G2. EASMENT FOR FLOOD CONTROL PURPOSES F00442.PDF
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WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Department
2801 West Durango Street
Phoenix, Arizona 85009
Page 1 of 7
EXEMPT ARS § 11-1134, A2
Resolution FCD 2022R001
SO
/WJ
EASEMENT FOR FLOOD CONTROL PURPOSES
Parcel No.:
403-11-054B
Project No.: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
Item:
F00442 (SO)
This easement for flood control purposes is entered into as of the last date executed below by and
between the following parties.
GRANTOR: Emma Skinner, a widow
GRANTEE: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona, its agents, contractors,
successors, and assigns
FOR AND IN CONSIDERATION of the sum of Six Thousand Eight Hundred Forty-
Nine and no/100 Dollars ($6,849.00), and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, GRANTOR do hereby grant and convey to the
GRANTEE, a non-exclusive easement ("Easement") on, over, under, across, and through the real
property described in Exhibit “A”, and depicted on Exhibit “B”, which are both attached hereto
and made a part hereof (collectively “Easement Area”), for the purpose of construction,
installation, reconstruction, operation, repair, replacement, maintenance, and/or removal of the
channel, and appurtenances thereto (“Facility”), together with: (1) the right of unrestricted ingress
and egress to, from, across, and along the Easement Area; and, (2) the right, but not the obligation,
DocuSign Envelope ID: C6B2F285-CD9D-4777-A95B-AB8D917834B3
Parcel No.:
403-11-054B
Project No.: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
Item:
F00422 (SO)
Page 2 of 7
to cut back and trim such portions of trees and vegetation that obstruct or interfere with the efficient
access to, and/or maintenance and operation of, the Facility.
GRANTOR shall not construct, or permit the construction of, any permanent structures in
the Easement Area, nor plant any trees or deep-rooted vegetation, within the Easement Area
GRANTEE shall review and permit, in accordance with GRANTEE’S Right of Way Use
Permit process, any proposed modifications, new construction, and/or other activities undertaken
or authorized by GRANTOR within the Easement Area, prior to any work, to ensure the Facility’s
intended use, functionality, and GRANTEE’S ability to operate and maintain its Facility, are not
adversely impacted or diminished. If any GRANTOR use, or GRANTOR-authorized use, of the
Easement Area causes interference with GRANTEE’S Facility, then the GRANTOR and/or the
user shall, at its/their sole cost and expense, eliminate such interference.
The GRANTEE shall, at its sole cost and expense, maintain the flood control Facility and
Easement Area in a state of good repair and in a safe condition. GRANTEE shall also use its best
efforts to operate and maintain the flood control Facility in a manner which will not unreasonably
interfere with the GRANTOR’S rights reserved within this Easement.
In the event GRANTEE removes the Facility, or in the event the Easement ceases to be
used for the purposes it was granted, or in the event of any other event giving evidence to
GRANTOR that the GRANTEE has abandoned the use of this Easement, then and in such event,
GRANTOR shall notify GRANTEE, in writing, that GRANTOR considers that the Easement is
no longer being used for the purpose it was granted or has been abandoned. In such event,
GRANTEE shall respond to GRANTOR within 30 days as to whether the Easement Property is
still being used for flood control purposes or has been abandoned. If the Easement is no longer
needed by GRANTEE, GRANTOR and GRANTEE shall execute a termination of this Easement which
GRANTOR shall record in the public records of Maricopa County. Unless and until such termination
is recorded, this Easement shall remain in full force and effect.
DocuSign Envelope ID: C6B2F285-CD9D-4777-A95B-AB8D917834B3
Parcel No.:
403-11-054B
Project No.: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
Item:
F00422 (SO)
Page 3 of 7
This Easement shall run with the land and shall be binding upon the parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE(S) FOLLOW
DocuSign Envelope ID: C6B2F285-CD9D-4777-A95B-AB8D917834B3
DocuSign Envelope ID: C6B2F285-CD9D-4777-A95B-AB8D917834B3
Parcel No.:
403-11-054B
Project No.: 650.01.31
Project Name: Scott Avenue Wash Emergency Repair
Item:
F00422 (SO)
Page 5 of 7
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: C6B2F285-CD9D-4777-A95B-AB8D917834B3
8/24/2022
8/25/2022
8/25/2022
DocuSign Envelope ID: C6B2F285-CD9D-4777-A95B-AB8D917834B3
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F00442 Area: 2,808 square feet or 0.0645 acres
Total Req'd. Area: 2,808 square feet or 0.0645 acres
Exhibit 11811
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
APN 403-11-054B SCOTT AVE WASH EMERGENCY REPAIR
PROJECT No. 650.01 .31 ITEM No. F00442
DATE 02/10/2022
R/W S.O. Tech HP
N
Not to Scale
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DocuSign Envelope ID: C6B2F285-CD9D-4777-A95B-AB8D917834B3