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97. ABANDONMENT OF POWER ROAD NORTH OF STATE ROUTE 202L (SR202L) Authorize the Maricopa County Department of Transportation (MCDOT) Director/County Engineer to request abandonment of Power Road north of State Route 202L (SR202L) from the Arizona Department of Transportation (ADOT) to the County in accordance with Arizona Revised Statutes (A.R.S.) Section 28-7209. Also authorize the Maricopa County Department of Transportation (MCDOT) Director/County Engineer to cooperate with ADOT to waive the advance notification requirements and surface condition requirements of A.R.S Section 28-7209, and to take all appropriate actions to accomplish the abandonment and a subsequent annexation of Power Road by the Town of Gilbert. The Town of Gilbert is seeking to make improvements to Power Road between SR 202L and Nunnelley Road in the summer of 2013. To accomplish this project in a timely manner, the Town needs to acquire Power Road right-of-way that is currently under the control of ADOT. However, due to provisions in state law related to annexation (A.R.S. 9-471), ADOT may not abandon the right-of-way directly to the Town, but must first abandon the right-of-way to the County, and then the Town can subsequently annex the right-of-way from the County. The first step is to accomplish the ADOT abandonment of Power Road to the County in a timely manner. Normally, under A.R.S. Section 28-7209, ADOT must provide four years advance notice of abandonment to an affected jurisdiction and the pavement must be in such a condition that additional surface treatments and major maintenance are not required for at least five years. However, the same statute allows ADOT and the affected local jurisdiction to waive these requirements by mutual agreement. These waivers are needed to ensure the Town of Gilbert can acquire the right-of-way in time to complete their project on Power Road. Therefore, MCDOT is requesting Board of Supervisors to authorize the MCDOT Director/County Engineer to officially ask ADOT for and agree to waivers from these requirements for the abandonment of Power Road. The waivers would ultimately be agreed to by the State Transportation Board. The second step will be Gilbert’s annexation of Power Road between SR 202L, which will be administered through normal statutory process and facilitated under a separate agenda item for Power Road, State Route 202L (SR202L) to Nunnelley Road. The Town of Gilbert is the lead agency for the Power Road project and will be responsible for 100 percent of the cost of the project. The County will have no responsibility, financial or otherwise, for any aspect of this Power Road design and construction project. Supervisory Districts No. 1 and 2 (C-64-13-161-M-00)