RESCIND 5024-R RESOLUTION.DOC

Maricopa County — Formal (2019-10-09)

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RESOLUTION
ALTERING ROAD DECLARED (ROAD FILE NO. 5024 and 5024-R) IN PART
C-64-___-___-___-___
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, ARIZONA, ALTERING
ROAD DECLARED (ROAD FILE NO. 5024 and 5024-R) IN PART BY DECLARING A PORTION OF
ROAD FILE 5024, as revised by ROAD FILE 5024-R, AS NO LONGER NEEDED AS A COUNTY
HIGHWAY.
WHEREAS, on November 17, 1999, the County Engineer and others filed a petition with the Board
of Supervisors of Maricopa County (Board) to establish, open and declare as a County highway, two
(2) roadways, together with all appurtenant rights, lying within Sections Twenty (20), Twenty-one
(21), Twenty-eight (28), Twenty-nine (29), Thirty-two (32), and Thirty-three (33) in Township One
(1) North, Range Two (2) East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona, said roadways being generally known as follows:
51ST AVENUE BRIDGE AT SALT RIVER from Southern Avenue to Elwood Street; and
SOUTHERN AVENUE from ½ mile west of 51st Avenue to ½ mile east of 51st Avenue.
WHEREAS, on the 15th day of December, 1999, the Board resolved in Road File No. 5024 (C-64-00-
085-B-00) to establish, open, and declare the aforementioned roadway segments as County
highways; and
WHEREAS, said Road File No. 5024 was recorded on January 6, 2000 as Document Number 2000-
0011975 in the records of the Maricopa County Recorder’s Office, Maricopa County, Arizona
(MCR); and
WHEREAS, on the 15th day of March, 2000, the County Engineer and others filed a subsequent
petition with the Board to establish, open, and declare the aforementioned two (2) roadway
segments with corrected legal descriptions for the Southern Avenue segment; and
WHEREAS, on the 19th day of April, 2000, the Board resolved in Road File No. 5024-R (C-64-00-
085-B-01) to establish, open, and declare the revised roadway segments as County highways; and
WHEREAS, said Road File No. 5024-R was recorded on May 2, 2000 as Document Number 2000-
0331874 in the records of the MCR; and
WHEREAS, the Director of Maricopa County Department of Transportation (MCDOT) has
determined that portions of the aforementioned two (2) County highways have been annexed by
the City of Phoenix and, as such, are no longer within the County highway maintenance system;
and

WHEREAS, private citizens are trying to develop their property adjacent to 51st Avenue and have
requested that the County alter its highway open and declare to remove the portions of Road File
Nos. 5024 and 5024-R that are no longer needed as County highways because the declaration has
created a cloud on the title to their property and the City of Phoenix will not issue their building
permit until the cloud is resolved; and
WHEREAS, given the City of Phoenix’s annexation, the Director of MCDOT recommends that Road
File Nos. 5024 and 5024-R be altered to remove those portions of the alignments described on
Exhibit “A”, attached hereto and made a part hereof, that are no longer in the County’s jurisdiction
nor within the County’s highway maintenance system; and
WHEREAS, pursuant to Arizona Revised Statutes (A.R.S.) §28-6701, the Board is authorized
to alter a highway in the County; and
BE IT THEREFORE RESOLVED by the Board that the portions of the County highways described
on Exhibit “A” are hereby removed from Road File Nos. 5024 and 5024-R and the Board’s
action to establish, open, and declare those roadway segments as County highways is hereby
rescinded.
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this
_______day of __________________, 2019.
ATTEST:
______________________________ ____________________________
Bill Gates Fran McCarroll
Chairman of the Board of Supervisors Clerk of the Board
Maricopa County
APPROVED AS TO FORM and within the powers and authority granted under the laws of
the State of Arizona and Maricopa County
___________________________________________
Deputy County Attorney