BIO-GRO ABANDONMENT RESOLUTION V3 08-3-2020 FINAL.DOCX

Resolution AB-327
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RESOLUTION
DECLARING A PORTION OF DEDICATED ROADWAY AS NOT NECESSARY FOR PUBLIC USE AS A 
ROADWAY AND CONDITIONALLY ABANDONING SAID ROADWAY 
(ROAD ABANDONMENT AB-327)
C-64-__-___-__-__
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, ARIZONA, DECLARING A 
PORTION OF DEDICATED ROADWAY AS NOT NECESSARY FOR PUBLIC USE AS A ROADWAY AND 
CONDITIONALLY ABANDONING SAID ROADWAY.
WHEREAS, that certain portion of an unnamed 40 foot wide road, described and depicted on 
Exhibit “A” attached hereto and made a part hereof (Roadway), was dedicated for the use and benefit of 
the public on the plat of Unit-Two-Roosevelt Citrus Acres dated August 6, 1928, which was filed of record 
in the Maricopa County Recorder’s Office (MCR) at Book 19 of Maps, Page 31, being a subdivision of 
portions of Section 1, Township 1 South, Range 5 West, and Section 6, Township 1 South, Range 4 West, 
and Section 31 of Township 1 North, Range 4 West, Gila & Salt River Base & Meridian, Maricopa County, 
Arizona (Citrus Acres Plat); and
WHEREAS, by operation of law, fee title to said Roadway dedicated for the use and benefit of the 
public passed to the County in trust for the public; and
WHEREAS, said Roadway is located in the general vicinity of S. Johnson Road near its intersection 
with W. Caldwell Street, has not been accepted by Maricopa County (County), and has not been taken 
into the Maricopa County Department of Transportation’s (MCDOT) Highway System; and
WHEREAS, the properties known as the South half of Tracts 39, 40, 41, and 42 of Block 2 of the 
Citrus Acres Plat (North Parcel) are depicted as lying north of the Roadway, and the properties known as 
Tracts 60, 61, and 62 of Block 2 of the Citrus Acres Plat (South Parcel) are depicted as lying south of the 
Roadway (collectively the Property); and
WHEREAS, both the North Parcel, also known as Maricopa County Assessor’s Parcel (APN) 401-
19-034, and the South Parcel, also known as APN 401-19-049, are owned by the same entity and have 
been annexed into the City of Buckeye (City); and
WHEREAS, the owner of the Property intends to replat the two lots into one lot with the City, has 
dedicated an alternate access easement on the south end of the South Parcel (near the intersection of S. 
Johnson Road with W. Ardmore Road) to the public in the MCR at Serial Number 2020-_______________ 
(Access Easement), and has submitted a request to the County for the abandonment of the Roadway; and
WHEREAS, MCDOT has determined that the Roadway proposed for abandonment is not 
necessary for public use as a roadway and staff recommends that it would be in the best interest of the 
County that the proposed abandonment be approved; and
WHEREAS, Maricopa County is authorized to abandon the Roadway described and depicted on 
Exhibit “A”, pursuant to A.R.S. §§28-6701, 6709, and 7205.
BE IT THEREFORE RESOLVED by the Board of Supervisors of Maricopa County, Arizona, that the 
Roadway described and depicted in Exhibit "A" is not necessary for public use as a roadway.

Resolution AB-327
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BE IT FURTHER RESOLVED that the Roadway described and depicted in Exhibit “A” is hereby 
conditionally abandoned.
BE IT FURTHER RESOLVED that the conditions on which the abandonment relies is the granting 
of the following easements by the owners of the Property abutting the roadway and further action with 
the City:
1.
Utility Easement(s) to any public utility currently utilizing the land described in 
Exhibit A for utility purposes if there is not already an easement of record for said 
utility’s use of the Roadway; and
2.
An Access Easement to the public for vehicular and pedestrian access to real 
property located to the east and north of the Property.
3.
The land within the Roadway shall be included in a replat of the Property with the 
City and/or otherwise annexed into the City’s jurisdiction.
BE IT FURTHER RESOLVED that upon the conditions above being satisfied, fee simple title to the 
property descripted in Exhibit “A” shall be deeded to the owners of the abutting land via a Quitclaim 
Deed pursuant to A.R.S. § 28-7205.
BE IT FURTHER RESOLVED that the Chairman of the Board is hereby authorized to execute any 
and all documents necessary to effectuate this declaration and abandonment,
BE IT FURTHER RESOLVED that this resolution does not abandon any patent easement that may 
encumber the property described in Book 19 of Maps, Page 31.
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.
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this _______day of 
__________________, 2020.
ATTEST:
______________________________
____________________________
Clint Hickman
Fran McCarroll
Chairman of the Board of Supervisors
Clerk of the Board
Maricopa County
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
EXHIBIT A, PAGE 1 OF 2

Resolution AB-327
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ATTACHED TO RESOLUTION
LEGAL DESCRIPTION: AB-327
That portion of roadway as depicted on Unit Two Roosevelt Citrus Acres, Block 2 recorded in Book 19 of 
Maps, Page 31 being a portion of Section 6, Township 1 South, Range 4 West of the Gila and Salt River 
Base and Meridian records of Maricopa County, Arizona more particularly described as follows:
A roadway of a width of 40 feet, 20 feet on each side of the centerline described as follows:
Beginning at the West quarter corner of said Section 6;
Thence Easterly along the mid-section line of said Section 6 to the Northerly prolongation of the East line 
of Tract 62 Block 2 of said subdivision and the terminus of said line;
EXCEPT the West 33 feet thereof.

Resolution AB-327
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EXHIBIT A, PAGE 2 OF 2
ATTACHED TO RESOLUTION
DEPICTION: AB-327

Resolution AB-327
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