AMENDMENT TO CONSENT TO USEV3_REV - SR.PDF

DocuSign Envelope ID: 6064FDEC-B4A0-4155-AFFE-49F7B53727C4
FIRST AMENDMENT TO CONSENT TO USE EASEMENT
This First Amendment to Consent to Use Easement dated the 24th day of February, 2021
(“Effective Date”), by and between SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district, organized
and existing under the laws of the State of Arizona, hereinafter referred to as “SRP,” and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a political subdivision of the
State of Arizona, hereinafter referred to as “OWNER”.
WHEREAS, the parties hereto entered into that certain Consent to Use Easement, dated
October 9, 2019, FCD Contract No. 2018C012, recorded in the land records of Maricopa County
as instrument number 20190852764 on October 24, 2019 (the “Consent Agreement”).
WHEREAS, the parties now desire to amend said Consent Agreement to allow OWNER
to modify the Plans, describing the use to which Owner shall place within the Easement Parcel.
NOW, THEREFORE, it is mutually understood and agreed by the parties hereto as follows:
1. Amendment. SRP and Owner amend the Consent Agreement to replace Section 1.1 in its
entirety with a new Section 1.1 that shall read as follows:
SRP consents to the occupancy and use of the Easement Property for the McMicken
Dam improvements, as such were presented and described in the following
documents (collectively, the “Plans”):
a) final plans prepared by AECOM, sealed and dated June 14, 2019 by Todd E.
Ringsmuth, Registered Professional Engineer ##32847 and approved by SRP
Transmission Line Asset Management on August 15, 2019; and
b) final plans prepared by AECOM, sealed and dated May 22, 2020 by Todd
E. Ringsmuth, Registered Professional Engineer ##32847 and approved by
SRP Transmission Line Asset Management on October 13, 2020.
2. References. All references in the Consent Agreement to the Plans shall mean and refer to
the Plans collectively as described above.
3. This Agreement may be cancelled in accordance with A.R.S. § 38-511.
4. Effectiveness. Except as above provided, all of the terms, covenants and conditions of the
Consent Agreement, shall be and remain in full force and effect. This Amendment may be
executed in counterparts. Electronically transmitted signatures shall have the same force and effect
as original signatures.
[Signatures appear on following page]
SRP-General Use

DocuSign Envelope ID: 6064FDEC-B4A0-4155-AFFE-49F7B53727C4
EXECUTED by the parties as of the Effective Date:
SRP:
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT
By________________________________
Pamela Raffield, Senior Land Agent
STATE OF ARIZONA )
)ss.
County of Maricopa )
On the ________ day of _________________________, 20______, before me personally
appeared ___________________________, the ________________________________ for the
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT,
and acknowledged that (s)he executed the foregoing instrument on its behalf for the purposes
therein contained.
__________________________________
Notary Public
My Commission Expires:
SRP-General Use

DocuSign Envelope ID: 6064FDEC-B4A0-4155-AFFE-49F7B53727C4
OWNER:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
RECOMMENDED FOR APPROVAL: APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT BOARD OF DIRECTORS OF
OF MARICOPA COUNTY FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
4/30/2021
Michael A. Fulton Date Chairman of the Board
Director
4/29/2021 ATTEST:
William D. Wiley, P.E. Date
Real Estate Chief Officer
Maricopa County Real Estate Department
Clerk of the Board
Date:
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona and Maricopa County
4/30/2021
General Counsel 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.
SRP-General Use