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HomeMy WebLinkAboutRES 25-09 OFFICIAL RECORDS OF PINAL COUNTY RECORDER Dana Lewis DATE/TIME: 08/07/2025 1053 For tax Purposes: FEE: $15.00 PAGES: 5 EXEMPT PER FEE NUMBER: 2025-063912 . A.R.S. § 11-1134.A.3 When recorded,mail to: City of Apache Junction Public Works Department 575 E. Baseline Ave Apache Junction, AZ 85119 EASEMENT EXTINGUISHMENT RESOLUTION 25-09 RESOLUTION NO. 25-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT STAGECOACH ROAD FROM JUNCTION STREET TO TAMARISK STREET (ALIGNMENT) , ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat. 609, as amended, 43 U.S.C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, the reason for the FPE extinguishment request is for future development and landscaping that would enhance both parcels to which the applicant owns both; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R.S. §§ 9-500 .24 and 28-7214; and WHEREAS, under A.R.S . § 9-500 .24 the city has notified and obtained consent of utility providers; and WHEREAS, on April 18, 2025 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on April 30, 2025, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the city engineer has determined that the easement (s) in question, because of their location, topography, and encroachments therein, have no or de minimis public value. RESOLUTION NO. 25-09 PAGE 1 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The mayor and city council of the City of Apache Junction find that the public roadway easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR ANg, CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS S DAY OF �(( 2 0 .25 . �4h 14kaus4 SIGNED AND ATTESTED TO THIS � DAY OF 20 •�3 WALTER "CHIMP" W LLSOCN7NOJ' Mayor ATTEST: ,-`-- V M_tX 0C' , el.I EVIE MCKINNEY IQ City Clerk APPROVED AS TO FORM: ,� or•31 .2 S RICHARD J. STERN City Attorney RESOLUTION NO. 25-09 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-02-062C) The East thirty-three feet (33' ) of the Southwest quarter of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33' ) and South forty feet (401 ) THEREOF; AND PARCEL 2 (Adjacent to parcel 103-02-063A) The West thirty-three feet (33' ) of the Southeast quarter of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (331 ) and South forty feet (401 ) THEREOF; RESOLUTION NO. 25-09 PAGE 3 OF 4 EXHIBIT "B" 904,-,2Q4 B - I I I I I I I I I I I I I I I II I I 9 RDDMVEL I I I I I I I I I I I I I I II I I TAMARISK I STREET I I I o062CCD i M063A I aI I t o F4D' IX 0 40' �I I 0) N cO I Q _ _ 1 F JUNCTION I= _ _STREET_ _ V I I F—I O U I I Z U W I pl �I I U O Z I UI IQI IQI � OI 1ST AVER _ _ 1 I— — — I— --66• LEGEND T1 N R8E S22 66' 33 3' ® PROPOSED EXTINGUISHMENT L - - - PREVIOUSLY EXTINGUISHED I f 33' 33' ® DEDICATED RIGHT-OF-WAY (TO REMAIN) L - - - - —-— ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE RESOLUTION NO. 25-09 119-0B6 PATENT DEED(S) cn PAGE 4 OF 4 z