PAB-0024 RESOLUTION.DOC

Maricopa County — Formal (2016-03-23)

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RESOLUTION
PATENT EASEMENT ABANDONMENT PAB-0024
C-64-
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY,
ARIZONA, DECLARING A FEDERAL PATENT EASEMENT TO BE UNNECESSARY FOR
PUBLIC PURPOSES AND ABANDONING THAT EASEMENT.
WHEREAS, pursuant to the Small Tract Act of 1938, a 50 foot wide patent easement located in
the general vicinity of 22nd Street and Joy Ranch Road was reserved for roadway and public
utilities purposes in Patent Number 1200727: and
WHEREAS, a proposal requesting the abandonment 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 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 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-0024
C-64-
Page 2
BE IT THEREFORE RESOLVED by the Board of Supervisors of Maricopa County, Arizona,
that the patent easement as described in Exhibit "A" is not being used by the public and no
longer necessary.
BE IT FURTHER RESOLVED 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
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