2026-02-05_ - PC 1950 -A467-R-RESOLUTION.DOCX
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RESOLUTION
ROAD ALTERED (ROAD FILE NO. A467-R)
C-64-XX-XXX-M-00
WHEREAS, pursuant to A.R.S. § 28-6701(A), the County is authorized to establish, alter, or abandon
a highway in the County; and
WHEREAS, Road File No. A467 was approved by the Board on September 26, 2012 and recorded
in instrument 20120903013, Maricopa County Records, Arizona; and
WHEREAS, The Department of Transportation Road Improvement Project TT0511 requires rights of
way, and easements on streets declared in Road File No. A467-R that are outside of the limits of the streets
previously declared in Road File No. A467 for the Department of Transportation Road Improvements Project
TT0345; and
WHEREAS, pursuant to A.R.S. § 28-6701(B), the County Engineer has recommended that the Board
resolve to declare said portion of MC 85, Road File No. A467-R a public highway; and
WHEREAS, Department of Transportation road improvements and the maintenance thereof may
require additional right-of-way as well as permanent and temporary easements on the MC 85 alignment that
are outside of the existing roadway; and
WHEREAS, the Department of Transportation desires to declare Road File No. A467-R, which shall
confirm and supersede those portions of Road File No. A467, to allow for the declaration and acquisition of
all necessary right-of-way, as well as permanent and temporary easements as required for existing and future
road improvements along the Project TT0511; and
WHEREAS, the Department of Transportation is desirous to alter Road File No’s A467 to allow acquisition of
additional right of way and easements as required for Project TT0511, and
WHEREAS, the MC 85 alignment is described as follows:
A roadway alignment of varying width, together with all appurtenant rights, being consistent
with the right of way as shown on the right of way plans for TT0511 MC 85 107th Avenue
at 95th Avenue on file with the Maricopa County Department of Transportation and lying
within Sections 7, 8, 9, 16, 17, and 18 of Township 1 North, Range 1 East of the Gila and
Salt River Meridian, Maricopa County, Arizona.
General Vicinity: MC 85 from 107th Avenue to 95th Avenue, lying in Supervisor District 5.
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, the day and hour set by the Board for a public hearing on the County Engineer’s
recommendation has arrived, and notice of the hearing has been given to the public by advertising once a
week for two consecutive weeks in The Arizona Gazette pursuant to A.R.S. § 28-6702(A)(3); and
WHEREAS, no objections to declaration of such highway have been filed; 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 and other land rights to all property
necessary to complete Improvements as required; and
WHEREAS, the Board finds that approving the County Engineer’s recommendation to declare
Road File No. A467-R is in the best interests of Maricopa County; and
RESOLUTION
ROAD FILE NO. A467-R
C-64-XX-XXX-M-00
WHEREAS, the Board has determined that the road alignment as described in this Resolution is
necessary to provide a public highway and is needed by the County and that right-of-way may be acquired;
and
NOW, THEREFORE, BE IT RESOLVED that Road File No. A467-R hereby is declared as more fully
set forth above and in the attached exhibits, and that the County Engineer hereby is directed to make a plat
or map of the highway and cause the same to be recorded in the Office of the Recorder of Maricopa County
as provided by law; and
BE IT FURTHER RESOLVED by the Board that its Chair execute this Resolution evidencing the
determination by the Board that the road alignment as described in this Resolution is necessary to provide
a public highway and is, therefore, needed by the County, and that acquisition of rights-of-way and
easements by donation, purchase, or condemnation hereby is authorized; and
BE IT FURTHER RESOLVED that the Board accept any right-of-way, easements or property
donated to the County or State for the highway and its construction, operation, and maintenance; 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 and also permanent and temporary easements
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 and also permanent and temporary easements 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 NO. A467-R
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