B1. 350.01.12_H-2646-RE_OG-RELE.PDF

When recorded, return to:

Flood Control District of Maricopa County
2801 West Durango Street

Phoenix, AZ 85009 (CM)

EXEMPT ARS § 11-1134, A2
FCD 1999R016

RELEASE OF EASEMENT INTEREST

FCD Project: Cave Buttes Dam
FCD Parcel No.: H-2646-RE
APN: (South of) 212-15-874
FCD Permit No.: 2019P141
This Release of Easement Interest (“Release”) is made by the Flood Control District of Maricopa County

C District”), a political subdivision of the State of Arizona, and is effective as of the date of recordation

with the Maricopa County Recorder.

RECITALS

WHEREAS, the District reserved a twenty (20) foot wide Roadway Easement (“Easement”) for operation
and maintenance access over a portion of land in Section 10, Township 4 North, Range 3 East of the Gila
and Salt River Meridian via that certain Special Warranty Deed, which was re-recorded on August 28, 2018,
as Instrument Number 2018-0729562, in the Office of the Maricopa County Recorder, Maricopa County,
Arizona (“MCR”); and

WHEREAS, DR HORTON INC. had dedicated said Roadway Easement as public right-of-way for public
use and continuous District access via that certain Final Plat for Hillstone-South Parcel 1, a planned

residential development recorded on August 21, 2018 as Docket 1404, at Page 31; and

WHEREAS, the District has access to District Project Cave Buttes Dam through said dedication and
determined that said easement, which is described on Exhibit “A” attached hereto and made part hereof is

no longer necessary and desires to release the Easement; and

NOW, THEREFORE, District hereby releases and forever surrenders any and all interest it has or may
have in the Roadway Easement reserved in that certain Special Warranty Deed recorded as Instrument No.

2018-0729562 in the MCR and described in the attached Exhibit “A”.

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 of 5

GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

RECOMMENDED FOR APPROVAL:

DaouSigned by:

Pos Baughnen 5/7/2024

Paul Baughman, P.E., CEM Date
Chief Engineer & General Manager

REAL ESTATE DEPARTMENT APPROVAL:

‘DocuSigned by:

[AS a 5/7/2024

Alex Smith, Director Date
Maricopa County Real Estate Department

APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.

DocuSigned by:
Wayne Peck 5/7/2024
District General Counsel Date

Page 2 of 5
APN: S of 212-15-874

FCD Project: Cave Buttes Dam FCD Permit No.: 2019P141

ECD Parcel No.: H-2646-RE

APPROVED:

BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA
COUNTY

Chairman of the Board Date
ATTEST:
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)

Page 3 of 5
APN: S of 212-15-874

FCD Project: Cave Buttes Dam FCD Permit No. 2019P141

FCD Parcel No.: H-2646-RE

Exhibit “A”
Attached to Release of Easement Interest
Exhibit “A”
Project No. 350.01.12
Cave Buttes Dam
Item No. H-2646-RE
LEGAL DESCRIPTION FOR EXTINGUISHMENT OF ROADWAY EASEMENT

Extinguish the easement described aa CAVE BUTTES ROADWAY PARCEL in the Special Warranty Deed
recorded as instrument 2018-0729562 ‘on file with the Maricopa County Recorder's Office and located in the
Northwest Quarter and.the Southeast Quarter of Section 10, Township 4 North, Range 3 East of the Gita and
Sait River Base and Meridian, Maricopa County, Arizona, and being more particulary described as follows:

BEGINNING at the Center Quarter comer of said Section 10, from which the North Quarter.comer of said
Section 10, bears North 00°03'42* East, for a distance of 2638.76 feet;

THENCE South 89°57'24" West, fora distance of 225,38 feet along the. East-West mid-sectiin line of said
Section; , ;

THENCE North 45°18'41" West, for a distance of 1519.64 feet to-a point on the West line of the Northeast
quarter of the Norihwest.quarter of said Section;

THENCE along said WestJine North 00°03'4 1" West, for a distance of 1570.26 feet to a pointon the Nortivtine
of sald Section;

THENCE along said North line North 89°58'56" East, for a distance’ of 20.00 feet;.

THENCE departing said North line, South 00°02'11" East, for a distance of 1561.93 feet,

THENCE South’ 45°18'41" East, for a distance of 1503.07 feet;

THENCE North 89°57'24" East, fora distance of 237.19 feet;

THENCE South 00°03'42" West; for a distance of 236.06 feet;

THENCE South 47°05'46" East, fora distance of 532.03 feet,

THENCE South 67°16'58" West, for a distance of 21.96 feet;

THENCE North 47°05'46" West; fore distance of 531.69 feet to a point on the North-South mid-section line of
said Section;

THENCE along said North-South mid-section {ine North 0D°03'42" East; for a distance of 224.75 feet to the
POINT OF BEGINNING.

The above described parcel contains 81,422-square feet or 1.869 acres, more or leas, and Is depicted on
attached Exhibit "B*

FLOOD CONTROL DISTRICT. OF MARICOPA COUNTY
Prelim: 04/25/2024 KH | Chk: | Appr:
Rev:

Maricopa County Real Estate Department
Page 4 of §

APN: S of 212-15-874

FCD Project: Cave Buttes Dam FCD Permit No. 2019P141

FCD Parcel No.: H-2646-RE

Exhibit “B”
Attached to Release of Easement Interest
EXHIBIT "8 AD iN
(03 ‘Narth
Not to Stale
1 \ et
ie PIT, J MET SOSCE 1510 OF J SEITE 2632.66" >
Roadway Eom! 20' wide
for Opsratlon & Malntenance <4y
Sef
im Fy .
Gea 5 AS Stone Butte
Bib a & : Honieownars Association R3&
Bed ag Er 242-185-872 :
BA 9 Eile &
a 6 Ste s NO, | BEARING | LENGTH
we ele g Li | $89°57'24"W/ 225,38"
§ glig— — Marines eater w| [L2 [Neg*s6'56"E|__ 20.00
3 WY seumshin 3.46 th naméatot = OS L_| N89°57'24"E | _297.19"
| aansine 4 Morte, Range 3 ras a 4 [S00°03'42"W] 236.06"
| iS LS. [| s47°08'46"E | 832.03"
| Le | S67°46'bBwW 21,96
Roadway Esmt 20' wide L7" 1 N47*0S'46"W] 537.69!
{ for Operalton & Malntehance Le) | NOD°O342°E | 224.75"
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MARICOPA COUNTY FLOOD CONTROL DISTRICT - CAVE BUTTES DAM
Page 5 of 5
FCD Project: Cave Buttes Dam FCD is PN: ‘ N, elo ad
FCD Parcel No.: H-2646-RE erm NOt