HomeMy WebLinkAboutRES 19-15 RESOLUTION O. 1 -15
RESOLUTION OF THE R AND CITY COUNCIL OF THE CITY OF
A ACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON FOREST STREET (ALIGNMENT) FROM
TOMAHAWK ROAD TO VISTA ROAD, AND DESCRIBED I
EXTINGUISHMENT CASE E -19-15, 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
("FP Es") 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. H 9-500 .2 and 2 -724; and
WHEREAS, on March 27, 2019, the "Applicant", paid the
required non-refundable application and filing fee for the
extinguishment request pursuant to City Code § 1 -2-4 (H) ; and
WHEREAS, pursuant to City Code § 1 -2- , 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 O. 1 -15
PAGE OF 4
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF PACHE 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 OF 2019.
SIGNED AND ATTESTED TO THIS /kLfo� DAY OF 2019.
YE—F—FS4Y4--
Mayor
ATTEST:
."
H HLEENIN LE N NNELLY
sty1
ty Cler
APPROVED AS TO FORM:
ii—CHAR`D-J-- —TERN�---
City Attorney
RESOLUTION NO. 19-15
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 ( djacent to parcel 100-25-019)
The South thirty-three feet (331 ) of the South half of the
Northwest quarter of the Southwest quarter of the Northwest
quarter of Section 15, Township 1 North, Range 0 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the West fifty feet (50' ) and the portion of State Route
S (APCE TRAIL) , and that portion east of the State Route SS
right of way THEREOF;
PARCEL 2 ( djacent to parcel 100-25- 19)
The North thirty-three feet (331 ) of the North half of the
Southwest quarter of the Southwest quarter of the Northwest
quarter of Section 15, Township 1 North, Range S East of the
Gila and Salt River Base and Meridian, Final County, Arizona;
EXCEPT the West fifty feet (5 ' ) and the portion of State Route
SS (APACH TRAIL) , and that portion east of the State Route 88
right of way THEREOF;
PARCEL 3 (Adjacent to parcel 100®25®02H)
The South thirty-three feet (33' ) of the South half of the
Northwest quarter of the Southwest quarter of the Northwest
quarter of Section 15, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the portion of State Route 88 ( P CH IL) and the East
thirty-three feet ( 3' ) , and that portion east of the State
Route 88 right of way THEREOF;
PARCEL 4 (Adjacent to parcel 10-2 -020H)
The North thirty-three feet (331 ) of the North half of the
Southwest quarter of the Southwest quarter of the Northwest
quarter of Section 1 , Township North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the portion of State Route OS (APACHE TRAIL) and the East
thirty-three feet (33' ) , and that portion east of the State
Route 88 right of way THEREOF;
RESOLUTION O. 19-15
PAGE 3 OF
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LEGEND
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® 66' 3' PROPOSED EXTINGUISHMENT
PREVIOUSLY EXTINGUISHED
' DEDICATED RIGHT—OF—WAY (TO REMAIN)
® ® - - --- ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION — — FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED) PROPERTY LINE
119-086 PATENT DEED(S) co
RESOLUTION NO. 1 -15 H