HomeMy WebLinkAboutRES 20-09RESOLUTION NO.20-09
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,DECLARING THE NORTH HALF
OF THE 3 3 FOOT FEDERALLY PATENTED EASEMENT LOCATED ON
15TH AVENUE FROM OLD WEST HIGHWAY TO WICKIUP ROAD,ARE
N O LONGER NECESSARY FOR PUBLIC USE A S FEDERALLY
PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED A S
PRESENT AND FUTURE PUBLIC RIGHTS -OF -WAY.
WHEREAS,upon incorporation,the City o f Apache Junction,
an Arizona municipal corporation,became the holder o f roadway
easements,pursuant t o the Small Tract Act o f 1938 (52 Stat.
609,a s amended,4 3 U.S.C.682a -682e),a s more fully described
in Exhibit A and depicted in Exhibit B; and
WHEREAS,the reason for the extinguishment request i s t o
consolidate surrounding parcels for future commercial
development; and
WHEREAS,such easement may b e extinguished b y local
municipal government pursuant to A.R.S.§§ 9-500.24 and 28-7214;
and
WHEREAS,o n February 19,2020,the applicant paid the
required non-refundable application and filing fee for the
extinguishment request pursuant t o Apache Junction City Code
Volume I,§ 13-2-4 (H); and
WHEREAS,pursuant to Apache Junction City Code Volume I,
§13-2-4,the director o f public works o n November 19,2019,
submitted copies o f the application for comment t o the
development services director,the public safety director,the
Superstition Fire and Medical District,a s well a s 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
i n question,because o f its location,topography,and
encroachments therein,have no or de minimis public value.
RESOLUTION 20-09
PAGE 1 OF 4
NOW,THEREFORE,B E I T RESOLVED B Y THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1)The mayor and city council o f the City o f Apache
Junction find that the public roadway easement,a s
described i n Exhibit A and depicted i n Exhibit B,i s
classified a s local streets o n the Street
Classification Plan and i s n o longer necessary for
public roadway purposes,have no or d e minimis public
value,and i s hereby extinguished for public roadway
purposes.
2 )Nothing i n this approval extinguishes any utility
easement interest o f any public utility agency o r
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 a DAY OF ALOC61 2020.
SIGNED AND ATTESTED TO THIS /A)DAY OF iqujou34-,2020.
JEFF SE
Mayor
ATTEST:
NIFERAE&A
Ity Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION 20-09
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-19-030)
The South thirty-three feet (33') of the North half of the
Southeast quarter of the Southwest quarter of the Northwest
quarter of Section 27, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the East thirty three feet (33') THEREOF;
RESOLUTION NO. 20-09
PAGE 3 OF 4
EXHIBIT "B"
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150-367
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66'
33'L.
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TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
RESOLUTION NO.20-09
LEGEND
'.4 *
AVENUE.
AVENUE._
031C
I
031B
AVENUE
031D
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5.6n
PROPOSED EXTINGUISHMENT
PREVIOUSLY EXTINGUISHED
DEDICATED RIGHT—OF—WAY (TO REMAIN)
- - -ROAD CENTERLINE
- — — -FEDERAL PATENT EASEMENT
PROPERTY LINE
119-086 PATENT DEED(S)