C1. 400.03.12_K-009-FL_OG-RELE.PDF

Maricopa County — Formal (2024-12-11)

View PDF Item 154 Meeting page

Extracted text (via pymupdf) 11876 characters
When Recorded, Interoffice Mail To: 
Maricopa County Real Estate Department 
2801 W. Durango St. 
Phoenix, AZ 85009 (MDH) 
Exempt per A.RS. § 11-1134, A2 
Resolution FCD l 999R0 16 
C-
RELEASE OF EASEMENT INTEREST 
Project: Skunk Creek Channel at ACDC RI 
Project No.: 400.03.12 
FCD Permit No: FRU2400315 
FCD Parcel No: K-009-FL and K-009-FR 
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. 
RECITALS 
WHEREAS, the District acquired permanent easements ("Easement") over pmiions of land 
located in Section 2, Township 3 Nmih, Range 1 East of the Gila and Salt River Base and Meridian, 
establi~hed by "Flowage Easement and Agreement for Flood Control Purposes, Designated 
Floodway", recorded August 26, 1987 as Instrument Number 19870536396 and by "Flowage 
Easement and Agreement for Flood Control Purposes, Designated Floodway", recorded August 
26, 1987 as Instrument Number 19870536397 in the official records of Maricopa County, Arizona. 
WHEREAS, District has determined that pmiions of the Easement more particularly described on 
EXHIBIT "A" attached hereto and incorporated herein by this reference (the "Area of Release") 
are no longer needed for the purposes stated therein and desires to release and extinguish said Area 
of Release. 
NOW, THEREFORE, District hereby releases and forever surrenders any and all interest it has 
or may have within the Area of Release. 
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. 
Page 1 of8 
400.03.12 K-009-FL OG-RELE 
-
-

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
RECOMMENDED FOR APPROVAL: 
FLOOD CONTROL DISTRICT 
OF MARICOPA COUNTY 
G
I O:=~~~:~~~: 
-.,;r-,,m""'c 
11/13/2024 
DstOCCSEl'!!lm~ 
... ----------
paUl Baughman, P .E., CFM 
Date 
Chief Engineer and General Manager 
MARICOPA COUNTY 
REAL ESTATE DEPARTMENT 
~
°"y:= 
... -----1_1_/_B_/_2_02_4 __ 
Alex Smith, Director 
Date 
APPROVED AS TO FORM and within the powers and authority granted under the laws of the 
Stat~c~fut.,J~ona and Maricopa County 
~!.~. 
11/13/2024 
Flood Control District 
Date 
General Counsel 
Page 2 of8 
400.03.12 K-009-FL OG-RELE 
-
-

APPROVED: 
BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA 
COUNTY 
Chairman of the Board 
Date 
Printed Name: ----------
ATTEST: 
Clerk of the Board 
Date 
Printed Name: ----------
STATE OF ARJZONA 
) 
)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 ________ , 20_. 
Notary Public (Signature) 
Page 3 of8 
400.03.12_K-009-FL_OG-RELE

EXHIBIT "A" 
Attached to Release of Easement Interest 
LEGAL DESCRIPTION 
FULL EXTINGUISHMENT OF PARCEL K-9-FR AND 
PARTIAL EXTINGUISHMENT OF PARCEL K-9-FL 
(Reference 2021 Final Plat "Peoria Sports Complex" in MCR Book 1625, Page 10) 
(Reference 2023 Re-plat Plat "Peoria Sports Complex" in MCR Book 1774, Page 04) 
(Reference 1987 Flowage Easement and Agreement for Flood Control Purposes, 
Designated Floodway in MCR instrument number 1987-0536396 and 1987-0536397) 
All of the Skunk Creek (Floodway) defined as "K-9-FR" as described and depicted in the 
recorded instrument MCR number 1987-0536397, AND a portion of the Skunk Creek 
(Floodway) defined as "K-9-FL" as described and depicted in the recorded instrument 
MCR number 1987-0536396, lying northerly of the following described retained parcel, 
said "K-9-FR", said "K-9-FL" portion, and said retained parcel being located in Section 
2, Township 3 North, Range 1 East of the Gila and Salt River Meridian, City of Peoria, 
Maricopa County, Arizona, said "K-9-FR" and "K-9-FL"parcels transcribed below and 
said retained parcel being more particularly described as follows: 
For a basis of bearing, the west line of the southwest quarter of said Section 2 bears 
North 00° 35' 37" East as depicted on the said referenced Final Plat and Final Re-Plat of 
"Peoria Sp01is Complex". Said basis of bearing noting the said Final Plat and Final 
Replat unaccepted position of the west quarter corner monument of said Section 2, with 
said unaccepted monument being positioned off 0.40 foot south and 0.15 foot east as 
stated with Note number 1 on sheet 2 of 9 of said Final Plat "Peoria Sports Complex", 
MCR book 1625, page 10, and finiher stated with Note number 1 on sheet 3 of 3 of said 
Final Re-Plat "Peoria Sp01is Complex", MCR book 1774, page 04. 
Historic "K-9-FR" Floodway (transcribed from MCR instrument 1987-0536397) 
That portion of the East half of the Southwest quarter (E2 SW4) of Section 2, T3N, RlE, 
G&SRB&M, Maricopa County, Arizona described as follows: Beginning at the 
Nolihwest corner of said E2 SW4; thence along the West line of said E2 SW4 
South 00° 38' 15" West (South 00° 37' 06" West Record) 420.00' [sic, feet] to the TRUE 
POINT OF BEGINNING; thence North 88° 44' 47" East (North 88° 43' 38" East 
Record) 350.00' [sic, feet]; thence South 62° 45' 00" West 395.77' [sic, feet]] to the 
West line of said E2 SW4; thence along said line North 00° 38' 15" East 
(North 00° 37' 06" East Record) 173.57' [sic, feet] to the TRUE POINT OF 
BEGINNING; containing 30,357 square feet or 0.6969 acres more or less. 
(continued page 2 of 3) 
Page 1 of3 
Page 4 of8 
400.03.12_K-009-FL_OG-RELE

EXHIBIT "A" continued 
Attached to Release of Easement Interest 
Historic "K-9-FL" Floodway (transcribed from MCR instrument 1987-0536396} 
That portion of the East half of the Southwest quarter (E2 SW4) of Section 2, T3N, RlE, 
G&SRB&M, Maricopa County, Arizona, described as follows: Beginning at the 
Northwest comer of said E2 SW4; thence along the West line of said E2 SW4 
South 00° 38' 15" West (South 00° 37' 06" West Record) 420.00' [sic, feet]; thence 
North 88° 44' 47" East (North 88° 43' 38" East Record) 350.00' [sic, feet] to the TRUE 
POINT OF BEGINNING; thence continuing North 88° 44' 47" East 622.00' [sic, feet]; 
thence South 00° 38' 15" West (South 00° 37' 06" West Record) 609.62' [sic, feet]; 
thence South 43° 05' 10" West 729.10' [sic, feet]; thence South 68° 34' 00" West 
245.00' [sic, feet]; thence South 78° 04' 00" West 258.53' [sic, feet] to the West line of 
said E2 SW4; thence along said line North 00° 38' 15" East (North 00° 37' 06" East 
Record) 1090.29' [sic, feet]; thence North 62° 45' 00" East 395.77' [sic, feet] to the 
TRUE POINT OF BEGINNING; containing 977,348 square feet or 22.4366 acres more 
or less. 
RETAINED PARCEL DESCRIPTION (a portion of Lot 15} 
BEGINNING at the west most, northwest corner of Lot 15 as depicted on sheet 8 of9 of 
the Final Plat "Peoria Sports Complex", recorded with Maricopa Cotmt Recorders Office 
(MCR) book 1625, page 10, said Lot 15 northwest comer being North 00° 35' 37" East, 
152.71 feet from the west most, southwest comer of said Lot 15 of the Final Plat "Peoria 
Sports Complex"; 
Thence North 77° 55' 34" East, 203.69 feet; 
Thence North 74° 20' 51" East, 175.05 feet; 
Thence North 63° 02' 25" East, 84.33 feet; 
Thence North 45° 58' 10" East, 58.99 feet; 
Thence North 39° 38' 01" East, 351.17 feet to an angle point in the north line of said Lot 
15, from which a second angle point of said Lot 15 bears South 47° 55' 34" West, 
141.59 feet as depicted on sheet 9 of9 of the Final Plat "Peoria Sports Complex", 
recorded with Maricopa Count Recorders Office (MCR) book 1625, page 1 O; 
Thence along the no11hline of said Lot 15, North 34° 22' 41" East, 479.37 feet to the 
northeast comer of said Lot 15 as depicted on sheet 7 of9 of the Final Plat "Peoria Sports 
Complex, also being the east line of historic Skunk Creek Floodway parcel labeled 
"K-9-FL" (transcribed above) and described in the recorded 
MCR instrument number 1987-0536396; 
(continued page 3 of3) 
Page 2 of3 
Page 5 of8 
400.03.12_K-009-FL_OG-RELE

EXHIBIT "A" continued 
Attached to Release of Easement Interest 
Thence along the east line of said Lot 15 and said east historic Skunk Creek Floodway 
parcel "K-9-FL" line, South 00° 37' 39" West, 201.34 feet to the southeast comer of said 
historic Skunk Creek Floodway parcel "K-9-FL"; 
Thence leaving said Lot 15 east line, along the south line of said the historic Skunk Creek 
Floodway parcel "K-9-FL", South 43° 04' 08" West, 728.12 feet (historic distance 
729.10 feet); 
Thence continuing along said south historic Skunk Creek Floodway parcel "K-9-FL" 
line, South 68° 32' 58" West, 245.00 feet (historic distance 245.00 feet); 
Thence continuing along said south historic Skunk Creek Floodway parcel "K-9-FL" 
line, South 78° 03' 00" West, 258.58 feet (historic distance 258.53 feet) to the west line 
of said Lot 15 and to the southwest comer of said historic Skunk Creek Floodway parcel 
"K-9-FL"; 
Thence along the said west Lot 15 line, also being the west line of said historic Skunk 
Creek Floodway parcel "K-9-FL", North 00° 35' 37" East, 41.22 feet back to the 
POINT OF BEGINNING. 
Above Extinguished Parcel contains 30,357 square feet of said "K-9-FR" parcel, plus, 
977,340 square feet of the said historic "K-9-FL" parcel, minus 76,659 square feet of the 
above described retained historic "K-9-FL" parcel for a total of 931,038 square feet or 
21.37369 acres, more or less, fully extinguished from said historic "K-9-FR" and 
"K-9-FL" parcels. 
Exhibit Maps, attached and made a part hereon. 
Page3 of3 
Page 6 of8 
400.03.12_K-009-FL_OG-RELE

EXHIBIT "A" continued 
Attached to Release of Easement Interest 
EXHIBIT MAP 
(EXTINGUISHMENT Skunk Creek Floodways) 
~PEORIA 
~~«:\~ 
csJ~: 0·~'\ 
WEST QUARTER CORNER 
~- i'1,• 
SPORTS 
J 
COMPLEX 
SEE NOTE 1 -
PLAT MCR 1625-10 
~ 
t 
'\.'\. 
77th AVENUE 
LOT 
7 
LOT 
8 
SECTION 2 
11~·◊1 
BASIS OF BEARING 
r1 ( 
O<\, 
WEST LINE SECTION 2 
~ '\. 
V NORTH LINE 
PER MCR 1625-10 
ivo 
K-9-FL 
~v:OF :; 
R1E 
/' 
r--
~G 
~ 
~ I 
~'I?' v~-v~ 
("\<'\, 
g 
-<-:: ~<?J/ 
.... ~ 
0 
~¥ 
y 
~ 
O:'. 
0 z 
'\.'?) 
o<\-
v 
WEST LINE 
(E1/2, SW1/4) 
1soUTHWEST 
CORNER 
SECTION 2 
SOUTH EXTINGUISHMENT 
LINE AND NORTH LINE 
RETAINED PARCEL 
LEGEND 
T3N =TOWNSHIP 3 NORTH 
R1 E =RANGE 1 EAST 
N.=NORTH 
E. =EAST 
S. =SOUTH W. =WEST 
E1/2= EAST HALF 
SW1/4= SOUTHWEST QUARTER 
R/W= RIGHT OF WAY 
MCR = MARICOPA COUNTY RECORDERS 
APN = ASSESSOR PARCEL NUMBER 
~ 
,I 
-->1v 
~ 
0'n/ 
~ 
~~-✓-" 
G 
~+ 
~ 
✓0 
SCALE 
1"=600' 
SEE SHEET 2 DETAIL 
FOR RETAINED PARCEL 
SOUTH LINE 
K-9-FL 
SOUTH LINE 
LSECTION 2 
T3N, R1E 
SHEET 1 OF 2 
CRS 
CONSULTANT REGISTERED 
SURVEYING 
8732 E. PICCADILLY ROAD 
SCOTTSDALE, ARIZONA 
480-620-1382 
Page 7 of8 
400.03.12_K-009-FL_OG-RELE

EXHIBIT "A" continued 
Attached to Release of Easement Interest 
EXHIBIT MAP 
(EXTINGUISHMENT Skunk Creek Floodways) 
SCALE 
1"=200' 
NORTHWEST 
LINE 
K-9-FL 
**= WEST 
LINE LOT 15 
& K-9A-FL2 
(LOT LINE TIE) 
Noo·35•37" 
152.71' 
LOT 14 & 
LOT 15 
LINE 
SOUTH LINE LOT 15 & K-9A-FL2 
LINE TABLE 
L1= 
N77'55'34"E 
L2= N74'20'51"E 
L3= N63'02'25"E 
L4= N45'58'1 O"E 
L5= N39'38'01 "E 
203.69' 
175.05' 
84.33' 
58.99' 
351.17' 
L6= N34'22'41"E 
L7= soo·37•39"w 
L8= S43'04'08"W 
L9= S68'32'58"W 
L10= S78'03'00"W 
L11= N00'35'37"E 
Page 8 of8 
NORTH LINE 
K-9-FL 
479.37' 
201.34' 
728.12' 
245.00' 
258.58' 
41.22' 
NORTHEAST 
CORNER 
K-9-FL 
NORTHEAST 
CORNER 
LOT 15 
SOUTHEAST 
CORNER 
K-9-FL 
EAST LINE 
LOT 15 & 
K-9A-FL2 
SHEET 2 OF 2 
CRS 
CONSULTANT REGISTERED 
SURVEYING 
8732 E. PICCADILLY ROAD 
SCOTTSDALE, ARIZONA 
480-620-1382 
400.03.12_K-009-FL_OG-RELE