AI- 4532
.
Special / Executive Session Board of Supervisors Meeting
- Meeting Date:
- 05/06/2019
- Title:
- Approve assignment of Whetstone multi-purpose access easement
- Submitted By:
- Sara Ransom, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Sara V. Ransom
TITLE
of PRESENTER:
of PRESENTER:
Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve and execute Assignment Agreement to convey the rights, obligations and responsibilities of the Easement Conveyance Agreement for Recreational Access, signed by the County and El Dorado and the Recreational Access Easement Agreement (collectively the “Easement Agreements”) to the Arizona Game and Fish Commission (“Commission”).
Background:
El Dorado Benson, LLC (“El Dorado”) conveyed to the County a perpetual non-exclusive recreational access easement in gross over and across a portion of real property owned by El Dorado for the purpose of providing public access to the Whetstone Mountains. This easement was formalized via the Easement Agreements, which were signed on February 27, 2018. During negotiations of the Easement Agreements, the parties anticipated that the County would assign the Easement Agreements to another state or federal agency, such as the Commission, to allow that agency to complete design, engineering and construction necessary to complete the multi-use access contemplated by the Easement Agreements. On or about May 4, 2018 the Commission approved acceptance of an assignment from the County. On February 20, 2019, El Dorado consented to the assignment.
Department's Next Steps (if approved):
The Chairwoman of the Board should sign three originals of the Assignment Agreement, and those originals should be delivered to the Commission to be executed. An original should then be retained by the Commission, an original should be returned to the County, and an original should be provided to El Dorado.
Impact of NOT Approving/Alternatives:
The County will retain all rights and obligations under the Easement Agreements, including the right to design, engineer and construct the improvements to the multi-use path.
To BOS Staff: Document Disposition/Follow-Up:
The Clerk and County Attorney’s Office will need to ensure that the Commission approves and executes the Assignment Agreement to complete the transfer of all rights, obligations and responsibilities under the Easement Agreements. The Clerk and County Attorney’s Office will need to ensure that an original of the Easement Agreement is returned to the County and recorded. NOTE—there is no financial cost to this assignment.