HomeMy WebLinkAboutRES 23-37 RESOLUTION NO. 23-37
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY
PATENTED EASEMENT LOCATED AT 7TH AVENUE (ALIGNMENT)
FROM CONESTOGA ROAD TO CORTEZ ROAD, 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 October 24th, 2023 the applicant paid the
required non-refundable application and filing fee for the
extinguishment request pursuant to Apache Junction City Code,
Vol. I, § 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, Vol. I,
§ 13-2-4, the director of public works on November 29th, 2023,
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. 23-37
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 map set forth in the attached
exhibits, 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 _/q DAY OF m A� 20�.
SIGNED AND ATTESTED TO THIS DAY OF _, 20 .
r
WALTER "CHIP" WILSON
Mayor
ATTEST:
pia
E NIFER ENA
City Clerk
APPROVED AS TO FORM:
J�*'3.t 4.
RICHARD J. STERN
City Attorney
RESOLUTION NO. 23-37
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-04-051B)
The South thirty-three feet (331 ) of the Northeast quarter of
the Southeast quarter of the Southeast 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 West thirty-three feet (331 ) and East forty feet
(40' ) THEREOF; AND
PARCEL 2 (Adjacent to parcel 103-04-069B)
The East thirty-three feet (331 ) of the North thirty-three feet
(33' ) of the Southwest quarter of the Southeast quarter of the
Southeast 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 3 (Adjacent to parcel 103-04-070B and 103-04-070C)
The North thirty-three feet (331 ) of the Southeast quarter of
the Southeast quarter of the Southeast 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 East forty feet (401 ) THEREOF;
RESOLUTION NO. 23-37
PAGE 3 OF 4
EXHIBIT "B"
� I I
�o of I
I ofI I
I I Kx
Kx
L II I
- - I - - - - - J
- - - AVENUE -
051 A O I I
lol I 011 B 011A la
I I U 051 B Iu)
210-478
I
174- 7 195-316 I I
069B
I
I I I 070B 070C
I I I I I
I
I I I
BRORINWE AVENUE
4I
I
I I
I I I I DUI I I I
I I I I
LEGEND
I I 33'
L _ _ _ 3' ® PROPOSED EXTINGUISHMENT
® PREVIOUSLY EXTINGUISHED
r 33'L -
33, DEDICATED RIGHT-OF-WAY (To REMAIN)- - -
--- ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION - - - - FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED) PROPERTY LINE
RESOLUTION NO. 23-37 119-086 PATENT DEED(S) w
PAGE 4 OF 4
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