Vote: approved

Item Text

56. IGA WITH THE CITY OF CHANDLER FOR ABANDONMENT AND ANNEXATION OF WILLIS ROAD AND MCQUEEN ROAD Approve the intergovernmental agreement (Agreement) between Maricopa County (the “County”) and the City of Chandler (the “City”) for abandonment and annexation of Willis Road and McQueen Road. This Agreement defines the responsibility of the County and the City with respect to the abandonment and annexation of Willis Road and McQueen Road, pursuant to Arizona Revised Statutes ( A.R.S.) Sections 28-304 and 28-7209. McQueen Road from State Route 202L (Santan Freeway) to Willis Road is located in southeastern Maricopa County and is partly under the jurisdiction of the County, the City and the State of Arizona. The City’s Council approved a gated community located east of the southeast corner of McQueen and Willis Roads. In conformance with the zoning approval, a median break is needed at this intersection. To accomplish this project in a timely manner, the City needs to acquire right- of-way that is currently under the control of Arizona Department of Transportation (ADOT). However, due to provisions in state law related to annexation, ADOT must first abandon the right-of-way to the County because the area lies within unincorporated Maricopa County. The City will subsequently annex this County right-of-way through the normal statutory process. Under Arizona Revised Statutes (A.R.S.) Section 28-7209, ADOT must provide a four-year 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. This waiver is needed to ensure the City of Chandler can acquire the right-of-way to complete their project. On April 9, 2014, the Board of Supervisors authorized the Maricopa County Department of Transportation (MCDOT) Director/County Engineer to officially request these types of abandonments from ADOT and to also agree to waive the specific statutory requirements for these abandonments. This waiver would ultimately be agreed to by the State Transportation Board. The County has no responsibility, financial or otherwise, for any aspect of this project. Supervisory District No. 1 (C-64-15-074-M-00)