HomeMy WebLinkAboutRES 90-26When recorded mail to:
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4(.„T OFFICIAL RECORDS OF
fzeINAL COUNTY RECORDER
Virginia Ross
DATE/TIME:12/05/2019 0921
FEE:$15.00
PAGES:5
FEE NUMBER:2019-103703
(The above space reserved for recording information)
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TITLE DOCUMENT
DO NOT DISCARD THIS PAGE.THIS COVER PAGE IS RECORDED AS PART OF
YOUR DOCUMENT.THE CERTIFICATE OF RECORDATION WITH THE FEE NUMBER
IN THE UPPER RIGHT CORNER IS THE PERMANENT REFERENCE NUMBER OF
THIS DOCUMENT IN THE PINAL COUNTY RECORDER'S OFFICE.
Form RE- 4 9
RESOLUTION NO. 19-26
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,DECLARING PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON SOLANA ROAD FROM
16" AVENUE TO 15TH AVENUE, ARE NO LONGER NECESSARY FOR
PUBLIC USE AS PUBLIC ROADWAY 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 extinguishment request is so
that the applicant can build a deck onto their house and into
the area of the easement; and
WHEREAS,such easements may be extinguished by local
municipal government pursuant to A.R.S. §§ 9-500.24 and 28-7214;
and
WHEREAS, on August 17, 2019 the applicant paid the required
non-refundable application and filing fee for the extinguishment
request pursuant to Apache Junction City Code .5 13-2-4 (H); and
WHEREAS,pursuant to Apache Junction City Code §13-2-4,
the director of public works on September 9,2019,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. 19-26
PAGE 1 OF 2
NOW,THEREFORE,B E I T RESOLVED B Y THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1)The mayor and city council o f the City o f Apache
Junction find that the public roadway easements,a s
described in Exhibit A and depicted in Exhibit B,are
classified a s local streets o n the Street
Classification Plan and are n o longer necessary for
public roadway purposes,have no or de minimis public
value,and are hereby extinguished for public roadway
purposes.
2 )Nothing i n this approval extinguishes any utility
easement interest o f any public utility agency o r
entity on the subject street right-of-way.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS j DAY OF ace,036.e.-/-,200.
SIGNED AND ATTESTED TO THIS ritDAY OF ,20/9.
ATTEST:
IFER 9BA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO.19-26
PAGE 2 OF 2
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-18-0630)
The East thirty-three feet (33') of the Southwest of the
Southeast quarter of the Southwest quarter of the Northeast
quarter of Section 27, 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
(40') THEREOF THEREOF;
PARCEL 2 (Adjacent to parcel 103-18-064A)
The West thirty-three feet (33') of the North half of the
Southeast quarter of the Southeast quarter of the Southwest
quarter of the Northeast quarter of Section 27, 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') THEREOF;
PARCEL 3 (Adjacent to parcel 103-18-064B)
The West thirty-three feet (33') of the South half of the
Southeast quarter of the Southeast quarter of the Southwest
quarter of the Northeast quarter of Section 27, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
EXCEPT the South forty feet (40') THEREOF;
RESOLUTION NO. 19-26
PAGE 3 OF 4
059
EXHIBIT "B"
062
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058
109 1
14TH AVENUE
057
15TH I AVENUE
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<cel
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33'
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TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
RESOLUTION NO.1 9 -2 6
PAGE 4 OF 4
40'
USA
103020
064A
064B
1180936 1
16TH
0
_
056A I i
056B
065A
r<1
(XI
065B
AVENUE
004C
004B
004A
_
18TH AVENUE
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LEGEND
EZZ
'
PROPOSED EXTINGUISHMENT
PREVIOUSLY EXTINGUISHED
DEDICATED RIGHT—OF—WAY (TO REMAIN)
- - -ROAD CENTERLINE
- — — -FEDERAL PATENT EASEMENT
PROPERTY LINE
119-086 PATENT DEED(S)
:17