RD FILE 1026-R RESOLUTION_CORRECTED.DOCX

RESOLUTION
ROAD ALTERED (ROAD FILE NO. 1026-R)
C64-XX-XXX-M-00
WHEREAS, on June 15, 1956, the Arizona Department of Transportation abandoned a portion of Old 
U.S. 80 known as the Yuma-Phoenix Highway to Maricopa County by resolution recorded in docket 1974, 
page 111; and
WHEREAS, Road File No. 1026 was approved by the Board on October 11, 1956, and recorded 
in docket, 2013, page 118, accepting the abandonment of a 35-mile portion of Old U.S. 80; and
WHEREAS, pursuant to A.R.S. § 28-6701(A), the County is authorized to establish, alter, or abandon 
a highway in the County; and
WHEREAS, pursuant to A.R.S. § 28-6701(B), the County Engineer has recommended that the Board 
of Supervisors of Maricopa County, Arizona alter the declaration for a road as recorded in Road File No. 1026, 
and
WHEREAS, Department of Transportation road improvements and the maintenance thereof may 
require additional right-of-way as well as permanent and temporary easements on the Old U.S. 80 alignment 
that are outside of the existing roadway; and
WHEREAS, the Department of Transportation desires to alter Road File No.1026 to allow acquisition 
of additional right-of-way as well as permanent and temporary easements as required for existing and future 
road improvements along the Old U.S. 80 alignment; and
WHEREAS, the legal description of Road File 1026-R, altering Road File No.1026, is as follows:
A roadway having a width consistent with the existing right-of-way and appurtenant rights 
as well as any additional right-of-way necessary to provide for construction, operation, and 
maintenance of the roadway as designed and constructed by the Maricopa County 
Department of Transportation; the centerline of the road is described to-wit:   
Commencing at a point 85 feet westerly and 650 feet northerly of the East quarter corner 
of Section 31, Township 5 South, Range 4 West; thence in a Northerly direction along the 
centerline of Old U.S.80 to a point 300 feet Westerly and 500 feet Northerly of the 
Southeast corner of Section 11, Township 1 South, Range 4 West.
The roadway is known as Old U.S. 80 from State Route 85 on the south to State Route 85 
on the north lying in Supervisor Districts 4 and 5 and in an unincorporated area.
A map depicting the beginning, ending, and alignment of the road is attached; and
WHEREAS, the day and hour set by the Board for a public hearing on the County Engineer’s 
recommendation has arrived, and notice of the hearing has been given to the public by advertising once a 
week for two consecutive weeks in The Arizona Gazette pursuant to A.R.S. § 28-6702(A)(3); and
WHEREAS, no objections to altering such highway have been filed; and
WHEREAS, Maricopa County seeks to authorize the County Engineer, Real Estate Director, and 
Maricopa County Attorney to take all steps necessary to obtain title to all property necessary to complete 
Improvements as required; and
WHEREAS, the Board finds that approving the County Engineer’s recommendation to alter Road File No. 
1026 with Road File No. 1026-R is in the best interests of Maricopa County, and

RESOLUTION
ROAD FILE NO. 1026-R
C-64-XX-XXX-X-XX
WHEREAS, the Board has determined that the road alignment as described in this Resolution is 
necessary to provide a public highway and is needed by the County and that right-of-way may be acquired; 
and
NOW, THEREFORE, BE IT RESOLVED that Road File No. 1026 hereby is altered by Road File No. 1026-R to 
update the legal description(s) and exhibit(s), as more fully set forth above and in the attached exhibits, 
and that the County Engineer hereby is directed to make a plat or map of the highway and cause the same 
to be recorded in the Office of the Recorder of Maricopa County as provided by law; and
BE IT FURTHER RESOLVED by the Board that its Chairman execute this Resolution evidencing the 
determination by the Board that the road alignment as described in this Resolution is necessary to 
provide a public highway and is, therefore, needed by the County, and that acquisition of rights-of-way 
and easements by donation, purchase, or condemnation hereby is authorized; and
BE IT FURTHER RESOLVED that the Board accept any right-of-way, easements or property 
donated to the County or State for the highway and its construction, operation, and maintenance; and
BE IT FURTHER RESOLVED that the County Engineer and Real Estate Director be directed and 
authorized, and hereby are so directed and authorized, to negotiate with the owner(s) of parcel(s) of real 
property required for the right-of-way of such public highway and also permanent and temporary 
easements with the view of obtaining for Maricopa County such real property subject to the ratification 
and approval of this Board; and
BE IT FURTHER RESOLVED that the Maricopa County Attorney be directed and authorized, and hereby is 
so directed and authorized, to initiate and prosecute actions and proceedings in the manner required by 
law to condemn all property required for right-of-way and also permanent and temporary easements that 
cannot be obtained by donation or purchase and negotiate together with the County Engineer and Real 
Estate Director, with the owner(s) of such property, subject to the approval of this Board; and
BE IT FURTHER RESOLVED that the Maricopa County Attorney is not obligated to present any settlement 
offers or counteroffers received from property owner(s) to this Board unless and until the County 
Engineer, Real Estate Director, and Maricopa County Attorney determine it is appropriate to recommend 
to this Board approval of such offers or counteroffers or upon receipt of an offer of judgment (Ariz. R. Civ. 
P. 68).

RESOLUTION
ROAD FILE NO. 1026-R
C-64-XX-XXX-X-XX
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this _______day of 
________________________, _______________.
                                                                                                     ATTEST:
___________________________________                               ___________________________________
Chairman of the Board of Supervisors                                         Juanita Garza
Maricopa County
    
                      Clerk of the Board
APPROVED AS TO FORM and within the 
Powers and authority granted under the laws 
of the State of Arizona
____________________________________
Legal Counsel