R-245-FL RELEASE OF EASEMENT INTEREST - FINAL 6-17-20.DOCX
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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
FCD Release of 1990-365462, MCR
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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.
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FCD Release of 1990-365462, MCR
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RECOMMENDED FOR APPROVAL:
APPROVED:
FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS OF
OF MARICOPA COUNTY
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
Michael A. Fulton, Director Date
Chairman of the Board
Date
ATTEST:
Michelle Colby, SR/WA
Date
Director, 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
, 202_
_________________________________
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
___
Flood Control District General Counsel
Date