2009R002B -RES -ACCESS EASEMENTS - AMENDED_MO(002).DOC

Maricopa County — Formal (2021-09-01)

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Resolution FCD 2009R002B
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When Recorded Return to:
Contracts Branch
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
RESOLUTION FCD 2009R002B
AMENDMENT TO
RESOLUTIONS FCD 2009R002 AND FCD 2009R002A
ACQUISITION OF LAND RIGHTS FOR IMPROVED ACCESS TO EXISTING 
STRUCTURES AND PROJECT AREA PROPERTIES FOR THE FLOOD CONTROL 
DISTRICT OF MARICOPA COUNTY
Agenda Item: C-69-09-052-6-02
WHEREAS, Arizona Revised Statues Title 48, Chapter 21 authorizes the Flood Control 
District of Maricopa County (District) acting through its Board of Directors (Board) to construct, 
operate and maintain flood control works and storm drainage facilities within or without the 
District for the benefit of the District; and,
WHEREAS, Arizona Revised Statues Title 48, Chapter 21 authorizes the District acting 
through its Board to acquire by eminent domain, purchase, donation, dedication, exchange or 
other lawful means rights-of-way for flood control works and storm drainage facilities within or 
without the District for the benefit of the District; and,
WHEREAS, the District operates and maintains flood control structures built by the 
District and built by others within and without Maricopa County that protect the residents of 
Maricopa County from flooding; and,
WHEREAS, adequate access to these structures is required to respond to emergencies, 
conduct repairs, perform inspections and conduct maintenance activities; and,
WHEREAS, District staff has identified the need to secure additional land rights to 
certain District structures in order to improve the access for emergency response and for normal 
operations and maintenance activities; and,
WHEREAS, the Board authorized the acquisition of additional land rights, under 
Resolutions FCD 2009R002 dated March 18, 2009 (C-69-09-052-6-00) and FCD 2009R002A 
dated February 10, 2010 (C-69-09-052-6-01), using Capital Improvement Program funding, to 
provide improved operations and maintenance access to specific District structures that are named 
in the previous resolutions; and,
WHEREAS, District staff have identified additional structures and properties operated 
and maintained by the District requiring additional operations and maintenance access 
acquisitions and improvements, including the ACDC and Cave Creek Arm, Apache Jct. FRS and 
Floodway, Buckeye FRS #1 #2 #3, Bulldog Floodway, Dreamy Draw Dam, Dysart Rd. Drain,

Resolution FCD 2009R002B
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Harquahala Dam FRS, East Valley Drains, Hermosa Vista-Hawes Rd., Loop 303 Outfall 
Drainage System, IBW Outlet Channel, New River Channelization, Old Cross Cut Canal, 
Perryville Bank Stabilization, Reems Rd Channel, Rittenhouse Rd Drain and Basin, Salt River 
Channel, Scatter Wash, Sonoqui Wash, Signal Butte Floodway, Skunk Creek, Sossaman Rd 
Drain, Vineyard FRS, and Tres Rios Levee and wishes now to add these structures to the list of 
structures and properties previously identified in Resolutions FCD 2009R002 and FCD 
2009R002A, and,
WHEREAS, the acquisition of additional rights-of-way for operations and maintenance 
access will require the expenditure of District Operating Budget funding in addition to District 
Capital Improvement Program funds.
NOW, THEREFORE, BE IT RESOLVED that the Board hereby amends Resolutions 
FCD 2009R002 and FCD 2009R002A, for the purpose of amending the list of structures for 
which the acquisition of operations and maintenance access rights is authorized, adding to the 
previous lists of structures all structures and properties that are operated and maintained by the 
District; and,
BE IT FURTHER RESOLVED that the Board authorizes and directs the Director of 
the District to expend both operating funds and capital improvement program funds for the 
acquisition of land rights and for the construction of road improvements to improve access to 
District structures, subject to the ratification and approval of this Board.
Dated this ______ day of ___________, 2021
__________________________________
Chairman, Board of Directors
ATTEST:
__________________________________
Clerk of the Board