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RESOLUTION PATENT EASEMENT ABANDONMENT PAB-0086 C-64- A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, ARIZONA, DECLARING A PORTION OF A FEDERAL PATENT EASEMENT TO BE UNNECESSARY FOR PUBLIC PURPOSES AND ABANDONING THAT EASEMENT. WHEREAS, pursuant to the Small Tract Act of 1938, a 33 foot wide patent easement located in the general vicinity of 19th Avenue and Jomax Road was reserved for roadway and public utilities purposes in Patent Number 1174984; and WHEREAS, a proposal requesting the abandonment of a portion of a patent easement has been submitted to Maricopa County; and WHEREAS, pursuant to A.R.S §11-251.16(A), Maricopa County has notified all affected utilities; and WHEREAS, Maricopa County has not received objection to the proposal from any utility; and WHEREAS, pursuant to A.R.S §11-251.16(B), Maricopa County has given written notice to all property owners of the land abutting the easement or portion thereof to be abandoned; and WHEREAS, pursuant to A.R.S §11-251.16(B), Maricopa County has posted a copy of the notice at or in the immediate vicinity of the proposed abandonment; and WHEREAS, Maricopa County has not received objection to the proposal from a majority of landowners or from Arizona State Land, Bureau of Land Management, Municipality or Tribal Reservation who owns land abutting the proposed abandonment; and WHEREAS, it has been determined by Maricopa County that the portion of the patent easement proposed for abandonment is not being used by the public and is no longer necessary and recommends that it would be in the best interest of the public that the proposed abandonment be approved; and WHEREAS, a legal description of the portion of the patent easement to be abandoned, identified as Exhibit "A", is attached; and WHEREAS, Maricopa County is authorized to abandon patent easements as described in Exhibit “A”, pursuant to A.R.S. §11-251.16(A) RESOLUTION ROAD FILE PAB-XXXX C-64- Page 2 BE IT THEREFORE RESOLVED by the Board of Supervisors of Maricopa County, Arizona, that the portion of the patent easement as described in Exhibit "A" is not being used by the public and no longer necessary. BE IT FURTHER RESOLVED the portion of the patent easement as described in Exhibit “A” is hereby extinguished. BE IT FURTHER RESOLVED that this resolution does not abandon a roadway that was granted under revised statute 2477 (43 United States Code section 932) that was enacted by the United States Congress in 1986. BE IT FURTHER RESOLVED that pursuant to statute ARS §28-7210 existing easements are not abandoned as related to 1) sewer, gas, water or similar pipelines and appurtenances, 2) canals, laterals or ditches and appurtenances, and 3) electric, telephone and similar lines and appurtenances. 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