HomeMy WebLinkAboutRES 23-04 RESOLUTION NO. 23-04
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY
PATENTED EASEMENT LOCATED AT RAINDANCE ROAD
(ALIGNMENT) FROM FIRST AVENUE TO SECOND AVENUE, 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 January 20th, 2023 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 allow development within the current 33-foot roadway and
public utility easement and obtain proper title insurance; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the director of public works 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. 23-04
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 FPE, 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 or private utility
provider on the subject FPE.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF 20?-3.
SIGNED AND ATTESTED TO THIS _— DAY OF / 2023 .
y4i�e "L-�
WALTER "C IP" WILSON
Mayor
ATTEST:
1 -
JE NIFER NA
ty Clerk
APPROVED AS TO FORM:
0 .51 ,
RICHARD J. STERN
City Attorney
RESOLUTION NO. 23-04
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 (adjacent to Pinal County parcel# 103-04-010A)
The East thirty-three feet (33' ) of the North half of the
Southwest quarter of the Northeast quarter of the Northwest
quarter of the Southwest quarter of Section 22, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
AND
PARCEL 2 (adjacent to Pinal County parcel# 103-04-010B)
The East thirty-three feet (331 ) of the South half of the
Southwest quarter of the Northeast quarter of the Northwest
quarter of the Southwest quarter of Section 22, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
EXCEPT the South thirty three feet (33' ) THEREOF; AND
PARCEL 3 (adjacent to Pinal County parcel# 103-04-011B)
The West thirty-three feet (331 ) of the West Half of the
Southeast quarter of the Northeast quarter of the Northwest
quarter of the Southwest quarter of Section 22, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
EXCEPT the South thirty three feet (33' ) THEREOF;
RESOLUTION NO. 23-04
PAGE 3 OF 4
EXHIBIT "B"
J bLCTION _ STRF�L — — —
I I I I I I I I
I I ID I I I QI 1
I QI 10 I
I �I I� 1
1ST _ I AVENUE _
a
010A
Y
>I o n011 B 011Ato
ICI I I
I 010B I I 1
00
2ND _ I AVENUE
I
� I I
I I I I lal 1 1 1
O
I I I I ICI I I I
I
I I I
3RDAVENUE _
z I I I I
Q
I I I Iz
I I I I I�I I I
I I
I I I I
I I I I
�� LEGEND
- - - I ,
L — _ 66' �— — 3' ® PROPOSED EXTINGUISHMENT
I— — — — 33,— ® PREVIOUSLY EXTINGUISHED
L33' ® DEDICATED RIGHT—OF—WAY (TO REMAIN)
— — — — --- ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION - — — - FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED) PROPERTY LINE
RESOLUTION NO. 23-04 119-086 PATENT DEED(S) co
PAGE 4 OF 4
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