2026-10-01_ - PC 2592 -A0764-RESOLUTION (1).DOCX

RESOLUTION
ROAD FILE A0764
C-64-27- -X-00
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, 1st Street East of Merrill Rd needs to be declared by the Board of Supervisors to
authorize expenditure of public funds to maintain it; and
WHEREAS, pursuant to A.R.S. § 28-6701(B), the County Engineer has recommended that 1st Street
East of Merrill Rd be established and that the Board resolve to declare it into the county road system; the
legal description is described as follows:
A roadway having a width consistent with the existing right-of-way and appurtenant rights,
together with additional right-of-way and permanent and temporary easements necessary
to provide for construction, operation, and maintenance of the highway as designed and
constructed by the Maricopa County Department of Transportation; the highway is
described to-wit:
1ST Street East of Merrill Road as depicted in the subdivision Sundown Addition, recorded
in Book 76 Page 28 M.C.R.;
Together with a 50-foot-wide roadway easement as described in the Easement and
Agreement for Highway Purposes, recorded in Book 14936 Page 239 M.C.R.
The highway is known as 1st St East of Merrill Rd, lying in Supervisorial District 2.
The beginning, ending, general course and direction of the highway is depicted in the
attached Exhibit, pursuant to A.R.S. § 28-6701(B); 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 declaration of 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 and other land rights to all property
necessary to complete improvements as required; and
WHEREAS, the Board finds that approving the County Engineer’s recommendation to declare
Road File A0764 is in the best interests of Maricopa County; and
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 A0764 hereby is declared 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 Chair 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

RESOLUTION
ROAD FILE A0764
C-64-27- -X-00
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 A0764
C-64-27- -X-00
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this _______day of
________________________, 2026.
ATTEST:
___________________________________ ___________________________________
Chair, Board of Supervisors Clerk of the Board
APPROVED AS TO FORM and within the powers
and authority granted under the laws of the State of Arizona
____________________________________
Deputy County Attorney