HomeMy WebLinkAboutRES 21-28 OFFICIAL RECORDS OF
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DATE/TIME: 0 /23/ 21 059
For tax Purposes: FEE: $15.00
EXEMPT PER PA 5
A.R.S. § 11-1134.A.3 FEE NUMBER: 2021-120049
When recorded, mail to:
City of Apache Junction
Public Works Department
575 E. Baseline Ave
Apache Junction, AZ 85119
EASEMENT EXTINGUISHMENT
SOLUTION 21-28
RESOLUTIONO. 1-2
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING D LLY
PATENTED EASEMENT LOCATED AT FOREST STREET FROM HITO
ROAD TO GOLDFIELD OA , IS NO LONGER NECESSARY FOR
PUBLIC USE AS A FEDERALLY PATENTED EASEMENT AND IS
HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC
RIGHT-OF-WAY.
WHEREAS, upon incorporation, the City of Apache Junction,
an Arizona municipal corporation, became the holder of roadway
easements, also known as federally patented easements (FP s) ,
pursuant to the Small Tract Act of 198 (52 Stat . 609, as
amended, 43 U. S .C. 682a-682e) , as more fully described in
Exhibit A and depicted in Exhibit ; and
WHEREAS, an FPE may be extinguished by a local municipal
government pursuant to A.R. S. §§ 9-500 . 24 and 28-7214; and
WHEREAS, on July 26th, 2021 the applicant paid the required
non-refundable application and filing fee for the extinguishment
request pursuant __to_ ache Junction City Code § 3-2-4 ( ) ; and
WHEREAS, the reason for the FPE extinguishment request is
to, increase the buildable space for a home using the property
line as the starting point for the 40 foot setback measurement
instead of the existing FPE boundary line; and
WHEREAS, pursuant to Apache Junction City Code § 1 -2-4,
the director of public works on August 2, 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
WHEREAS, the city engineer has determined that the FPE in
question, because of its location, topography, and encroachments
therein, have no or de minimis public value.
RESOLUTION NO. 1-28
PAGE 1 OF
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 EPP, 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 FPE.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS �(_ DAY OFS , 20-4 .
466�1_ —
SIGNED AND ATTESTED TO THIS 2:( DAY OF & 2 OA.
WALITER "CHIP" WILSON
Mayor
ATTEST:
JE NIFE PENA
v P' y Cl rk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION O® 21-28
PAGE 2 OF 4
EXHIBIT
PARCEL 1 (Adjacent to parcels 100- 4-04E and 100- 4-04F)
The South thirty-three feet (33' ) of the North half of the
Northeast quarter of the Southeast quarter of the Northeast
quarter of Section 1 , 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; AND
PARCEL (Adjacent to parcel 00- 4-0 5C and 100-24-025 )
The North thirty-three feet (3 ' ) of the South half of the
Northeast quarter of the Southeast quarter of the Northeast
quarter of Section 1 , 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. 21-28
PAGE 3 OF
EXHIBIT "B"
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023B 0 1 024H 024J
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023D 1 1165-583
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023E 1 275-402
1 025C 025E
—--------------- I -----------------------
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023C I I
Sm EfRIEE STREET
PIONEER STREET
LEGEND
L66' 31 PROPOSED EXTINGUISHMENT
- - - PREVIOUSLY EXTINGUISHED
33' 33- DEDICATED RIGHT—OF—WAY (TO REMAIN)
L — — ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION FEDERAL PATENT EASEMENT
(UNLESS OTHERNSE NOTED) PROPERTY LINE
119-086 PATENT DEED(S)
RESOLUTION NO. 21-28