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HomeMy WebLinkAboutRES 14-22ge-For tax Purposes: EXEMPT PER 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 OFFICIAL RECORDS OF PINAL COUNTY RECORDER VIRGINIA ROSS DATE/TIME: FEE: PAGES: FEE NUMBER 1111 05/28/2014 1103 $7.50 6 2014-030437 101111111ill 1111 RESOLUTION NO. 14-22 11111111 RESOLUTION NO. 14-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SHIPROCK STREET FROM TOMAHAWK ROAD TO VISTA ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -14-22, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements ("FPEs") as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R.S. §§ 9-500.24 and 28-7214; and WHEREAS, on March 6, 2014, 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 March 12, 2014, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, and the Public Safety Director; 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 easements in question,because of their location, topography, and encroachments, have no or de minimis public value. RESOLUTION NO. 14-22 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 roadway easements 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 roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way 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 AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS VA(DAY OF I/14/,2014. SIGNED AND ATTESTED TO THIS le 1 4 DAY OF N S. INS yor ATTEST: A 0" KATHLEEN CONNELLY -07-44 City Clerk APPROVED AS TO FORM: 4281+ RICHARD J. STERN City Attorney RESOLUTION NO. 14-22 PAGE 2 OF 4 irity 2014. " ) 2 EXHIBIT A PARCEL 1 (Adjacent to parcel 100-26-007 and 100-26-009) The South thirty-three feet (33') of the South half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West fifty feet (50') and the East thirty three feet (33') THEREOF; PARCEL 2 (Adjacent to parcel 100-26-017C, 100-26-017B, and 100- 26-017A) The North thirty-three feet (33') of the North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West fifty feet (50') and the East thirty three feet (33') THEREOF; RESOLUTION NO. 14-22 PAGE 3 OF 4 EXHIBIT "B" WARREN 0 1 lcc 1--"-50' 2 Is?, IV1ANzANITA 007 017C 3 ,— I I ' I II I _ 1 I STREET -1 008 la 0 I cc 009 017A —66-' 33' 1< I (f) 15 1 STREET —7 I LEGEND _ _ SHIPROCK _STREET 3'1////PROPOSED EXTINGUISHMENT 3ff TYPICAL PPE/ROW DIMENSION (UNLESS OTHERWISE NOTED) RESOLUTION NO.14-22 \\N PREVIOUSLY EXTINGUISHED - - -ROAD CENTERLINE • — —FEDERAL PATENT EASEMENT —PROPERTY LINE 119-086 PATENT DEED(S)