C. RELEASE AND EXTINGUISHMENT.PDF
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When Recorded, Interoffice Mail To:
Maricopa County Real Estate Department
2801 W. Durango St.
Phoenix, AZ 85009 (SS)
Exempt per A.R.S. § 11-1134,A2
Resolution FCD 1999R016
RELEASE AND EXTINGUISHMENT OF EASEMENT
Project: Upper East Fork Cave Creek
Proj ect No. : 460.01.12
FCD Permit No: 2019P185
FCD Parcel No(s): EF-29 (aka EF-029)
Assessor's Parcel No.: Ptn of Assessor
Parcel Nos. 213-18-006K and 213-18-006Q
This Release and Extinguishment of Easement ("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, the District acquired a thirty (30) foot wide roadway easement right
("Easement") over a portion of land in Section 26, Township 4 North, Range 3 East, Gila
and Salt River Base and Meridian in conjunction with the purchase of District Parcel EF-
27 for the Upper East Fork Cave Creek Project ("Project") via that certain Warranty Deed,
which was recorded on April 24, 1990 as Document No. 90-179449, and rerecorded on
August 1, 1991 as Document No. 91-357913, in the office of the Maricopa County
Recorder in Maricopa County, Arizona ("MCR"); and
WHEREAS, said Easement, which is described and depicted on Exhibit "A" attached
hereto and made a part hereof, was originally created in that certain Special Warranty Deed
recorded on June 28, 1971 as Docket 8786, at Page 645, MCR, and subsequently
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transferred by that certain Quit Claim Deed recorded on December 9, 1980 as Docket
14882, at Page 836; and
WHEREAS, a portion of said Easement lies within District Parcel EF-29, which was also
acquired by the District for the Project via that certain Final Order of Condemnation
recorded in the MCR on April 8, 1993 as Document No. 93-0211842; and
WHEREAS, the District has constructed alternate access to District Parcel EF-27, has
determined that the Easement is no longer needed, and desires to release and extinguish
the Easement; and
WHEREAS, the District also acquired a temporary construction easement known as
District Parcel EF-29-TCE for the Project in said Section 26 via that certain Final Order of
Condemnation which was recorded in the MCR on April 8, 1993 as Document No. 93-
0211842, and
WHEREAS, the Project construction is complete so the District also desires to release and
extinguish said temporary easement in the public record as well.
NOW, THEREFORE, the District hereby releases, extinguishes and disclaims any and
all interest in and rights to the Easement described and depicted on Exhibit "A", and
District Parcel EF-29-TCE, acquired in the following documents recorded in the MCR:
A. Document Number 90-179449
B. Document Number 91-357913
C. Document Number 93-0211842
FURTHERMORE, the District hereby also acknowledges and states that a portion of the
easement interest originally created by Docket 8786, Page 645 and Docket 14882, Page
836, MCR, is an easement estate in favor of the property conveyed to the District and is
situated on the District's property; therefore, said easement interest is of no further force
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and effect on the District property described and depicted on Exhibit "B" attached hereto
and made a part hereof.
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.
The remainder of this page intentionally left blank
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UPPER EAST FORK CAVE CREEK
213-18-006Q, 006K
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the East half of the Northwest quarter of Section 26, Township 4
North, Range 3 East, Gila and Salt River Base and Meridian, Maricopa County,
Arizona, more particularly described as follows:
All of that certain 30' Roadway Easement described in Parcel 2, Docket 14882,
Page 836 and referenced in Docket 8786, Page 645.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 10/14/2019 jb
Chk: Appr:
Rev: 12/04/2019 jb
Maricopa County - Real Estate Department
GRANTOR
DATE
EXHIBIT "A"
Page 1 of 1
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SEC. 26, T4N, R3E
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SEC. 26, T4N, R3E
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EXHI BIT TO ACCOMPANY LEGAL DESCRIPTION
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Flood Control District of Maricopa County
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UPPER EAST FORK CAVE CREEK
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MARICOPA COUNTY REAL ESTATE DEPARTMENT
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Dimensions from M.C.R. 1991-0357913, Parcel 2 *
Dimensions from A.L.T.A. Survey Proj.# 1-01-03324-01 CVL Cons.Surveyor # 33851**
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Agent:
I Tech:
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Revised:
UPPER EAST FORK CAVE CREEK
Project No. 460.01.12
EF-27 CWD; 213-18-006K
EXHIBIT "B"
LEGAL DESCRIPTION FOR EXTINGUISHMENT OF ROAD EASEMENT
A portion of the East half of the Northwest quarter of Section 26, Township 4
North, Range 3 East, Gila and Salt River Base and Meridian, Maricopa County,
Arizona, more particularly described as follows:
The West 13.51 feet of that certain 30' Roadway Easement described in Parcel 2,
MCR 1991-0357913.
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Prelim: 02/04/2020 jb
Chk: Appr:
Rev:
Maricopa County - Real Estate Department
GRANTOR
DATE
EXHIBIT "B"
Page 1 of 1
7-- NW Cor. E2 NW4
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SEC. 26, T4N, R3E
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EXHIBIT TO ACCOMPANY LEGAL DES CRIPTI ON
Flood Control District of Maricopa County
UPPER EAST FORK CAVE CREEK EF-27 CWD
MARICOPA COUNTY REAL ESTATE DEPARTM ENT
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SW Cor. E2 NW4 SEC. 26, T4N, R3UETOPIA ROAD CEN. SEC. 26, T4N, CE1
M.C.R. 1991 -0357913, Parcel 2 *
A.L.T.A. Survey Proj.# 1 -01 -03324-01 CVL Cons.Surveyor # 33851 ** FCD PROJ. No. 460.01.12
I Agent:
I Tech:
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Revised:
RECOMMENDED FOR APPROVAL: APPROVED:
FLOOD CONTROL DISTRICT
BOARD OF DIRECTORS OF
OF MARICOPA COUNTY
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
M I
e ael A. Fulton, Director Date
Chairman of the Board
Date
ATTEST:
Michelle Colby, S
A
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
, 201
Notary Public (signature)
APPROVED AS TO Fl lYTand within the powers and authority granted under the laws
of the State of Arizo
aricopa County
Flood Coneol District General Counsel
.242 0,9 1.0
Date
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