HomeMy WebLinkAboutRES 15-29RESOLUTION NO. 15-29
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,DECLARING PORTIONS OF
FEDERALLY PATENTED EASEMENTS LOCATED AT JUNCTION
STREET FROM EXPLORER ROAD TO OUTPOST ROAD,2ND AVENUE
FROM IDAHO ROAD TO OUTPOST ROAD,3" AVENUE ALIGNMENT
FROM OLD WEST HIGHWAY TO EXPLORER ROAD, EXPLORER ROAD
FROM OLD WEST HIGHWAY TO JUNCTION STREET, AND OUTPOST
ROAD FROM OLD WEST HIGHWAY TO JUNCTION STREET, 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
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,recently,there has been private development
interest for the northeast corner of Idaho Road and Old West
Highway; and
WHEREAS,to experience the full benefit of private
development in this area,it is necessary to extinguish these
roadway easements and merge it into the adjacent parcels to
allow a larger parcel to be marketed for development; and
WHEREAS,such easements may be extinguished by local
municipal government pursuant to A.R.S. §§ 9-500.24 and 28-7214;
and
WHEREAS, the Mayor and the City Council finds it to be in
the best interest of the City of Apache Junction to extinguish
Junction Street from Explorer Road to Outpost Road,2nd Avenue
from Idaho Road to Outpost Road,3 rd Avenue Alignment from Old
West Highway to Explorer Road,Explorer Road from Old West
Highway to Junction Street,and Outpost Road from Old West
Highway to Junction Street as a public roadway easement; and
RESOLUTION NO. 15-29
PAGE 1 OF 5
WHEREAS,pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on July 15,2015,submitted for
comment a copy of the proposed extinguishment to the Development
Services Director,the Public Safety Director,the Apache
Junction Fire District,as well as all public utility providers;
and
WHEREAS, based on the responses,the Public Works Director
recommended extinguishment of the noted easements; and
WHEREAS, the extinguishments, if approved, will 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.
NOW,THEREFORE,B E 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 i n 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 COUN IL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS j7177 DAY OF ,0046eie 2015.
SIGNED AND ATTESTED TO THIS i i DAY OF /141/9V/ba.2015.
RESOLUTION NO. 15-29
PAGE 2 OF 5
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
. 4 i 11 -12 -IS
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-29
PAGE 3 OF 5
EXHIBIT A
PARCEL 1 (Adjacent to parcel 101-21-0610)
A thirty-three foot (33') strip along the boundary of the West
half of the Northeast quarter of the Northwest quarter of the
Southwest quarter of Section 21, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal County,
Arizona;
PARCEL 2 (Adjacent to parcel 101-21-062B & 101-21-062A)
A thirty-three foot (33') strip along the boundary of the North
half of the Southwest quarter of the Northwest quarter of the
Southwest quarter of Section 21, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal County,
Arizona;
EXCEPT any portion lying Southerly of the Northerly right-of-way
line of Old West Highway (formerly U.S. Highway 60-70-80 & 89);
PARCEL 3 (Adjacent to parcel 101-21-068B)
The North and East thirty-three feet (33') of the South half of
the Southwest quarter of the Northwest quarter of the Southwest
quarter of Section 21,Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT any portion lying Southerly of the Northerly right-of-way
line of Old West Highway (formerly U.S. Highway 60-70-80 & 89);
PARCEL 4 (Adjacent to parcel 101-21-0640)
A thirty-three foot (33') strip along the boundary of the West
half of the Southeast quarter of the Northwest quarter of the
Southwest quarter of Section 21, Township 1 North, Range 8 East
of the Gila and Salt River Base and Meridian, Pinal County,
Arizona;
EXCEPT any portion lying within the right-of-way of Old West
Highway (formerly U.S.Highway 60-70-80 & 89);
RESOLUTION NO. 15-29
PAGE 4 OF 5
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RESOLUTION NO.15-29
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PROPOSED EXTINGUISHMENT
DEDICATED RIGHT—OF—WAY (TO VACATE)
DEDICATED RIGHT—OF—WAY (TO REIvINN)
—ROAD CENTERLINE
— — -FEDERAL PATENT EASEMENT
PROPERTY LINE
119-086 PATENT DEED(S)