A2. RELEASE OF EASEMENT INTEREST (FCD PERMIT #2020P204).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

RELEASE OF EASEMENT INTEREST

FCD Project: East Maricopa Floodway
Reach 4

FCD Parcel No.: M-2167-RE

Portion of APN: 304-49-007N

FCD Permit No.: 2020P204

This Release of Easement Interest (“Release”) is made by the Flood Control District of Maricopa
County (“District”), a political subdivision of the State of Arizona, and is effective as of the date

of recordation with the Maricopa County Recorder.

RECITALS

WHEREAS, the District acquired an Ingress and Egress Easement (“Easement”) over a portion
of land in Section 36, Township 1 South, Range 6 East of the Gila and Salt River Meridian via that
certain Perpetual Non-Exclusive Access Easement, which was recorded on January 11, 2000, as
Instrument Number 2000-0022011, in the Office of the Maricopa County Recorder, Maricopa
County, Arizona (“MCR”),

WHEREAS, the District has acquired alternate access to District Parcel M-2167-RE and
determined that said easement, which is described and depicted on Exhibit “A” attached hereto

and made part hereof is no longer needed and desires to release the Easement; and

NOW, THEREFORE, District hereby releases and forever surrenders any and all interest it has
or may have in the Perpetual Non-Exclusive Access Easement recorded as Instrument No. 2000-

0022011 in the MCR.

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The Terms of this Release shall be construed in accordance with the laws of the State of Arizona
and any action thereon shall be brought in the appropriate court located in Maricopa County,

Arizona.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE FCD Permit No.: 2020P204

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DocuSigned by:

Midrarl Fulton 3/2/2023
iC.
Michael A. Fulton Date
Director

REAL ESTATE DEPARTMENT APPROVAL:

DocuSigned by:
( AS— 3/2/2023
F0612BOD565D4CC...
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 Puk 3/2/2023

i
District General Counsel Date

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FCD Project: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2167-RE

APN: 304-49-007N ptn.
FCD Permit No.: 2020P204

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA

COUNTY

Clint Hickman 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 Clint Hickman, 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: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2167-RE

202

Page 4 of 10

Notary Public (signature)

APN: 304-49-007N ptn.
FCD Permit No.: 2020P204

Exhibit “A”
Attached to Release of Easement Interest

IAL

OFFICIAL RECORDS GF
MARICOPA COUNTY RECORDER
HELEN PURCELL

00-0022011 01/11/00 09:14

When recorded, return to: weirs
Flood Contra] District

of Maricopa County = (MDW)

280! West Durango Street

Phoenix, Arizona 85009

Typed: 12/99

PERPETUAL NON-EXCLUSIVE ACCESS EASEMENT.

Project: EAST MARICOPA FLOODWAY
Item: MAINTENANCE ACCESS M-2167-RE
Assessor's Parcel No.: 304-49-007F (partial)

This Non-Exclusive Ingress and Egress Nasement and Agreement (“Agreement”) is
entered into this S11 day of January, 2000 by and between the following parties, and
shull become effective upon acceptance by the Board of Directors of the Fload Control

District.
GRANTOR: TECH INVESTMENT GROUP, a Texas Parinership
GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA

COUNTY, a municipal corporation and political subdivision of
the State of Arizona, its agents, contractars, successors, and
assipiss.

GRANTOR is the owner of the real property situated in Maricopa County, Arizona,
which is legally described on Exhibit “A” attached hereta and incorporated hereit
{“Besement Premises”).

Por and in considerntion of the sum of Que and no/100 Dollars (31.00), and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
GRANTOR does hereby grant and convey to GRANTEE, its successors, assigns and
licensees, a non-exclusive perpetual casement for ingress, egress, and uccess aver, under,
upon and across the Easement Premises to enter and exit GRANTEE’s Mood control
structure.

Page | of 4

Page 5 of 10

FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE FCD Permit No.: 2020P204

Exhibit “A”
Attached to Release of Easement Interest

GRANTOR reserves the right ta review and approve the desig and construction ef any
structure, which such approval shall not be unreasonably delayed or withheld.
GRANTEE worees to maintain any facilities so constructed in good and safe condition at
their sole expense.

Use of the Easement Premises shall be subject to all federal, state, and local laws or
ardinwices, including, but wot limited to, environmental, land use and floodplain
rogtilations.

GRANTOR hereby covenants that it is granting this casement. only te the extent of any
interest it may have in the property,

RESERVING, however, to GRANTOR, its successors and assigns, such rights and
privilepes ag may be used and enjoyed without imerfering with or abridging the rights
and casement herehy grunted.

GRANTEE aprees to indemnify GRANTOR far all direct damages to the properly of
GRANTOR caused by or arising fram the proximate result of the activities of
GRANTEE, its officers, employees, agents ar cantraciors (on the property) in the
exercise of GRANTEE'S rights pursuatd to the terms of this casement, GRANTEE
shall also indemnify GRANTOR for all damages or physical injury to persons or
personel property on the property proximately caused by GRAN TEE'S exercise of rights
aranted pursuattt to this casement.

‘This Agreement shall cun with the land and shall be binding upon and inure to the benefit
afthe parties and their respective sucesssors ont assigns.

NOW THEREFORE, iv consideration of the same and further consideration here within
set forth, this Agreement containg all of the provisions between the parties hereto, there
being no further consideration paid than herein specified.

Page 2 af 4

Page 6 of 10

FCD Project: East Maricopa Floodway Reach 4 APN: 304-49-007N ptn.
FCD Parcel No.: M-2167-RE FCD Permit No.: 2020P204

Exhibit “A”
Attached to Release of Easement Interest
20000022011

GRANTOR: TECH INVESTMENT GROUP, a Texas Partnership

DaedZ UF 1 OF

STATE OF ARIZONA }

COUNTY OF MARICOPA }

The foregoing instrument was acknowledged before me this Seday MAte ap antes, YEU by Z vA “ie vA
™ * 7
on behalf of Tech Investment Group, a ‘Texas Partnership. LOR vi vs wave
ad wd ey
My Commission Expires: AK: blog YAP bese.
- : yet ; f
fas wha aiah Notary Publi ¢
1 HOTARE Naieiranotn

ACOPA COUNTY, ‘
ay ue Suis uh 7, 2002

Page 3 of4

Page 7 of 10
APN: 304-49-007N ptn.

FCD Project: East Maricopa Floodway Reach 4 FCD Permit No.: 2020P204

FCD Parcel No.: M-2167-RE

Attached to Release of Easement Interest

Exhibit “A”

20000022011

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY

A-99

ACCEPTED AND APPROVED:

BOARD OF DIRECTORS OF
FLOOD CONTROL DISTRICT
OTF MARICOPA COUNTY

Lest! Eww, oor

‘Miche 18

 Etteyood, PE. : Date
CEChict Engineer and General Manager

“RO Sat. U 2-99.99

Jim B, Schwartzmann Date
Manager, Land Management Division

Cietnnan af the Board

ATTEST:

/ Medan tae Abt ha

heparry Clerk of the Board

Date:

Pape 4 of 4

FCD Project: East Maricopa Floodway Reach 4
FCD Parcel No.: M-2167-RE

Page 8 of 10

__AAN 05 20g

APN: 304-49-007N ptn.
FCD Permit No.: 2020P204

Exhibit “A”
Attached to Release of Easement Interest

20000022011

EXHIBET "A" PAGE 1

We COR. SEC. 36
TUS. R6E. GESAY

FOUND CDOT GC to HH

N 85°27 OL" E 2623.06"

WE, COR, SEC. 36
T.iS. RAGE. G&SAM

~ ( FOURO MCDOF BC in 4A

IAMS FIELD ROAD Sq rr
wit iff WE, COR. SEC. 36
EXIST AW fi i . ;
ig NI
rf
Hy om
SEE DETAIL A NTA, cee |
= L
& AV x P.O.
8/3 |Z wre | ga g
A i oS drosraat * a=01"54'56" a
v AN in “ Re835-30 R=935.90 a
N ‘i we ul
& 3 Ar09°22°37" 3
F + =19%02°52"
nis @ Ree . iB R=920.45° Rage a
: TECH 5 L=I50.64 =241.55" 2
INVESTHENT % \ 1 a
GROUP a al a=1°2503° “
PROPERTY & ot R=876.18" .
SCRE ef = 700 S { L174.60° <
SHEET FOF}
21
ay
E.% COR, SEC. 36 A
i FS. R.3E: 685M
FOURD 3%" REBAR EXIST R/W
N 263.20 PROPOSED EASEMENT
S QO"56'43°E
aw
S.E. COR, SEC. 36 Oo \ 826.19
TuiS. RE, GESEM > oh 4 5 SeEr4IH
EXAJGIT FOUND BLM BRASS CAP Oi is is
INGRESS AND EGRESS EASEMENT 8 GTaySrE,
i DETAIL A
AZTEC ENGINEERING

5 Phage AE 85080-3982
Te. ¢6020 AS40408 Foe TAF 454-0403

Toate eztaceartecegcon

HTS.

Page 9 of 10

APN: 304-49-007N ptn.
FCD Permit No.: 2020P204

FCD Project: East Maricopa Floodway Reach 4

FCD Parcel No.: M-2167-RE

Exhibit “A”
Attached to Release of Easement Interest

20000022011
EXHIBIT "A" pape 2 |

INGRESS AND EGRESS EASEMENT

An easernent for ingress and egress over that part of the Northeast quarter of the
Northeast quarter (NE1/4,NE1/4) of Section 36, Township 1 South, Range 6 East, of the
Gila and Salt River Meridian, Maricopa County, Arizona described as follows:

Commencing at the Northeast comer of said Section 36;

THENCE South 0°55°50" East, along the East line of said Section 36, a distance of
531.00 fect,

THENCE South 57°52'43” West, a distance of 626.19 feet to a point on the arc of a non-
tangont curve concave Northeasterly;

THENCE from a local tangent bearing of North 23°22'39" West, Northwesterly along
the ase of said curve, to the right, having a radius of 1377.40 feet and a central angle of
10°02'52" for an are distance of 241.55 feet to a point on the are of a non-tangent curve
concave Southeasterly;

THENCE from a local tangent bearing of South 50°43'36" West, Southwesterly along
the are of said curve, to the left, having a radius of 935.90 feet and a central angle of
01°54'56” for an arc distance of 31.29 feet to the PUINT OF BEGINNING;

THENCE continuing along the arc of said curve, to the left, having a radius of 935.90
feet and a central angle of 03°41'51" for an arc distance of 60.40 feet to a point on the arc
of a non-tangent curve concave Northeasterly;

THENCE from a local tangent bearing of South 01°28'51" Bast, Southeasterly nlong the
acc of said curve, to the right, having a radius of 920.45 feet and a central angle of
09°22'37” for an are distance of 150.64 feet to a non-tangent Line;

THENCE North 67°49'51" Bast, a distance of 45.19 feet to a point on the arc of a non:
tangent curve concave Northeasterly;

THENCE from a local tangent bearing of North 10°16'41” West, Northwesterly along
the are of said curve, to the right, having a radius of 876.18 fect and a central angle of
11°25°03" for an are distance of 174.60 feet to the POINT OF BEGINNING,

Containing 7,212 square feet or 0.17 acres, more or less.

Page 10 of 10
APN: 304-49-007N ptn.

FCD Project: East Mari Flood d
roject: East Maricopa Floodway Reach 4 FCD Permit No.: 2020P204

FCD Parcel No.: M-2167-RE