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RESOLUTION
ROAD ABANDONMENT AB-0371
(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 a
Dedication from Sotero Diaz and Jesusita Diaz, dated March 4, 1960 and recorded in
the Office of the Maricopa County Recorder in instrument 1960-0116115
(“EASEMENT”); and
WHEREAS, the area to be abandoned is described to wit:
LEGAL DESCRIPTION
AB-0371
A portion of land as described in recorded instrument 1960-0116115, Maricopa County
Recorder (MCR), situate in Section 04, Township 1 North, Range 2 West of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona. Said portion of land being
more particularly described as follows:
The West 20 feet, together with a 20 foot by 20 foot triangle in Northwest corner of the
East 20 feet of the West 40 feet of the South Half (S ½) of the Southwest Quarter
(SW1/4) of the Northwest Quarter (NW ¼) of the Northeast (NE ¼) of Section Four (4),
Township 1 North, Range 2 West, of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona,
Except the South 30 feet;
Also, Except the North 25 feet.
General Vicinity: McDowell Road and Perryville Road. Supervisory District No. 5.
A map or plat of the roadway to be extinguished is attached; and
RESOLUTION
ROAD FILE AB-0371
C-64-XX-XXX-M-00
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
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-0371
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