HomeMy WebLinkAboutRES 20-33 RESOLUTION NO. 20-33
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY
PATENTED EASEMENT LOCATED AT SMOKETREE STREET FROM
TOMAHAWK ROAD TO VISTA ROAD, IS NO LONGER NECESSARY
FOR PUBLIC USE AS A FEDERALLY PATENTED EASEMENT AND IS
HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC
RIGHTS-OF-WAY®
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 193 (52 Stat .
609, as amended, 43 U.S.C. 682a-62e) , as more fully described
in Exhibit A and depicted in Exhibit B8 and
WHEREAS, the reason for the extinguishment request is to
allow Filly' s Roadhouse to rebuild/repair the duplex which was
destroyed due to a fire on June 22, 2020 . The existing building
was constructed inside the existing federal patent easement.
Rebuilding the duplex is considered new construction under the
city code and is not allowed on a federally patented easement;
and
WHEREAS, such easement may be extinguished by a local
municipal government pursuant to A.R.S. §§ 9-500 .24 and 2 -7214;
and
WHEREAS, under A.R.S . § 9-500 .24 the city has notified and
obtained consent of utility providers; and
WHEREAS, on August 24, 2020 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 § 1 -2-4,
the director of public works on September 10, 2020, 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
RESOLUTION NO. 20-33
PAGE 1 OF 4
WHEREAS, the city engineer has determined that the easement
in question, because of its location, topography, and
encroachments therein, have no or de minimis public value.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACE JUNCTION ARIZONA, AS FOLLOWS®
1) The mayor and city council of the City of Apache
Junction find that the public roadway easement, as
described in Exhibit A and depicted in Exhibit B, is
classified as a local street on the Street
Classification Plan and is no longer necessary for
public roadway purposes, has no or de minimis public
value, and is 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 7 DAY OF AL,14gbL,,0- 20,1
SIGNED AND ATTESTED TO THIS /-7 DAY OF 20JO.
JEFF S
Mayor
ATTEST :
J.
N NA
iCleri
APPROVED AS TO FORM:
7.2--
RICHARD J. STERN
City Attorney
RESOLUTION NO. 20-33
PAGE 2 OF 4
EXHIBIT
PARCEL 1 (Adjacent to parcels 100-25-0210, 100-25-020E, and 100-
25-020C)
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 S East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the East thirty three feet (33' ) THEREOF;
PARCEL 2 (Adjacent to parcel 100-25®033C & 100-25-0330)
The North thirty-three feet (33' ) of the North half of the
Southwest 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 West fifty feet (501 ) and the East thirty three feet
(33' ) THEREOF;
RESOLUTION NO® 20-33
PAGE 3 OF
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TYPICAL FPE/ROW DIMENSION FEDERAL PATENT EASEMENT
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119-086 PATENT DEED(S)
RESOLUTION NO. 20-33
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