HomeMy WebLinkAboutRES 19-26 "�" ICI
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�. �PINAL COUNTY RECORDER
r Virginia Ross
When it :
D T /TI E; 12/ 5/2 1 921
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® FEE R. 219-10703
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oRE-49
RESOLUTION O. 19-26
A RESOLUTION OF THE O AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZO A, DECLARING PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON SOLANA ROAD FROM
16TH AVENUE TO 15TH AVENUE, ARE NO LONGER NECESSARY FOR
PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY
EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-
AY
WHEREAS, upon incorporation, the City of Apache Junction,
an Arizona municipal corporation, became the holder of roadway
easements, pursuant to the Small Tract Act of 1938 (52 Star.
09, as amended, 43 U.S.C. 682a-682e) , as more fully described
in Exhibit A and depicted in Exhibit ; and
WHEREAS, the reason for the extinguishment request is so
that the applicant can build a deck onto their house and into
the area of the easement; and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R.S. §§ 9-500 .2 and 26-7214;
and
WHEREAS, on August 17, 2019 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- ,
the director of public works on September 9, 2019, 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 all public utility
providers; 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
easement (s) in question, because of their location, topography,
and encroachments therein, have no or de minimis public value.
RESOLUTION NO. 19-26 co
PACE 1 OF 2
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 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 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 .1 DAY OF , 20d.
SIGNED AND ATTESTED TO THIS DAY OF ':),teA-n,4,- 20L2.
JEFF P
Mayoo 4
ATTEST:
4)
,E"N IF R P IRA
City C er
APPROVED AS TO F®
1.
RICHARD J. STERN
City Attorney
RESOLUTION NO. 19-26
PAGE 2 OF 2
EXHIBIT A
PARCEL 1 (Adjacent to arcel 103®13® 63 )
The East thirty-three feet (331 ) of the Southwest of the
Southeast quarter of the Southwest quarter of the Northeast
quarter of Section 27, Township 1 North, Range 3 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North thirty three feet (3 ' ) and South forty feet
(401 ) THEREOF THEREOF;
PARCEL 2 {Adjacent to arcel 13-13- 64A)
The West thirty-three feet (331 ) of the North half of the
Southeast quarter of the Southeast quarter of the Southwest
quarter of the Northeast quarter of Section 27, Township 1
North, Range 3 East of the Gila and Salt River Base and
Meridian, Final County, Arizona;
EXCEPT the North thirty three feet (3 ' ) THEREOF;
PARCEL 3 {Adjacent to parcel 103-13-064E)
The West thirty-three feet (331 ) of the South half of the
Southeast quarter of the Southeast quarter of the Southwest
quarter of the Northeast quarter of Section 27, Township 1
North, Range S East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
EXCEPT the South forty feet ( 0' ) THEREOF;
RESOLUTION NO. 19-2
PAGE 3 OF 4
EXHIBIT RR RR
_ _ _ _ 1 - AVENUE _
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064B
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17 - _ 11.809361 _ _
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1030201
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18TH AVENUE®®
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33'
PROPOSED
® ® ® — 3® EXTINGUISHMENT
PREVIOUSLY EXTINGUISHED
1— — — I— 33'
® — 33' - ® DEDICATED (TREMAIN)
--- ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION FEDERAL PATENT EASEMENT
(UNLESS OTHERWSE NOTE®) PROPERTYLINE
RESOLUTION NO. 19-26 lig-oa6 PATENT (S)
PAGE 4 OF 4t-