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RESOLUTION ROAD FILE A274-R C-64-03-249-5-01 RESOLUTION ROAD DECLARED (ROAD FILE NO. A274-R) C-64-03-249-5-01 WHEREAS, on the 15th day of May, 2003, the County Engineer and others filed with the Board of Supervisors of Maricopa County, Arizona, a petition praying the Board to establish, open and declare as a county highway; and WHEREAS, on the 2nd day of July, 2003, the Board adopted a Resolution designated Road File No. A274 (C-64-03-249-5-00), declaring said road into the County Highway System; and WHEREAS, on the 29th day of July, 2003, the Clerk of the Board recorded the minutes of the Board action to adopt said Road File No. A274 (C-64-03-249-5-00) in Maricopa County Recorder Number 2003- 1009691. WHEREAS, the Department of Transportation has determined that it is in the best interest of the County to alter the width of the roadway as adopted on the 2nd day of July, 2003, in Road File No. A274 (C- 64-03-249-5-00); and WHEREAS, that, pursuant to A.R.S. §28-6701, said petition and Resolution is being revised to amend the legal description approved on the 8th day of August, 2003; NOW, THEREFORE, BE IT RESOLVED, that the legal description be amended to read as follows: A 50 foot roadway, together with all appurtenances and easements of record, lying within the Northeast quarter of Section 26, in Township 6 North, Range 2 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, said roadway is described as follows: The East 25 feet of the West half of the Northeast quarter and the West 25 feet of the East half of the Northeast quarter and the North 740 feet of the East 25 feet of Northwest quarter of the Southeast quarter and the North 740 feet of the West 25 feet of Northeast quarter of the Southeast quarter, all of said Section 26. (Said roadway also known as 29th Avenue from 740 feet south of Irvine Road to Desert Hills Drive and lying in Supervisor District 3 and in an unincorporated area.) WHEREAS, the day and hour set by the Board for a public hearing on said petition has arrived, and notice of said hearing has been given to the public by advertising once a week for two consecutive weeks in The Arizona Business Gazette; and WHEREAS, no objections to the establishment, opening and declaration of said highway have been filed; and WHEREAS, the Board believes that the granting of said petition and the establishment, opening and declaration of the highway as prayed for in said petition, are for the best interests of Maricopa County, and said highway is a public necessity; NOW, THEREFORE, BE IT RESOLVED that there is hereby established, opened and declared a county highway, more fully set forth hereinabove, and the County Engineer is hereby directed to make a plat of the survey of said highway and cause the same to be recorded in the Office of the County Recorder of Maricopa County as provided by law. RESOLUTION ROAD FILE A274-R C-64-03-249-5-01 BE IT FURTHER RESOLVED that the Board accept any right-of-way or property donated to the State or County for said highway. The Board hereby accepts all U. S. Patent easement reservations, right- of-way or properties along this alignment into the Department of Transportation’s Highway system. BE IT FURTHER RESOLVED that the County Engineer be directed and authorized, and he is hereby so directed and authorized, to negotiate with owners of parcels of private property required for the right-of-way of said public highway with the view of obtaining for Maricopa County said private property, subject to the ratification and approval of this Board. BE IT FURTHER RESOLVED that the County Attorney be directed and authorized, and he is hereby 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 which cannot be obtained by donation or purchase. 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