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RESOLUTION
ROAD DECLARED (ROAD FILE NO. A739)
C64-XX-XXX-M-00
WHEREAS, pursuant to A.R.S. § 28-6701(A), the County is authorized to establish, alter, or abandon
a highway in the County; and
WHEREAS, A portion of 99th Avenue was declared a public highway which is depicted, in part, in
Road File 4782 recorded in instrument No. 2001-0429310 on file with the Office of the Recorder Maricopa
County; and
WHEREAS, pursuant to A.R.S. § 28-6701(B), the County Engineer has recommended that the Board
resolve to declare said portion of 99th Avenue, Road File No. A739 a public highway; and
WHEREAS, Department of Transportation road improvements and the maintenance thereof may
require additional right-of-way as well as permanent and temporary easements on the 99th Avenue alignment
that are outside of the existing roadway; and
WHEREAS, the Department of Transportation desires to declare Road File No. A739, which shall
confirm and supersede these portions of all other County highway declarations affecting the highway
described herein, to allow acquisition of additional right-of-way as well as permanent and temporary
easements as required for existing and future road improvements along the 99th Avenue alignment; and
WHEREAS, the 99th Avenue alignment is described as follows:
A roadway having a width consistent with the existing right-of-way and appurtenant rights,
together with additional right-of-way and appurtenances necessary to provide for
construction, operation, and maintenance of the highway as designed and constructed by
the Maricopa County Department of Transportation; the centerline of the highway is
described to-wit:
BEGINNING at the Southeast corner of Section 29, Township 1 North, Range 1 East, and
running north for 0.75 miles along the line between Sections 29 and 28 of said Township
to the point of ENDING also the south line of City of Phoenix Annexation Ordinance G1587.
The highway is known as 99th Avenue from Southern Avenue to Broadway Road lying in
Supervisor District 5.
The beginning, ending, general course and direction of the highway is depicted in the
attached Exhibit, pursuant to A.R.S. § 28-6701(B); and
WHEREAS, the day and hour set by the Board for a public hearing on the County Engineer’s
recommendation has arrived, and notice of the hearing has been given to the public by advertising once a
week for two consecutive weeks in The Arizona Gazette pursuant to A.R.S. § 28-6702(A)(3); and
WHEREAS, no objections to declaration of such highway have been filed; and
WHEREAS, Maricopa County seeks to authorize the County Engineer, Real Estate Director, and
Maricopa County Attorney to take all steps necessary to obtain title and other land rights to all property
necessary to complete Improvements as required; and
WHEREAS, the Board finds that approving the County Engineer’s recommendation to declare
Road File No. A738 is in the best interests of Maricopa County; and
RESOLUTION
ROAD FILE NO. A739
C-64-XX-XXX-M-00
WHEREAS, the Board has determined that the road alignment as described in this Resolution is
necessary to provide a public highway and is needed by the County and that right-of-way may be acquired;
and
NOW, THEREFORE, BE IT RESOLVED that Road File No. A739 hereby is declared as more fully
set forth above and in the attached exhibits, and that the County Engineer hereby is directed to make a plat
or map of the highway and cause the same to be recorded in the Office of the Recorder of Maricopa County
as provided by law; and
BE IT FURTHER RESOLVED by the Board that its Chairman execute this Resolution evidencing
the determination by the Board that the road alignment as described in this Resolution is necessary to
provide a public highway and is, therefore, needed by the County, and that acquisition of rights-of-way and
easements by donation, purchase, or condemnation hereby is authorized; and
BE IT FURTHER RESOLVED that the Board accept any right-of-way, easements or property
donated to the County or State for the highway and its construction, operation, and maintenance; and
BE IT FURTHER RESOLVED that the County Engineer and Real Estate Director be directed and
authorized, and hereby are so directed and authorized, to negotiate with the owner(s) of parcel(s) of real
property required for the right-of-way of such public highway and also permanent and temporary easements
with the view of obtaining for Maricopa County such real property subject to the ratification and approval of
this Board; and
BE IT FURTHER RESOLVED that the Maricopa County Attorney be directed and authorized, and
hereby is 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 and also permanent and temporary easements that
cannot be obtained by donation or purchase and negotiate together with the County Engineer and Real Estate
Director, with the owner(s) of such property, subject to the approval of this Board; and
BE IT FURTHER RESOLVED that the Maricopa County Attorney is not obligated to present any
settlement offers or counteroffers received from property owner(s) to this Board unless and until the County
Engineer, Real Estate Director, and Maricopa County Attorney determine it is appropriate to recommend to
this Board approval of such offers or counteroffers or upon receipt of an offer of judgment (Ariz. R. Civ. P. 68).
RESOLUTION
ROAD FILE NO. A739
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