HomeMy WebLinkAboutRES 14-26RESOLUTION NO. 14-26
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLICROADWAY EASEMENTS LOCATED ON 14T11 AVENUE FROM WAGON WHEEL
ROAD TO GOLDFIELD ROAD, AND DESCRIBED IN EXTINGUISHMENT
CASE EX -14-26, 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
1470 SOUTH GOLDFIELD 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 December 16, 2013, 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 December 16, 2013, 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 has agreed to dedicate by warranty deed needed public
right-of-way fronting 1470 South Goldfield Road as depicted and
described in Exhibit C; and
RESOLUTION NO. 14-26
PAGE 1 OF 8
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. The City Engineer is authorized to accept the Warranty
Deeds dedicating as public right-of-way the land identified
in Exhibit C.
3. Nothing in this approval extinguishes any utility easement
interest of any public utility agency or entity on the
subject street right-of-way.
4. As a condition of processing the extinguishments of the
FPEs under this resolution, the Applicant will sign the
warranty deed dedicating the pertinent public right-of-way.
Once the warranty deed has been received, the City shall
reocord the warranty deed and this resolution.
RESOLUTION NO. 14-26
PAGE 2 OF 8
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS ,231./p DAYOF 519.71,-iwt5.0n 2014.
SIGNED AND ATTESTED TO THIS DAYDAY OF L.:5197104404.!..., 2014.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
927i
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-26
PAGE 3 OF 8
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-18-052B)
The South thirty-three feet (33') of the Southeast 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 West thirty three feet (33') and East fifty feet
(50') THEREOF;
PARCEL 2 (Adjacent to parcel 103-18-053A)
The North thirty-three feet (33') of the Northeast of the
Southeast 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 West thirty three feet (33') and the East thirty •
three feet (33')THEREOF;
PARCEL 3 (Adjacent to parcel 103-18-053A)
The East thirty three fleet (33') of the North half of the
Northeast of the Southeast 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. 14-26
PAGE 4 OF 8
L
EXHIBIT "B"
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_J L H J
14Th —AVENUE
_I I L
7 I T-
051B / 051A
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0
I I-
13TH
054B
T-
66': [ /6_6je j
- -
3 'j
33'
3'
TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
RESOLUTION NO.14-26
I Ce
—
u,
054A
I z
_ 1
10
0
5
15TH
LEGEND
7
AVENUE
052A
50'
053A
053F
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AVENUE--
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"A 116.
119-086
PROPOSED EXTINGUISHMENT
DEDICATED RIGHT-OF-WAY
PROPOSED RIGHT-OF-WAY
ROAD CENTERLINE
FEDERAL PATENT EASEMENT
PROPERTY LINE
PATENT DEED(S)
EXHIBIT "C"
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, 1/we
William Collins and Penny Collins ("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:
William Collins
Dated the day of ,2014 By:
Penny Collins
STATE OF
) ss.
COUNTY OF
Subscribed and sworn to before me this
My Commission Expires:
day of , 2014, by
Notary Public
EXHIBIT A
RIGHT-OF-WAY DEDICATION (A portion of APN 103-18-053A)
The East 50.00 feet of the North half of the Northeast quarter of
the Southeast 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.
eke-
(7ec-s 3
NOT TO SCALE
051A
1 4th
JOB NO.14-0504
EXHIBIT B
AVE
052B
053A
053A
053F
052B
AKE
053E
_LI
053G
GO
L
D
F
I
E
L
D
ASSESSOR'S PARCEL NUMBER
ROAD CENTERLINE
RIGHT-OF-WAY DEDICATION