AB-0370 ESMT RESOLUTION-1 RECD 722024.DOC
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RESOLUTION
ROAD ABANDONMENT AB-0370
(Easement Extinguishment)
C-64-XX-XXX-X-XX
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY,
ARIZONA, DECLARING A PORTION OF A ROADWAY EASEMENT TO BE
UNNECESSARY FOR PUBLIC PURPOSES AND EXTINGUISHING THAT PORTION.
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 for Highway Purposes from James, Price Hussey, Executor of the Estate of
Clyde Hussey, dated March 19, 1971 and recorded in the Office of the Maricopa County
Recorder in instrument 1971-0052498 (“EASEMENT”); and
WHEREAS, the area to be abandoned is described to wit:
LEGAL DESCRIPTION
AB-0370
A portion of the easement as described in recorded instrument 1971-0052498,
Maricopa County Recorder (MCR), in Section 24, Township 2 North, Range 1 West of
the Gila and Salt River Base and Meridian, Maricopa County, Arizona. Said portion
being more particularly described as follows:
The North 5 feet of the South 90 feet of the East 500.60 feet of the Southwest Quarter
of the Southwest Quarter of said Section 24.
General Vicinity: El Mirage Road and Indian School Road. Supervisory District No. 4.
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
RESOLUTION
ROAD FILE AB-0370
C-64-XX-XXX-M-00
WHEREAS, the Maricopa County Board of Supervisors has determined that a
portion of 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 Chairman execute this Resolution evidencing the determination by
the Board that the portion of Easement is not necessary to provide a public highway and
is, therefore, no longer needed by the County, and that the portion of 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 portion of Easement pursuant to A.R.S. § 28-7214.
RESOLUTION
ROAD FILE AB-0370
C-64-XX-XXX-M-00
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this
_____day of __________________, __________.
ATTEST:
____________________________ ___________________________
Chairman of the Board of Supervisors Juanita Garza
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
____________________________
Legal Counsel