HomeMy WebLinkAboutRES 22-25 RESOLUTION NO. 22-25
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY
PATENTED EASEMENT LOCATED AT WAGON WHEEL ROAD
(ALIGNMENT) FROM CACTUS WREN STREET TO SCENIC STREET,
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 May lst, 2022 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
for future development acknowledging that utility
extinguishments will be required; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the director of public works on June 29th, 2022, 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. 22-25
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 �_ DAY OF F-e-bt-U6tr 204j.
SIGNED AND ATTESTED TO THIS DAY OF F7,.br ar , 20Z3.
V r �
WALTER "CHIP" WI SON
Mayor
ATTEST:
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E IFER ANA
City Cle
APPROVED AS TO FORM:
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RICHARD J. STERN
City Attorney
RESOLUTION NO. 22-25
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 (Adjacent to parcels 103-02-035B and 103-02-035A)
The East thirty-three feet (33' ) of the Northwest quarter of the
Northeast quarter of the Southeast quarter of the Northeast
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North forty feet (40' ) THEREOF; AND
PARCEL 2 (Adjacent to parcel 103-2-034B and 103-02-034A)
The West thirty-three feet (331 ) of the Northeast quarter of the
Northeast quarter of the Southeast quarter of the Northeast
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North forty feet (40' ) THEREOF;
RESOLUTION NO. 22-25
PAGE 3 OF 4
EXHIBIT "B"
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I I I I I I
I I I I I I I I I
VIRGINIA I STREET
I LEI
Ip I I I 1�
a I pl
0I Ip
I I 50'
SCENIC_ �— STREET
ol
IWI p 1 035B 034B
D
I 1=I I 1
I II 035A 034A
— — J —
_ I 171-101 184-211
9CLUa-WREIq _ —STREET I _
I I
I I I I I 1
I I I I
I I I I I 50'
4 RQSEVELT _ STREEI - -
I � I
LEGEND
L - - 66' �- _ 3' ® PROPOSED EXTINGUISHMENT
® PREVIOUSLY EXTINGUISHED
33'
33' DEDICATED RIGHT—OF—WAY (TO REMAIN)
L - -t - -
--- ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION - - - - FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED) PROPERTY LINE
119-086 PATENT DEED(S) co
RESOLUTION NO. 22-25
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