Phoenix Arizona Right of Way Easement for Public Trail

State:
Arizona
City:
Phoenix
Control #:
AZ-EAS-3
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Word; 
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Description

To 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.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


The Phoenix Arizona Right of Way Easement for Public Trail refers to a legal document that grants a designated portion of land, typically alongside roads or other public areas, for the creation and maintenance of a public trail. This easement ensures the right and access to the public to utilize the trail for recreational purposes while preserving the property rights of the landowner. This type of easement is an essential component of urban planning and infrastructure development, as it promotes the establishment of interconnected trails and pathways that enhance the overall livability and outdoor accessibility of a city or region. It also encourages active lifestyles, alternative transportation methods, and eco-friendly practices. There are several types of Phoenix Arizona Right of Way Easement for Public Trail that can be established: 1. Pedestrian Trail Easement: This type of easement is specifically designated for pedestrian use, such as walking, jogging, or hiking. It usually includes a pathway, sidewalks, or footbridges within the right of way. 2. Bike Path Easement: This type of easement is designed for bicyclists and other non-motorized vehicles. It often features wide paved surfaces or designated lanes alongside the road to ensure the safety and convenience of cyclists. 3. Multi-Use Trail Easement: This type of easement caters to a variety of recreational activities, including walking, jogging, biking, rollerblading, and even horseback riding. It is typically wider and offers a more diverse experience for users. 4. Nature Trail Easement: This type of easement focuses on showcasing the natural beauty and ecological features of an area. It may include interpretive signage, benches, and overlooks for educational and recreational purposes. 5. Waterfront Trail Easement: This type of easement is established along water bodies like rivers, lakes, or canals. It provides public access to waterfront areas for activities such as fishing, boating, and picnicking. It is imperative for property owners and the city to carefully consider the location and design of these easements. Factors such as safety, environmental impact, adjacent land uses, accessibility, and community input play significant roles in determining the specifics of each easement. Proper maintenance and periodic inspections are also crucial to ensure the longevity and usability of these public trails. Overall, the Phoenix Arizona Right of Way Easement for Public Trail serves as a vital instrument in creating a sustainable and livable community, promoting physical well-being, and connecting people to nature by establishing accessible and enjoyable trails throughout the city and its surroundings.

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FAQ

These give utility companies permission to run their equipment across the property to provide Internet, electricity, water, gas, and cable. Utility easements also grant the utility companies permission to enter the property to service and maintain their equipment.

A right of way can be claimed on the basis of user evidence (i.e. that the public has established a right of way by using a defined route over a period of time), or documentary evidence (i.e. based on historical documents such as Enclosure Awards or other old maps), or a combination of the two.

A conservation easement is a private legal agreement between a landowner and a land trust, such as the Land Trust of Virginia, that protects land and its conservation values permanently.

What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.

Public rights of way can only be moved or closed for one of the following reasons: it's necessary to allow development (if planning permission has been granted) the diversion benefits the landowner/occupier. the diversion benefits the public.

Easement means an acquired legal right for the specific use of land owned by others. Alley means a public right-of-way, other than a street, affording secondary means of access to abutting property.

An easement or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner's property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner's use of the affected portions of land.

Right of way is the land required to construct, maintain and operate a highway properly. DOES THE STATE HAVE THE RIGHT TO TAKE MY PROPERTY? Yes; however, Article 3, Section 9 of the Constitution of West Virginia provides that private property will not be taken or damaged for public use without just compensation.

The Court of Appeals reversed the trial court and ruled that, even if the easement does not expressly provide for a duty to repair or maintain the easement, the owners of the easement have the shared duty to repair and maintain the easement. Freeman, 226 Ariz. 242 at 250.

A private right of way allows someone to pass and re-pass by foot and/or in a vehicle across land owned by someone else. It is a form of legal right known as an easement. Easements can be created by express grant in a deed of grant, a conveyance or transfer.

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•Phoenix is a large metropolis in a valley of small towns and neighborhoods. Public Airport: Tucson International Airport – approximately 21 miles from the subdivision. UTILITIES.Electricity: Tucson Electric Power, 623-7711. 15 Abandonment of Facilities in The City's Right-of-Way . Public Airport: Tucson International Airport – approximately 21 miles from the subdivision. UTILITIES. Electricity: Tucson Electric Power, 623-7711. In this process, two types of trail routes are acquired, easements through private property and on public road right of ways. Does not, in many cases, make them all whole. Chairman Hays asked if there is any way to have money safely committed to completing these projects. All throughout the urban sprawl of Greater Phoenix, Valley residents can access a network of canal trails that pave the way for fun and recreation.

There has been a good deal of money diverted to private projects since, and with the success of this effort it may be difficult for City Council to make changes on a short-term basis. Mr. Hays. The City can have a long-term vision, and I do not believe there is much that this Committee can do to put forward a long-term vision. The committee just wants to keep moving forward. Mr. Mares. I would like to make three comments. First, the city has a very large infrastructure to maintain, and, second, we do not think that the committee members have taken into consideration the impact on the surrounding communities. We do not think that the public, when asked to contribute for a public facility, the public will willingly give up a public facility. And, I do not think that this is the answer to our community's problems. If the city would give its funds to maintain that, that is what we would do, because, I mean, you can not be a great place unless you have great infrastructure.

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Phoenix Arizona Right of Way Easement for Public Trail