HomeMy WebLinkAboutRES 14-25RESOLUTION NO. 14-25
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED IN THE EAST HALF OF THE NORTHEAST
QUARTER OF SECTION 27, AND DESCRIBED IN EXTINGUISHMENT CASE
EX -14-25, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT
AND FUTURE PUBLIC RIGHT-OF-WAY; AND AUTHORIZING ACCEPTANCE
OF DEDICATION OF PUBLIC RIGHT-OF-WAY FRONTING 1132 AND 1238
SOUTH GOLDFIELD ROAD, AND AT THE REAR OF 1111 SOUTH WAGON
WHEEL ROAD.
WHEREAS, the City of Apache Junction, upon incorporation
became the holder of federally patented easements ("FPE"s) 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 February 4, 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 Superstition Fire and
Medical 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, in exchange for the easement extinguishment, the
Applicant and participating property owners have agreed to
dedicate by warranty deed needed public right-of-way fronting
1132 and 1238 South Goldfield Road and at the rear of 1111 South
Wagon Wheel Road as depicted and described in Exhibit C; and
RESOLUTION NO. 14-25
PAGE 1 OF 18
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 value of
the land being dedicated exceeds the value of the easements in
question.
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.
3. The City Engineer is authorized to accept the Warranty
Deeds dedicating as public right-of-way the land identified
in Exhibit C.
4. As a condition of processing the extinguishments of the
FPEs under this resolution, the Applicant and participating
parcel owners shall sign the warranty deeds dedicating the
pertinent public right-of-way.Once the warranty deeds
have been received, the City shall reocord the warranty
deeds and this resolution.
RESOLUTION NO. 14-25
PAGE 2 OF 18
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS c:24,.."DAY OF ;e0-77w6g16 2014.
SIGNED AND ATTESTED TO THIS c2,7 DAY OF ;1 10-71.70140(,2014.
ayor
ATTEST:
THLEEN CONNELLY
City Clerk
APPROVED AS TO FORM::
8 2114
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-25
PAGE 3 OF 18
S. INSALACO
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-18-020)
The South thirty-three feet (33') of the Northeast quarter of
the Southwest quarter of the Northeast 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 West thirty three feet (33') THEREOF;
PARCEL 2 (Adjacent to parcel 103-18-019A)
The South thirty-three feet (33') of the Northwest quarter of
the Southeast quarter of the Northeast 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 East thirty three feet (33') THEREOF;
PARCEL 3 (Adjacent t o parcel 103-18-018C)
The South thirty-three feet (33') of the Northeast quarter of
the Southeast quarter of the Northeast 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 West thirty three feet (33') and the East fifty feet
(50') THEREOF;
PARCEL 4 (Adjacent t o parcel 103-18-030A and 103-18-030B)
The North thirty-three feet (33') of the Southeast quarter of
the Southwest quarter of the Northeast 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 West thirty three feet (33') THEREOF;
PARCEL 5 (Adjacent t o parcel 103-18-031B and 103-18-031A)
The North thirty-three feet (33') of the Southwest quarter of
the Southeast quarter of the Northeast 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;
RESOLUTION NO. 14-25
PAGE 4 OF 18
PARCEL 6 (Adjacent to parcel 103-18-032A)
The North thirty-three feet (33') of the Southeast quarter of
the Southeast quarter of the Northeast 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 East thirty three feet (33') THEREOF;
PARCEL 7 (Adjacent to parcel 103-18-030B)
The East thirty-three feet (33') of the Southeast quarter of the
Southwest quarter o f the Northeast 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 t h i r t y three feet (33') and the South thirty
three feet (33')THEREOF;
PARCEL 8 (Adjacent to parcel 103-18-031B)
The West thirty-three feet (33') of the Southwest quarter of the
Southeast quarter o f the Northeast 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 t h i r t y three feet (33') and the South thirty
three feet (33')THEREOF;
PARCEL 9 (Adjacent t o parcel 103-18-031A)
The East thirty-three feet (33') of the Southwest quarter of the
Southeast quarter of the Northeast 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 t h i r t y three feet (33') and the South thirty
three feet (33')THEREOF;
PARCEL 10 (Adjacent t o parcel 103-18-032A and 103-18-032B)
The West thirty-three feet (33') of the Southeast quarter of the
Southeast quarter of the Northeast 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 t h i r t y three feet (33') and the South thirty
three feet (33')THEREOF;
RESOLUTION NO. 14-25
PAGE 5 OF 18
PARCEL 11 (Adjacent to parcel 103-18-032A and 103-18-032B)
The East thirty-three feet (33') of the Southeast quarter of the
Southeast quarter of the Northeast 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;
PARCEL 12 (Adjacent to parcel 103-18-031B and 103-18-031A)
The South thirty-three feet (33') of the Southwest of the
Southeast quarter of the Northeast 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 West thirty three feet (33') THEREOF;
PARCEL 13 (Adjacent to parcel 103-18-032B)
The South thirty-three feet (33') of the Southeast of the
Southeast quarter of the Northeast 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 East thirty three feet (33') THEREOF;
PARCEL 14 (Adjacent to parcel 103-18-035 and 103-18-034)
The North thirty-three feet (33') of the Northwest of the
Northeast quarter of the Southeast 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 West thirty three feet (33') THEREOF;
PARCEL 15 (Adjacent to parcel 103-18-033)
The North thirty-three feet (33') of the Northeast of the
Northeast quarter of the Southeast 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 East thirty three feet (33') THEREOF;
PARCEL 16 (Adjacent to parcel 103-18-034)
The East thirty-three feet (33') of the Northwest quarter of the
Northeast quarter of the Southeast 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 t h i r t y three feet (33') and the South thirty
three feet (33')THEREOF;
RESOLUTION NO. 14-25
PAGE 6 OF 18
PARCEL 17 (Adjacent to parcel 103-18-033)
The West thirty-three feet (33') of the Northeast quarter of the
Northeast quarter of the Southeast 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 the South thirty
three feet (33')THEREOF;
PARCEL 18 (Adjacent to parcel 103-18-033)
The East thirty-three feet (33') aof the Northeast quarter of
the Northeast quarter of the Southeast 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.
RESOLUTION NO. 14-25
PAGE 7 OF 18
020
EXHIBIT "B"
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030A 030B
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050B
019A
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031B
1,177
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AVENUE 'y / /„
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036
035
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050A
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33'
3'
TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
RESOLUTION NO.14-25
031B
2
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031A
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034
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031A
LEGEND
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50'
032A
33'
50'
032B
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50' -1
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66666:56ZSZ
119-086
PROPOSED EXTINGUISHMENT
DEDICATED RIGHT-OF-WAY
PROPOSED RIGHT-OF-WAY
ROAD CENTERLINE
FEDERAL PATENT EASEMENT
PROPERTY LINE
PATENT DEED(S)
EXHIBIT C
Warranty Deeds
RESOLUTION NO.14-25
PAGE 9 OF 18
EXHIBIT "C"
For tax Purposes:
EXEMPT PER
A.R.S. § 11-1 134.A.3
When recorded, mail to:
City of Apache Junction
Public Works/Engineering
575 East Baseline Ave.
Apache Junction, AZ 85119
WARRANTY DEEP
For and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, I/we
Kim Tunstall and Victoria L. Tunstall ("Grantor")
Do hereby convey to THE CITY OF APACHE JUNCTION, a Municipal Corporation of the State of
Arizona, the real property situated in Pinal County, Arizona, described below and depicted in Exhibit
"A" attached hereto and incorporated by reference herein:
See Exhibit A attached hereto and made a part hereof.
Subject to current taxes, assessments, reservation in patents and all easements, rights -of -way,
encumbrances, liens, covenants, conditions, restrictions, obligations, liabilities and all other matters
affecting title as may appear of record.
The undersigned hereby warrants the title against all persons whomsoever, subject to the matters
above set forth.
Dated the ..30 day of OWL/, 2014 B
Dated thec3,day of
STATE OF f'ounci )
) ss.
COUNTY OF ynal )
,2014.By:
NOTARY PUBUC
STATE OF ARIZONA
Plnal County
JILLIAN MILLER
My Cornmisalon Explrea January 09, 201k
Wieuioria L. Tunstall
Subscribed and sworn to before m e this .561 /1 day of j\.)., 2014, by
\h\in \ilcAlArA Aw\Nico,\
My Commission Expires: 0\ 1,C1 I) 01
JAWn LV
Notary Public
EXHIBIT A
RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-032A)
The East 33.00 feet of the North half of the Southeast quarter of
the Southeast quarter of the Northeast 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.
(C S 3-1
NOT TO SCALE
019A
031A
EXHIBIT B
F
\12th
JOB NO.14-0504
018C
032A
032B
AVE
032A
033
33'
33)1
ce
GO
L
D
F
I
E
L
D
ASSESSOR'S PARCEL NUMBER
ROAD CENTERLINE
RIGHT-OF-WAY DEDICATION
For tax Purposes:
EXEMPT PER
A.R.S. § 11-1134.A.3
When recorded, mail to:
City of Apache Junction
Public Works/Engineering
575 East Baseline Ave.
Apache Junction, AZ 85119
WARRANTY DEER
For and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, Uwe
Kim Tunstall and Victoria L. Tunstall ("Grantor")
Do hereby convey to THE CITY OF APACHE JUNCTION, a Municipal Corporation of the State of
Arizona, the real property situated in Pinal County, Arizona, described below and depicted in Exhibit
"A" attached hereto and incorporated by reference herein:
See Exhibit A attached hereto and made a part hereof.
Subject to current taxes, assessments, reservation in patents and all easements, rights -of -way,
encumbrances, liens, covenants, conditions, restrictions, obligations, liabilities and all other matters
affecting title as may appear of record.
The undersigned hereby warrants the title against all persons whomsoever, subject to the matters
above set forth.
Dated the 3 a day of n)1.._1 , 2014
Kim Tunstall
Dated theL50 day of
STATE OF Ny/Aniq
COUNTY OF PraSt
) ss.
).
g
Victoria L. Tunstall
NOTARY PUBLIC
STATE OF ARIZONA
PIM County
JILLIAN MILLER
My Commission Expires January 09,2018
Subscribed and sworn to before me this (..)11-)day of Ju.13
-(v\hMfia
My Commission Expires: (:)\9k)
2014, by
Notary Public
EXHIBIT A
RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-032B)
The East 50.00 feet of the South half of the Southeast quarter of
the Southeast quarter of the Northeast 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.
-T
NOT TO SCALE
031A
12th
034
EXHIBIT B
JOB NO.14-0504
032A
032B
AVE
033
032B
co
A07
0tx
GO
L
D
F
I
E
L
D
ASSESSOR'S PARCEL NUMBER
ROAD CENTERLINE
RIGHT—OF—WAY DEDICATION
For tax Purposes:
EXEMPT PER
A.R.S. § 11-1134.A.3
When recorded, mail to:
City of Apache Junction
Public Works/Engineering
575 East Baseline Ave.
Apache Junction, AZ 85119
WARRANTY DEED
For and in consideration of the sum of Ten and no/100 dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, I/we
Flying L LLC ("Grantor")
Do hereby convey to THE CITY OF APACHE JUNCTION, a Municipal Corporation of the State of
Arizona, the real property situated in Pinal County, Arizona, described below and depicted in Exhibit
"A" attached hereto and incorporated by reference herein:
See Exhibit A attached hereto and made a part hereof.
Subject to current taxes, assessments, reservation in patents and all easements, rights -of -way,
encumbrances, liens, covenants, conditions, restrictions, obligations, liabilities and all other matters
affecting title as may appear of record.
The undersigned hereby warrants the title against all persons whomsoever, subject to the matters
above set forth.
Dated the day of , 2014 By:
STATE OF
COUNTY OF
) ss.
Subscribed and sworn to before me this day of , 2014, by
My Commission Expires:
Notary Public
EXHIBIT A
RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-033)
The East 50.00 feet of the Northeast quarter of the Northeast
quarter of the Southeast 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.
051A
NOT TO SCALE
\031A
EXHIBIT B
032B
12th AVE
034
"rA
/RES
JOB NO.14-0504
033
033
052A
PIO/
V)
V)
ro
t'A
cr
t J
0
ASSESSOR'S PARCEL NUMBER
ROAD CENTERLINE
RIGHT-OF-WAY DEDICATION