AB-143R CORRECTION RESOLUTION.DOC
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RESOLUTION ROAD ABANDONMENT AB-143R (correction) C64-07-129-0-02 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. WHEREAS, a certain roadway easement located in the general vicinity of 43rd Avenue and Elliot Road, was acquired by Maricopa County according to Book 5 of Road Maps, Page 33 and recorded by the Maricopa County Recorder on August 8, 1945; and WHEREAS, on December 6, 2006 the Board approved the extinguishment of a portion of the easement in Road File No. AB-143 (C64-07-129-0-00), recorded in instrument 2006-1638774, Maricopa County Recorder; and WHEREAS, on March 30, 2007 the Board approved a revision to correct the legal description in Road File No. AB-143-R (C64-07-1298-0-01), recorded in instrument 2007-0380641, Maricopa County Recorder; and WHEREAS, Road File No. A-143R contained an erroneous exhibit; and WHEREAS, the correct legal description and exhibit is attached and identified as Exhibit "A"; and WHEREAS this resolution will amend and correct the previous actions taken on December 6, 2006 and March 30, 2007; and BE IT THEREFORE RESOLVED by the Board of Supervisors of Maricopa County, Arizona, that the roadway easement as described in Exhibit “A” is hereby extinguished; and BE IT FURTHER RESOLVED that this resolution does not abandon any patent easement that may encumber the property described in Book 5 of Road Maps, Page 33; and BE IT FURTHER RESOLVED that this resolution does not abandon or extinguish existing utility easements or the right to access, operate and maintain a facility that existed before this abandonment resolution, per A.R.S. § 28-7210. RESOLUTION ROAD FILE AB-143R (corrected) C64-07-129-0-02 Page 2 PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this _____day of __________________, __________. ATTEST: ___________________________________ ______________________________ Don Stapley, Chairman Fran McCarroll Maricopa County 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 and Maricopa County. _____________________________________ Deputy County Attorney