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43. SETTLEMENT AGREEMENT AND ROAD ABANDONMENT (ROAD FILE NO. AB-265) Approve settlement of Everson v. Maricopa County CV2011-011916 (Maricopa County Superior Court) as previously presented in executive session on October 29, 2012. As part of the settlement, Maricopa County is required to abandon a portion of Ceton Drive in the vicinity of Ceton Drive and 27th Avenue, which was conveyed to Maricopa County by means of a Dedication of Right-of-Way according to Hanger Haciendas Unit Two, recorded by the Maricopa County Recorder as Book of 381 Maps, Page 16 on August 5, 1994. Pursuant to A.R.S. §28-6709 and 28-7202, Set a hearing for March 27, 2013 for Road File No. AB-265 to abandon a portion of Ceton Drive in the vicinity of Ceton Drive and 27th Avenue, which was conveyed to Maricopa County by means of a Dedication of Right-of-Way according to Hanger Haciendas Unit Two, recorded by the Maricopa County Recorder as Book of 381 Maps, Page 16 on August 5, 1994. Supervisory District No. 5. Eversons filed a complaint against Maricopa County on or about July 18, 2011 for denial of access, inverse eminent domain and declaratory relief. CV2011-011916 (Maricopa County Superior Court) By agreement, the County has not answered the Complaint and has reserved all defenses. The parties have agreed to settlement contingent in part on the County’s abandonment of a portion of Ceton Drive in the vicinity of Ceton Drive and 27th Avenue, which was conveyed to the County by means of a Dedication of Right-of-Way according to Hanger Haciendas Unit Two, recorded by the Maricopa County Recorder as Book of 381 Maps, Page 16 on August 5, 1994. Settlement terms previously were presented in executive session on October 29, 2012. (C-64-13-114-M-00)