HomeMy WebLinkAboutRES 19-16 RESOLUTION O. 19-16
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARION , DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON WAGONWHEEL ROAD FROM JUNCTIO
STREET TO TAMARISK STREET, AND DESCRIBED IN EXTINGUISHMENT
CAS EX-1 -1 , 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. §§ -500 . 4 and 2 -7214; and
WHEREAS, on April 29, 2019, the "Applicant", paid the
required non-refundable application and filing fee for the
extinguishment request pursuant to City Code § 1 -2- (H) ; and
WHEREAS, pursuant to City Code § 1 - -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 utilityproviders; and
WHEREAS, no opposition statements were received from Salt
River Project, Arizona Water Company, Superstition Mountains
Community Facilities District No. 1, Centurylik, 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; an
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. 19-16
PAGE 1 OF
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF AP C E JUNCTION, ARIZONA ASFOLLOWS:
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
o 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 CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS fd DAY OF , 2019.
SIGNED AND ATTESTED TO THIS DAY OF , 2019.
- 44JEFF WDY
Mayor
ATTEST®
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APPROVED AS TO FORM:
7. 16 9
RICHARD 'J. STERN
City Attorney
RESOLUTION O. 19-1
PAGE 2 OF
EXHIBIT A
PARCEL 1 (Adjacent to 2arcel 1 - 2-06H)
The East thirty-three feet (331 ) of the Southwest quarter of the
Southeast quarter of the Southeast quarter of the Northeast
quarter of Section 22 Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the South forty feet (4 ' ) THEREOF;
PARCEL 2 (Adjacent to Loarcel 103-02-06A)
The West thirty-three feet (33' ) of the Southeast quarter of the
Southeast quarter of the Southeast quarter of the Northeast
quarter of Section 22, Township 1 North, Range 6 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the South forty feet (40' ) THEREOF;
RESOLUTION NO. 1 -16
PAGE 3 OF 4
EXHIBIT " ®®
- -
I I049AI050A 050CI I I051A
I049B 050B 051 B I 2
I I I I I I I I _
L
I -
I I056B 11 1054A Ll 053C
10
I I I I I 053B I I
I I I 173-5 171-09 ® I
_
T I STREET
I I I - -2 - 1 03- I
1 1 I I I I I I
7
066CI I I I I068AII
JUNCTION
I I - - I I I - - IZ
I I I
I luj I I 002B I
H
30 001A
I I I I I I 2 I I I
I I I I 1 I
LEGEND
L
- - -
I I 33,
® s6, 3' POSED EXTINGUISHMENT
I I PREVIOUSLY EXTINGUISHED
® ® 33 ®33 DEDICATEDRIGHT—OF—WAY (TO REMAIN)
--- ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED) PROPERTY LINE
119-086 PATENT ( )
RESOLUTION NO. 1 -1