Fill and Sign the Az Easement Form

EASEMENT FOR ACCESS TO TRAIL THIS INDENTUR E, made this _________ day of __________________________ , 20 _____ , by and between: ___________________________ (Name) and _________________________ (Name) of ___________________________ (Address 1) and ___________________________ (Address 2) hereinafter designated the "Grantor" and “Grantee.” RECITALS: The Grantee requires a right-of-way over and perpetual easement to a parcel of land belonging to the Grantor, upon which the Grantee may construct and maintain hereafter a public non-motorized multi-use trail, and all incidents thereto, together with the right to authorize, permit and license the use thereof for public purposes not inconsistent with its primary use as a public trail. The Grantor does hereby grant to the Grantee a perpetual easement for such purposes, subject, however, to the reservations, provisions and conditions hereinafter contained, and said Grantor does hereby approve the location of said trail and consents to the establishment thereof over said land; and does hereby release the said _________ from, and waives all claims for damage or compensation for and on account of the establishment and construction of said public trail other than set forth herein. CONSIDERATION: In consideration of the premises, covenants, and conditions to be kept and performed by the Grantee and the further consideration of the sum of ______________ ($ ____ .00), and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantor does hereby grant a perpetual easement and does by these presents convey to the use of the Grantee forever, that certain strip, tract, or parcel of land and real estate situated in _______________________ County, Arizona, and more particularly described as follows: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ or EXEMPT from the Affidavit of Value Requirements by virtue of A.R.S. §42-1614A(3). 2 TO HAVE AND TO HOLD the same forever, provided that the Grantee complies with, keeps, and carries out the following stipulations and conditions which run with and are 1 attached to over, upon and across lands of the Grantor that may be required for the purpose of, or in the all right and interest granted herein: CONDITION S: 1. That said parcel of land shall be used for no other purposes than those herein set forth. 2. That the Grantee shall and will repair any improvements belonging to the Grantor that may be damaged by the Grantee during the construction of said trail. THAT ALL GRANTS, COVENANTS AND PROVISIONS herein contained shall be binding on and inure to the benefit of the heirs, successors, and assigns of the parties hereto. IN WITNESS WHEREO F, this instrument has been duly signed and executed by the Grantor the day and year first above written. ______________________________ ______________________________ Grantor Grantee STATE OF ARIZONA )) County of _____________________ ss This instrument was duly acknowledged before me this the ____ day of ______________________ , 20 ____ , by ______________________________ [name] for the purpose and consideration therein mentioned. ______________________________ Notary Public My Commission expires: _____________ STATE OF ARIZONA County of _____________________ ss This instrument was duly acknowledged before me this the ____ day of ______________________ , 20 ____ , by ______________________________ [name] for the purpose and consideration therein mentioned. 2 Notary Public My Commission expires: _____________ The Grantee, by signing the acceptance below, evidence its intention to acquire said easement. IN WITNESS WHEREO F, the parties have hereunto set their hands this the ____ day of ______________________ , 20 ____ . ACCEPTED AND APPROVE D: ______________________________ (Grantee) ATTEST: ______________________________ Clerk, ________________________ County STATE OF ARIZONA ) ) ss County of ________________________ ) Acknowledged before me ______________________________ this the ____ day of ______________________ , 20 ____ . Notary Public My Commission expires: _____________ 3