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Home My WebLink AboutRES 18-33For 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 • Arririni r•Illf BriC '4(''.• 7 1.%.•r1.1 ••..PINI."7 11•2___r___ •'3:1 PINAL COUNTY RECORDER vvrginia KOSS DATE/TIME:02/14/2019 1524 FEE:$7.00 PAGES:5 FEE NUMBER:2019-010400 EXTINGUISHMENT RESOLUTION 18-33 RESOLUTION NO.18-33 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON ACACIA ROAD FROM PIONEER STREET TO SMOKETREE STREET AND PIONEER STREET FROM CORTEZ ROAD TO ACACIA ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -18-33, 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, AZ (the "City"),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 September 27,2018,the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to City Code § 13-2-4 (H); and WHEREAS,pursuant to City Code § 13-2-4,the director of public works,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,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.18-33 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 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,DAY OFL/4 /2G1-7", 2019. SIGNED AND ATTESTED TO THIS/S.7A DAY OF \,..7;-.e2ZZd 2019. JEFFVERDY Mayor ATTEST: APPROVED AS TO FORM: Z O l q • 1 9 RICHARD J. STERN City Attorney RESOLUTION NO. 18-33 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 100-24-029) The South thirty-three feet (33') of the North half of the Southwest quarter of the Southwest quarter of the Northeast 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 forty feet (40') and the East thirty three feet (33') THEREOF; PARCEL 2 (Adjacent to parcel 100-24-030A) The North thirty-three feet (33') of the South half of the Southwest quarter of the Southwest quarter of the Northeast 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 forty feet (40') and the East thirty-three feet (33') THEREOF; PARCEL 3 (Adjacent to parcel 100-24-029) The East thirty-three feet (33') of the North half of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 15, 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 4 (Adjacent to parcel 100-24-028C) The West thirty-three feet (33') of the North half of the Southeast quarter of the Southwest quarter of the Northeast quarter of Section 15, 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; RESOLUTION NO. 18-33 PAGE 3 OF 4 EXHIBIT "B" _FOOT' ILL STREET ----_ _1 - - — I _ _ I\ \ 1 1 ii 111 1 I I I 1 1 1 glig‘ 1 .j 11l<a n K 1.< <I W0cCi1ICLI i I_ _I _ 7 /_-SIVTOKET13._SfRtEr_ _i i __-- f • J H . I.WI ce / /I I1-ce </l I111--- 0 1 029 /028C 028F 028E 028B 1(1) I I / / 40'/1160036 134-271 A0 w r mI-.. 031B 032A030A 111 1 030B I 031A 032B _TEPEE_sSIREffT—_— ____ __ - - -1 -LEGEND1-1 1--6631 7/ / /i Fr 13'1 PROPOSED EXTINGUISHMENTL____ I 33,t i 1 NNN PREVIOUSLY EXTINGUISHED 33' -.1 DEDICATED RIGHT-OF-WAY (TO REMAIN)L _ _ ___- - -ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - - -FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED)PROPERTY LINE 119-086 PATENT DEED(S) RESOLUTION NO.18-33 1(2.