A449-R_OD REOLUTION_REV.02-28-2023_AWS.PDF
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RESOLUTION
ROAD FILE A449-R
C64-XX-XXX-M-00
RESOLUTION
ROADS ALTERED (ROAD FILE NO. A449-R)
C64-XX-XXX-M-00
WHEREAS, Road File No. A079 was approved by the Board on July 25, 2001, and recorded in
instrument 2001-0709016, Recorder of Maricopa County, Arizona; and
WHEREAS, Road File No. A372 was approved by the Board on October 18, 2006, and recorded in
instrument 2006-1422224, Recorder of Maricopa County, Arizona; and
WHEREAS, Road File No. A449 was approved by the Board on April 13, 2011, and recorded in
instrument 2011-0408744, Recorder of Maricopa County, Arizona; and
WHEREAS, it has been determined that Road File Nos. A079, A372, and A449 as adopted and
recorded should be altered to update the legal description(s) and exhibit(s); 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(A), the County Engineer has filed with the Board of
Supervisors of Maricopa County, Arizona, a petition praying the Board to alter the declarations for roads as
recorded in Road File Nos. A079, A372, and A449; and
WHEREAS, Department of Transportation Road Improvement Project TT0609 requires rights-of-
way and easements on streets declared in Road Files A079, A372, and A449 that are outside of the limits of
the streets previously declared in “Tonto Hills,” a subdivision recorded in Book 93 of Maps, Page 5,
Recorder of Maricopa County, Arizona; and
WHEREAS, the Department of Transportation desires to alter Road File Nos. A079, A372, and
A449 to allow acquisition of additional right-of-way and easements as required for Project TT0609, and
WHEREAS, the legal description of Road File No. A449-R, altering Road File Nos. A079, A372,
and A449, is as follows:
All streets in “Tonto Hills”, a subdivision recorded in Book 93 of Maps, Page 5, Recorder of
Maricopa County, Arizona, lying in Sections 9,10, and 15, Township 6 North, Range 5 East,
TOGETHER with such rights-of-way, easements, and appurtenances as required for such
streets.
(Lying in Supervisor District 2 and in an unincorporated area.)
Exhibits for A449-R are attached.
WHEREAS, the day and hour set by the Board for a public hearing on the petition 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 Business 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
Project TT0609; and
WHEREAS, the Board believes that adopting the petition to alter Road File Nos. A079, A372, and
A449 with Road File A449-R, as prayed for in the petition, is in the bests interests of Maricopa County,
and
RESOLUTION
ROAD FILE A449-R
C64-XX-XXX-M-00
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 Nos. A079, A372, and A449 hereby are
altered with Road File No. A449-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;
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-way, easements, or property
donated to the State or County for the highway; 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 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 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).
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