A1. 055.02.01_A-12012B_CHE_ACC_PERMANENT_CHANNEL_AND_LEVEE_EASEMENT-_GRANTOR_SIGNED_8-15-22.PDF
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When recorded, return to:
Maricopa County
Real Estate Department [KLS]
EXEMPT ARS 11-1134, A3
Resolution # IGA – FCD 87003
PERMANENT FLOOD CONTROL CHANNEL, LEVEE and INGRESS/EGRESS EASEMENT
FOR FLOOD CONTROL PURPOSES
Parcel No.:
500-02-106, 500-02-107
Project No.:
055.02.01
Project Name: Agua Fria River Channel
Item:
A-12012B (KS)
This permanent flood control channel, levee and ingress/egress easement for flood control purposes
("Easement") is by and between the following parties, and shall become effective upon acceptance by the
Board of Directors of the Flood Control District. The term “operating and maintaining” shall include, by
way of example and not limitation, any and all management, inspection, flood control measures, repairing
or replacing any elements of the flood control project and constructing capital improvements, all as
determined by the GRANTEE to be necessary to fulfill its statutory requirement to provide flood control
and protection to persons and property.
GRANTOR:
AVONDALE CAPITAL LLC, an Arizona limited liability company
GRANTEE:
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona, its agents, contractors,
successors, and assigns.
The purpose of this easement is to clarify some confusion created to the burdened properties as to the
duration and location of the prior easement 91-279827. To protect the public good and to clarify any
confusion caused by the existing easement, GRANTOR does hereby dedicate, grant and convey to
GRANTEE a perpetual channel and levee easement for the purpose of operating and maintaining the
Flood Control Project described in said IGA together with the right of ingress and egress, as necessary for
such purpose, on, over, under, and across the real property situated in the County of Maricopa, State of
Arizona, and described on Exhibit "A" attached hereto and incorporated herein (“Burdened Property”).
All improvements existing within this Easement shall remain. Subject to review and approval by
GRANTEE to ensure that any proposed improvement does not interfere with GRANTEE’s flood control
purpose, GRANTOR shall be permitted to construct such improvements and engage in other activities
DocuSign Envelope ID: 73A7B3C8-EE5A-4720-9126-2F6A41FCEBDA
DocuSign Envelope ID: 73A7B3C8-EE5A-4720-9126-2F6A41FCEBDA
Parcel No.:
500-02-106, 500-02-107
Project No.:
055.02.01
Project Name: Agua Fria River Channel
Item:
A-12012B (KS)
Page 3 of 4
RECOMMENDED FOR APPROVAL:
APPROVED AND ACCEPTED:
FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS OF
OF MARICOPA COUNTY
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
Michael Fulton, Director
Date
Chairman of the Board
ATTEST:
Alex Smith
Date
Director, Real Estate Department
Clerk of the Board
Date:
Approved as to form and within the powers and
authority granted to the Board of Directors.
General Counsel
Date
DocuSign Envelope ID: 73A7B3C8-EE5A-4720-9126-2F6A41FCEBDA
8/15/2022
8/15/2022
8/15/2022
DocuSign Envelope ID: 73A7B3C8-EE5A-4720-9126-2F6A41FCEBDA