'ate ,hairman of the Board Date
Chief Engineer and General Manager
ATTEST:
M hael D. Wilson, SR/WA Date
6 Y anager, Public Works Real Estate Division
Clerk of the Board ;
NOV 19 2014
Date.
STATE OF ARIZONA )
)ss
COUNTY OF MARICOPA )
Before me, -3—uctir‘C4ka Gex rz_ci-- , Notary Public in and for said County, State of
Arizona, on this day personally appeared r)evink-( eeivrityknown to me to be the person
whose name is subscribed to the forgoing instrument as Chain ian of the Board of the Political
Subdivision and Municipal Corporation in the foregoing instrument.
Given under my hand and seal of the office this rday of NOVerY112-er , 2014.
-------
' .•' .,t JUANITA GARZA
NotriPublIc-8b3le dArIzons
kr. miRICOPA COUTY
N
/T-'°' MY I 22,2018
APPROVED AS TO FORM and within the
powers and authority granted under the laws
Of,tt?p.tate r. Ariz. a and Maricopa County
/ / / ,
/
.4,----
/F ood Control District General Counsel Date
Page 6 of 6
Parcel No. 200-52-0193
ARIZONA CANAL DIVERSION CHANNEL REACH 1
Item No. T-17-REC
MULTI-USE PATH EASEMENT
EXHIBIT "A"
An easement lying within a portion Section 1, T3N,R1E and of that Icertain property as
described in Document 1984-0520931, Recorded in Official Records of Maricopa County.
Said easement is more particularly described in two parcels as follows:
PARCEL"A":
COMMENCING at the North quarter corner of said Section 1, from which the Northwest
corner bears South 89°57'09" West, a distance of 2641.91 feet; thence South 89°57'09"
West along the North line of said Section 1, a distance of 278.62 feet; thence South
32°27'07" West along the Northwesterly line of the Final Plat of "PARK PASEO", as
recorded at Book 543, Page 02, Maricopa County Records, a distance of 88.55 feet to the
POINT OF BEGINNING; thence continuing South 32°27'07" West, a distance of
566.92 feet to a point hereon known as "Point X"; thence North 03°08'12" West a
distance of 180.00 feet; thence North 34°00'47" East a distance of 360.14 feet; thence
North 89°55'45" East a distance of 112.60 feet to the POINT OF BEGINNING.
Containing 46,487 square feet or 1.0672 acres more or less.
Cont'd
Page 1 of 2
`oil Lands
V a
22260
KENNETH W.
GREEN
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY ,x1/9.ze/y
Prelim:3-14-2014 Chk;,9/ f Appr: ��i �'�-�� j/
Rev
Mancopa County Public Works-Real Estate Division EXPIRES 12/31/2014
GRANTOR DATE
EXHIBIT"A"
Parcel No. 200-52-0193
ARIZONA CANAL DIVERSION CHANNEL REACH 1
Item No. T-17-REC
MULTI-USE PATH EASEMENT
EXHIBIT "A"
PARCEL "B":
BEGINNING at said "Point X"; thence South 59°30'34" West along the Northwesterly
line of said "PARK PASEO", a distance of 747.77 feet; thence North 03°42'38" West a
distance of 45.00 feet; thence North 65°25'49" East a distance of 197.74 feet; thence
North 47°34'46" East a distance of 368.48 feet; thence North 89°11'54" East a distance
of 193.72 feet to the POINT OF BEGINNING. Containing 35,235 square feet of 0.8089
acres more or less.
The above described parcels combined contain 81,722 square feet or 1.8761 acres more
or less.
Page 2 of 2
sod Lane ts,,,
,9;SWICAre,f, rbo
r0
1 22260
KENNETH W.
GREEN
FLOOD
Prelim 3-14-2014 CONTROL DISTRICT OF MARICOPA COUNTY
, •
Chk Appr.
•Si41604......7%;e4409
Rev.
Mancopa County Public Works-Real Estate Division EXPIRES 12/31/2014
GRANTOR DATE
EXHIBIT"A"
N
/ NW COR N4 COR
SEC 1 BELL ROAD SEC 1
T3N,R1E T3N,R1E
N89°57'09"E 2641 91 /
278 62'
N89°55'45"E 330 40'
SQ. FT. ACRES ig, \, 112 60' h)
Parcel "A" 46,487 1.0672 ti bo' °�
Parcel "B" 35,235 0.8089 ' a' �� bqv
b
T-17-REC °o° `' °tib
Parcel "A" & "B" combined N . l) � S''�
SQ. FT. ACRES 200-52-019H otic
81,722 18761 o S;° 231-25-221
0
c
0
oc
"Point X"
°y'.,. , N89°11'54"E 619 38'
'')X15. 193 72'
n 200-52-019J S�� $ PARK PASEO
p/d 84-0520931 �'�h
Parcel 231-25-221 &222
°'��� 141 Book 543, Page 02 -
as O34`VJ
r, 9'i °3
Z 72'
5°2 '0 SC`)
06191;1
231-25-222
`.,ted land 6',/
;',' c,`<" 4CAp�yo �.
Westerly line of"PARK PASEO" zr,
22260
KENNETH W
GREEN
4475,.../9-240/
�I,
3-18-2014 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION EXPIRES 1213112014