AB-321 RESOLUTION V3 - FINAL.DOC

RESOLUTION
ROAD VACATION AB-321
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A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY,
ARIZONA, DECLARING CERTAIN ROADWAYS DEDICATED TO THE PUBLIC TO BE
UNNECESSARY AS PUBLIC ROADWAYS AND VACATING THOSE ROADWAYS.
WHEREAS, certain roadways located in the general vicinity of N. 243rd Avenue and W. Dixileta
Drive were conveyed to the public in the final plat of “Patton Place Estates, Unit 5”, a
subdivision recorded in Book 737 of Maps, Page 25, on March 24, 2005; and
WHEREAS, A.R.S. §28-7215(B), provides that “if a governing body determines that a public
roadway has no public use or no market value, the governing body may vacate the public
roadway without compensation to the governing body if the person taking the public roadway
agrees to assume the costs of maintaining the public roadway and the liability for the public
roadway”; and
WHEREAS, the Patton Place Estates Unit 5 Community Association, Inc., an Arizona non-profit
corporation (“Association”) has submitted a proposal requesting Maricopa County to vacate
certain roadways within the above-referenced subdivision; and
WHEREAS, the Association has been created for the purpose of developing, maintaining,
improving, using, repairing, and preserving Association property which, per the Declaration of
Covenants, Conditions, and Restrictions for Patton Place Estates Unit 5 Community Association,
Inc. (“Declaration”), upon vacation by Maricopa County, Association property will include those
certain roadways described below; and
WHEREAS, said Declaration specifies that the Association has agreed to assume maintenance
cost and liability for said roadways; and
WHEREAS, a legal description of the roadways to be vacated, identified as Exhibit "A", is
attached; and
WHEREAS, it has been determined by the Maricopa County Department of Transportation
(“MCDOT”) that the roadways proposed to be vacated are unnecessary as public roadways, and
MCDOT recommends that it would be in the best interest of Maricopa County that the proposed
vacation be approved; and
WHEREAS, by operation of A.R.S. §11-822, title to the fee of the roadways passed to the
County in trust for the public at the time the plat was recorded; and

RESOLUTION
ROAD FILE AB-321
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Page 2
WHEREAS, Maricopa County is authorized to vacate the roadways as described in Exhibit “A”,
pursuant to A.R.S. §§28-6709, 7202, 7214 and 7215(B).
BE IT THEREFORE RESOLVED by the Board of Supervisors of Maricopa County, Arizona,
that the roadways as described in Exhibit "A" are no longer necessary as public roadways.
BE IT FURTHER RESOLVED that the roadways as described in Exhibit “A” are hereby
vacated to the Association by this Resolution and Quit Claim Deed.
BE IT FURTHER RESOLVED that this resolution does not abandon or extinguish existing
utility easements or the right to access, operate and maintain a facility that existed before this
vacating resolution, per A.R.S. §28-7210.
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this
_____day of __________________, __________.
ATTEST:
______________________________ _________________________________
Chairman of the Board of Supervisors Fran McCarroll
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
and Maricopa County
_____________________________________________
Legal Counsel