HomeMy WebLinkAboutRES 20-44 RESOLUTION NO. 20-4
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS O
FEDERALLY PATENTED EASEMENTS LOCATED AT 15TH AVENUE
FROM WAGON WHEEL TO GOLDFIELD ROADS, ARE NO LONGER
NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED
EASEMENTS AND ARE 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 1935 ( 2 Stat.
609, as amended, 43 U. S.C. 6 2a-632e) , as more fully described
in Exhibit A and depicted in Exhibit ; and
WHEREAS, the applicant was instructed to apply for a
residential permit for an unpermitted shaded RV structure that
has been on the property for over twenty years . Applicant has
requested an extinguishment of 1 th Avenue; and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R. S. §§ 9-500 . 24 and 28-7214;
and
WHEREAS, under A. R. S. § 9-500 . 24the city has notified and
obtained consent of utility providers; and
WHEREAS, on December 2, 2020 the applicant paid the
required non-refundable application and filing fee for the
extinguishment request pursuant to Apache Junction City Code
1 -2-4 ( ) ; and
WHEREAS, pursuant to Apache Junction City Code § 1 -2- ,
the director of public works on January 11, 2021, 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- 4
PAGE 1 OF 4
WHEREAS, the city engineer has determined that the
easements) in question, because of their 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 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 _Aj DAY OF D8AffE_, 20ZI .
SIGNED AND ATTESTED TO THIS tki DAY OF 20_4.
CHIP W4ILSN
Mayor
ATTEST®
JJNIFER PENA
, " rl .,I,ty Clerk
APPROVED AS TO FORM:
iEH�Ki J. STERN
City Attorney
RESOLUTION NO® 20-44
PAGE 2 OF 4
EXHIBIT
PARCEL 1 (Adjacent to Parcel 103-21-034A)
The South thirty-three feet (331 ) of the East half of the
Northeast quarter of the Northeast quarter of the Southeast
quarter of Section 27, Township 1 North, Range 8 East of the
Gila and Salt River Ease and Meridian, Pinal County, Arizona®
EXCEPT the East fifty feet (50' ) THEREOF;
PARCEL 2 (Adjacent to parcel 103-21-03 B)
The North thirty-three feet (331 ) of the East half of the
Southeast quarter of the Northeast quarter of the Southeast
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 fifty feet (50' ) 'THEREOF;
RESOLUTION NO® 20-44
PACE 3 OF 4
EXHIBIT "B"
1191L F AVENUE-
I<FM
101
<
0
<
0
021A
w
0
ZI I Iz I
002D 002E
10
I 034A
1 7-2507
18TH -AVENUE-
USA
91® 7
59
034B I
00'2 191-59
10
1 I<
03E 0
01 31D
150-3671
19IH AVERUf- -
LU
029D t
0
........... ------------------------
LEGEND
'
33
2
33
L -30 66' PROPOSED EXTINGUISHMENT
PREVIOUSLY EXTINGUISHED
L33® 33' DEDICATED RIGHT-OF-WAY (TO REMAIN)- - -1I - - ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION FEDERAL PATENT EASEMENT
(UNLESS OTHER SE NOTED) PROPERTY LINE
119-086 PATENT DEED(S)
RESOLUTION NO. 20-44