2026-04-02_ - PC 2080 -A0759-RESOLUTION-CITY-ROW-ASSISTANCE.DOC
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RESOLUTION
ROAD FILE A0759
TR226 El Mirage Road from Loop 303 to Jomax Road
City of Peoria Right of Way Assistance
C-64-XX-XXX-M-00
WHEREAS, pursuant to A.R.S. § 9-401(A), a city or town may purchase, lease, or rent land, whether
contiguous or noncontiguous, lying outside its corporate limits, for its purposes and uses; and
WHEREAS, the City of Peoria may not be able to negotiate acquisition of certain rights of way, lying within
unincorporated Maricopa County, needed for its road improvement project number EN00537 El Mirage Road from
Loop 303 to Jomax Road, requiring that the right-of-way and permanent and temporary easements be acquired or
condemned by Maricopa County; and
WHEREAS, the City of Peoria may request that the County either acquire or condemn right-of-way and
permanent and temporary easements for portions of the City’s project lying within the limits of the project design
generally described as EN00537 El Mirage Road from Loop 303 to Jomax Road; and
WHEREAS, pursuant to an Intergovernmental Agreement between Maricopa County and the City of
Peoria, which will be approved by the Board of Supervisors in coordination with this Resolution, to acquire right-of-
way and permanent and temporary easements that are within unincorporated Maricopa County for City of Peoria
project EN00537 El Mirage Road from Loop 303 to Jomax Road; and
WHEREAS, A.R.S. § 28-6701(A) authorizes a county board of supervisors to establish, alter, or
abandon a highway in the county and other legal subdivisions and acquire real property for those purposes by
purchase, donation, dedication, condemnation, or other lawful means; and
WHEREAS, the Department of Transportation desires to declare Road File A0759, to allow for the
declaration and acquisition of all necessary right-of-way, as well as permanent and temporary easements as
required in the City of Peoria road improvement project number EN00537 El Mirage Road from Loop 303 to
Jomax Road; and
WHEREAS, the highway alignment is described as follows:
ROAD FILE A0759
A highway having a width consistent with the existing right-of-way and appurtenant rights,
together with additional right-of-way and permanent and temporary easements to provide for the
construction, operation, and maintenance of the highway as designed and constructed by the
City of Peoria for project EN00537 El Mirage Road from Loop 303 to Jomax Road. The
alignment of said highway is described as follows:
COMMENCING at the North quarter corner of Section 14, Township 4 North, Range 1 West of
the Gila and Salt River Meridian, Maricopa County, Arizona, from which the Center of said
Section 14, bears South 00°09'20” West, for a distance of 2638.46 feet;
THENCE South 00°09'20” West, for a distance of 1701.23 feet;
THENCE North 89°48'04" East, for a distance of 91.24 feet to the POINT OF BEGINNING;
THENCE North 00°09'24" East, for a distance of 1360.27 feet to the beginning of a curve;
THENCE, northerly along the arc of a curve concave to the West having a radius of 10000.00
feet and a central angle of 05°12'35", for an arc distance of 909.27 feet;
THENCE, North 05°03'13" West, for a distance of 487.56 feet to the beginning of a non-tangent
curve;
THENCE, from a radial line bearing South 84°55'58" West, northerly along the arc of a curve
concave to the West having a radius of 10045.14 feet and a central angle of 03°51'15", for an
arc distance of 675.70 feet to the beginning of a non-tangent line;
RESOLUTION
ROAD FILE A0759
C-64-XX-XXX-M-00
THENCE North 08°55'32" West, for a distance of 170.00 feet to the beginning of a curve;
THENCE, northeasterly along the arc of a curve concave to the southeast having a radius of
1900.00 feet and a central angle of 79°11'59", for an arc distance of 2626.36 feet;
THENCE North 70°16'27" East, for a distance of 150.27 feet to the beginning of a curve;
THENCE, northeasterly along the arc of a curve concave to the northwest having a radius of
2180.00 feet and a central angle of 70°33'08", for an arc distance of 2684.38 feet;
THENCE North 00°16'41" West, for a distance of 1982.26 feet;
THENCE North 00°11'56" West, for a distance of 1942.04 feet to the beginning of a curve;
THENCE, northerly along the arc of a curve concave to the West having a radius of 3700.00
feet and a central angle of 04°30'55", for an arc distance of 291.58 feet;
THENCE, North 04°42'51" West, for a distance of 171.91 feet to the beginning of a curve;
THENCE, northerly along the arc of a curve concave to the East having a radius of 3699.64 feet
and a central angle of 05°00'02", for an arc distance of 322.88 feet to the beginning of a line;
THENCE North 00°17'09" East, for a distance of 380.38 feet;
THENCE North 00°01'21" West, for a distance of 2176.72 feet to the POINT OF TERMINUS.
The highway is known as El Mirage Road from Loop 303 to Jomax Road, lying in Supervisorial
District 4.
The beginning, ending, general course and direction of the highway is depicted in the attached
Exhibit, pursuant to A.R.S. § 28-6701(B); and
WHEREAS, Maricopa County seeks to authorize the County Engineer, Real Estate Director, and
Maricopa County Attorney to take all steps necessary to obtain title to all property necessary to complete project
EN00537 El Mirage Road from Loop 303 to Jomax Road; and
WHEREAS, the Maricopa County Board of Supervisors has determined that the road alignment is
necessary to provide a public highway and is needed by the County and that right-of-way may be acquired.
NOW, THEREFORE, BE IT RESOLVED by the Maricopa County Board of Supervisors that its Chair
execute this Resolution evidencing the determination by the Board that the road alignment is necessary to provide
a public highway and is, therefore, needed by the County, and that acquisition of right-of-way by donation,
purchase, or condemnation hereby is authorized; and
BE IT FURTHER RESOLVED that the County Engineer and Real Estate Director be directed and
authorized, and hereby are so directed and authorized, to negotiate with the owner(s) of parcel(s) of real property
required for the right-of-way of such public highway with the view of obtaining for Maricopa County such real
property, subject to the ratification and approval of this Board; and
BE IT FURTHER RESOLVED that the Maricopa County Attorney be directed and authorized, and hereby
is so 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 that cannot be obtained by donation or purchase and negotiate,
together with the County Engineer and Real Estate Director, with the owner(s) of such property, subject to the
approval of this Board; and
BE IT FURTHER RESOLVED that the Maricopa County Attorney is not obligated to present any
settlement offers or counteroffers received from property owner(s) to this Board unless and until the County
Engineer, Real Estate Director, and Maricopa County Attorney determine it is appropriate to recommend to this
Board approval of such offers or counteroffers or upon receipt of an offer of judgment (Ariz. R. Civ. P. 68).
RESOLUTION
ROAD FILE A0759
C-64-XX-XXX-M-00
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this _______day of
________________________, 2026.
ATTEST:
___________________________________ ___________________________________
Chair, Board of Supervisors Clerk of the Board
APPROVED AS TO FORM and within the powers
and authority granted under the laws of the State of Arizona
____________________________________
Deputy County Attorney