2009R002B -RES -ACCESS EASEMENTS - AMENDED_MO(002).DOC
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Resolution FCD 2009R002B Page 1 of 2 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 Page 2 of 2 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