HomeMy WebLinkAboutRES 21-33 RESOLUTION NO. 21-33
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY
PATENTED EASEMENT LOCATED AT SCENIC STREET (ALIGNMENT)
FROM PLAZA DRIVE TO NESS BOULEVARD, 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 (FPEs) ,
pursuant to the Small Tract Act of 1938 (52 Stat. 609, as
amended, 43 U.S.C. 682a-682e) , as more fully described in
Exhibit A and depicted in Exhibit B; 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 12th, 2021 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, the reason for the FPE extinguishment request is
to combine lots for residential development; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the director of public works on August 12, 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. 21-33
PAGE 1 OF 4
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 FPE, as described in Legal
Description and depicted in the Exhibit, 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 ,LGi_ DAY OF �,tj�, , 20,;P.
SIGNED AND ATTESTED TO THIS Iq DAY OF 20V.
��
WALT R -CHIP" WILSON
Mayor
ATTEST:
J NN FER P A
City Clerk
APPROVED AS TO FORM:
lq- 22
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-33 .
PAGE 2 OF 4
E P 5
GROUP
Legal Description
A7 17.5
Easement Abandonment
Job No. 21-0154 7/8/2021
All of that public highway easement as described and recorded in Docket 458, Page
419 of Pinal County Records, lying within the Northeast Quarter of Section 20,
Township 1 North, Range 8 East of the Gila and Salt River Meridian, Pinal County,
Arizona, described via metes and bounds as follows:
COMMENCING at the East Quarter Corner of said Section 20, being marked by a
3" Arizona Department of Transportation aluminum cap in handhole, from which
the Northeast corner of said Section 20, being marked by a cotton picker spindle,
bears North 0 degrees 02 minutes 33 seconds West, 2636.84 feet;
thence along the East line of said Northeast Quarter, North 0 degrees 02 minutes
33 seconds West, 1288.42 feet;
thence along a line 30.00 feet South of and parallel with the South line of the North
Half of said Northeast Quarter, North 89 degrees 55 minutes 32 seconds West,
386.55 feet to a point on the West right-of-way line of Ness Boulevard as shown in
Book 11, Page 24 of Pinal County Records and the POINT OF BEGINNING;
thence continuing along said parallel line, North 89 degrees 55 minutes 32 seconds
West, 913.80 feet to a point on the East right-of-way line of Lost Dutchman
Boulevard (currently known as Plaza Drive) as shown in Book 11, Page 24 of Pinal
County Records;
thence along said East right-of-way line, North 0 degrees 02 minutes 40 seconds
West, 60.00 feet;
thence along a line 30.00 feet North of and parallel with the South line of the North
Half of said Northeast Quarter, South 89 degrees 55 minutes 32 seconds East,
913.81 feet to a point on said West right-of-way line of Ness Boulevard;
thence along said West right-of-way line, South 0
degrees 02 minutes 31 seconds East, 60.00 feet to the ° c r s
POINT OF BEGINNING.
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LINE TABLE
LINE BEARING LENGTH
L1 N8955'32"W 386.55' NE COR, SEC 20, T1N, ME, G&SRM
FND CPS
L2 N89'55'32"W 913.80'
L3 N00'02'40"W 60.00'
L4 S89'55'32"E 913.81' 60' R/W
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Easement Abandonment Ste 20 Mesa,AZ 85201
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