2026-02-19_ - PC 1979 -AB-0392-RESOLUTION.DOC
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RESOLUTION
ROAD ABANDONMENT ROAD FILE NO. AB-0392
C-64-XX-XXX-M-00
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, ARIZONA,
DECLARING A ROADWAY EASEMENT TO BE UNNECESSARY FOR PUBLIC PURPOSES AND
EXTINGUISHING THAT EASEMENT.
RESOLUTION OF THE MARICOPA COUNTY BOARD OF SUPERVISORS EXTINGUISHING RIGHT OF
WAY HELD BY EASEMENT PURSUANT TO A.R.S. § 28-7214
WHEREAS, A.R.S. § 28-7214 authorizes a county board of supervisors to extinguish right of way,
provided the county does not hold such right of way by fee title; and
WHEREAS, Maricopa County holds right of way by easement pursuant to an Easement and
Agreement for Highway Purposes from Paul Kesmar and Alice Grace Kesmar, dated July 18, 1979 and
recorded in the Office of the Maricopa County Recorder in instrument 1979-0260001 and Jefferson Davis
Bennett and Yvette Marie Bennett dated July 18, 1979 and recorded in the Office of the Maricopa County
Recorder in instrument 1979-0260002 (“EASEMENT”); and
WHEREAS, the area to be abandoned is described to wit:
LEGAL DESCRIPTION
AB-0392
An easement as described in recorded instruments 1979-0260001 and 1979-0260002, Maricopa County
Records, lying within the Southeast Quarter of Section 28, Township 5 North, Range 4 East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona. Said easement being more particularly
described as follows:
The South 25 feet and the West 25 feet of the West one-half of the Southwest one-quarter of the
Northeast one-quarter of Southwest one-quarter of the Northwest one-quarter of Section 28.
General Vicinity: N. 56th St. and E. Dixileta Dr. Supervisorial District No. 2.
A map or plat of the roadway to be extinguished is attached; and
WHEREAS, the Director of the Maricopa County Department of Transportation has advised that
said right of way is not necessary to provide a public highway and is, therefore, no longer needed by the
County; and
WHEREAS, the Maricopa County Board of Supervisors has determined that the Easement is not
necessary to provide a public highway, is no longer needed by the County and may be extinguished.
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 Easement is not necessary to
provide a public highway and is, therefore, no longer needed by the County, and that the Easement
referenced herein is hereby extinguished pursuant to A.R.S. § 28-7214; and it is
FURTHER RESOLVED that the Clerk of the Board record this Resolution in the Office of the
Maricopa County Recorder to provide public notice of the extinguishment of this Easement pursuant to
A.R.S. § 28-7214.
RESOLUTION
ROAD FILE NO. AB-0392
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