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RESOLUTION
ROAD FILE A706
C-64-xx-xxx-M-xx
RESOLUTION
Town of Gilbert Right of Way Assistance
(ROAD FILE NO. A706)
C-64-xx-xxx-x-xx
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 Town of Gilbert does not have authorization to condemn right of way in Maricopa County
jurisdiction; and
WHEREAS, the Town of Gilbert has not been able to negotiate acquisition of certain rights of way needed
for their road improvement project ST0990 that lies within Maricopa County jurisdiction and has petitioned the
County to acquire or condemn the necessary right of way for a portion of the project generally described as
Ocotillo Road from Val Vista Drive to Greenfield Road; and
WHEREAS, pursuant to §11-951 an Intergovernmental Agreement between Maricopa County and the
Town of Gilbert, approved by the Board of Supervisors and recorded on February 22, 2022 in instrument number
2022-0158273, the county has authorized Maricopa County to assist the Town of Gilbert by acquiring the right of
way that is within County jurisdiction; and
WHEREAS, pursuant to A.R.S. §§ 11-251, 28-6702 and 6701(A), the County is authorized to establish,
alter or abandon a highway in the County; and
WHEREAS, the day and hour set by the Board for a public hearing 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 pursuant to A.R.S. § 28-6702(A)(3); and
WHEREAS, no objections to the petition have been filed; and
WHEREAS, the Board believes that adopting the petition to establish Road File No. A706 is in the best
interests of Maricopa County; and
THEREFORE BE IT RESOLVED that Road File No. A706 is hereby established, and that the County
Engineer is hereby directed to make a plat or map of the general area to be condemned and cause the same to be
recorded in the Office of the County Recorder of Maricopa County as provided by law; and
BE IT FURTHER RESOLVED that the Director of the Maricopa County Real Estate Department and/or
County Engineer be directed and authorized, and 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 the Town of Gilbert said private property, subject to the ratification and
approval of this Board; and
BE IT FURTHER RESOLVED that the County Attorney be directed and authorized, and is hereby
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 as petitioned by Town of Gilbert.
RESOLUTION
ROAD FILE A706
C-64-xx-xxx-M-xx
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this _______day
of ________________________, _______________.
ATTEST:
__________________________________ _________________________________
Chairman of the Board of Supervisors Clerk of the Board
Maricopa County
Juanita Garza
APPROVED AS TO FORM and within the powers
and authority granted unto the County under the laws of the State of Arizona
_____________________________________________
Legal Counsel