A. RELEASE OF EASEMENT INTEREST.PDF
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When Recorded, Interoffice Mail To: Maricopa County Real Estate Department 2801 W. Durango St. Phoenix, AZ 85009 (MDC) Exempt per A.R.S. § 11-1134, A2 Resolution FCD 1999R016 RELEASE OF EASEMENT INTEREST Project: New River Channel FCD Permit No: 2020P112 FCD Parcel No(s): R-245-FL and R-2-FCD Portion of Assessor’s Parcel Nos.: 102-59-007G &102-59-007H 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 executed by its Chairman of the District Board of Directors. RECITALS WHEREAS, by Drainage Easement dated August 2, 1990 and recorded by the Office of the Maricopa County Recorder, Maricopa County, Arizona (“MCR”), on August 13, 1990 as Instrument Number 90-0365462, the City of Phoenix did grant an easement to Willden- Red River Joint Venture over certain properties described in said Drainage Easement; and WHEREAS, by Trustee’s Deed from Charles A. Kellers, Esq., Successor Trustee, recorded by the MCR on June 30, 1994 as Instrument Number 94-0511921, and rerecorded by the MCR on September 23, 1994 as Instrument Number 94-0699054, District acquired District Parcel No. R-245-FL which is currently known as Maricopa County Assessor Parcel Number (APN) 102-59-007H; and Page 1 of 3 WHEREAS, by Warranty Deed from the City of Phoenix, recorded on March 16, 1998 as Instrument Number 98-0197400, District acquired District Parcel No. R-2-FCD which is currently known as APN 102-59-007G; and WHEREAS, said District parcels, which are located within Section 18, Township 2 North, Range 1 East, Gila and Salt River Base and Meridian, Maricopa County, Arizona, are benefited by said Drainage Easement; and WHEREAS, District has determined that said Drainage Easement is not needed for flood control purposes and District property benefited by the Drainage Easement when granted has no further need for said Drainage Easement; and NOW, THEREFORE, District hereby releases and forever surrenders any and all interest it has or may have in the Drainage Easement recorded as Instrument No. 1990-365462 in the MCR. 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 in Maricopa County, Arizona. The remainder of this page intentionally left blank FCD Release of 1990-365462, MCR Page 2 of 3 RECOMMENDED FOR APPROVAL: APPROVED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY SIGNED IN COUNTERPART Michael A. Fulton, Director Date Chairman of the Board Date SIGNED IN COUNTERPART ATTEST: William D. Wiley, P.E. Date Real Estate Chief Officer Maricopa County Real Estate Department 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 , 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___ day of , 2021 Notary Public (signature) APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona and Maricopa County SIGNED IN COUNTERPART Flood Control District General Counsel Date FCD Release of 1990-365462, MCR Page 3 of 3 RECOMMENDED FOR APPROVAL: APPROVED: FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF OF MARICOPA COUNTY FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 4 [30 [202 SIGNED IN COUNTERPART Michael A. Fulton, Director Date Chairman of the Board Date DocuSigned by: William 2. Wiley 4/30/2021 D481753CD8764065... ATTEST: William D. Wiley, P.E. Date Real Estate Chief Officer SIGNED IN COUNTERPART Maricopa County Real Estate Department 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 , 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___ day of 2021 , Notary Public (signature) APPROVED AS TO FORM and within the powers and authority granted under the laws of the State of Arizona and Maricopa County WA April 29, 2021 Flood Control District General Counsel Date FCD Release of 1990-365462, MCR Page 3 of 3