HomeMy WebLinkAboutRES 24-05 RESOLUTION NO. 24-05
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY
PATENTED EASEMENT LOCATED OF ROUNDUP STREET FROM IDAHO
ROAD WEST, 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 the
attached exhibits; 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, 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 a future townhome development; and
WHEREAS, pursuant to Apache Junction City Code, Vol. I,
§ 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. 24-05
PAGE 1 OF 6
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 -19— DAY OF 202Y.
SIGNED AND ATTESTED TO THIS J DAY OF 20�.
WALTER "CHIP" WILSON
Mayor
ATTEST:
/-L,��I, la.
&0kFE1yPENA
City Clerk
APPROVED AS TO FORM:
(4 3•l4•2'-Lr
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-05
PAGE 2 OF 6
Exhibit TEPEE STREET
Roundup Apartment Site _
Parcel FND. GLO BRASS CAA
Proposed Federal Patent IN HANDHOLE E1/4 COR
Easement Extinguishment SEC 17 T1N, R8E
POINT OF COMMENCEMENT
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50.00'
PARCEL 3 S89.55'24"W
100-31-017B SO'15'24"E
DOC 2021-092786 PCR 62.15'
NO BUILDINGS
N89'55'24"E S44'50'00"W
NO'15'46"W 155.25' 5.65'
16.00'
TRUE POINT
OF BEGINNING
S89-55'24"W S44'50'00"W � Q
139.25' 22.59' � Q
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FND. COTTON SPINDLE
L. SE COR SEC 17 T1 N, R8E�
Cl) SUPERSTITION BLVD
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0 ROBERT S. �
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Exhibit B
Proposed Federal Patent Easement Extinguishment
Parcel 3
A portion of the South 99 feet of the South half of the Southeast quarter of the Northeast quarter of the
Southeast quarter of Section 17,Township 1 North, Range 8 East of the Gila and Salt River Meridian,
Pinal County,Arizona, more particularly described as follows;
COMMENCING at the east quarter corner of said Section 17,Township 1 North, Range 8 East of the Gila
and Salt River Meridian, Pinal County,Arizona;
THENCE South 00 degrees 15 minutes 24 seconds East,along the east line of said northeast quarter of
Section 17,a distance of 1,220.67 feet to the Northeast corner of said South 99 feet of the South half of
the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 17;
THENCE leaving said east line,South 89 degrees 55 minutes 24 seconds West, along the north line of
said South 99 feet, a distance of 50.00 feet;
THENCE leaving said north line,South 00 degrees 15 minutes 24 seconds East,a distance of 62.15 feet;
THENCE South 44 degrees 50 minutes 00 seconds West,a distance of 5.65 feet to the TRUE POINT OF
BEGINNING;
THENCE South 44 degrees 50 minutes 00 seconds West,a distance of 22.59 feet;
THENCE South 89 degrees 55 minutes 24 seconds West,a distance of 139.25 feet;
THENCE North 00 degrees 15 minutes 46 seconds West,a distance of 16.00 feet;
THENCE North 89 degrees 55 minutes 24 seconds East,a distance of 155.25 feet to the TRUE POINT OF
BEGINNING.
Containing 2,356 square feet or 0.054 acres, more or less.
Subject to existing right-of-way and easements.
Robert S.Unger, R.L.S. �, L
Registered Land Surveyor K\FI
Arizona Registration No.35306 _� 35306
c� ROBERT S.
o UNGER o
Of� 02/02/24:,
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Page 1 of 2
Exhibit A
Roundup Apartment Site
Parcel TEPEE STREET
Proposed Federal Patent _
Easement Extinguishment FND. GLO BRASS CAP
IN HANDHOLE E1/4 COR
SEC 17 T1 N, HE
POINT OF COMMENCEMENT
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PARCEL 2
100-31-017D 0
L=32.05' R=50.00' DOC 2021-092786 PCR Q
„ NO BUILDINGS 0
NO'15'46"W A=36'43 37 ;� SO'15 46 E
N89'55'24"E 16.00'
0.11' 209.00' 1 0
NO'15'46"W Q
17.00' Q
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L=28.68' R=50.00' S89'55'24"W —�
0=32'51'36" 151.42' S89'55'24"W
TRUE POINT OF BEGINNING 209.25'
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FND. COTTON SPINDLE
�O L ND SE COR SEC 17 T1 N, RBEco �
,`<v G��F► Tf,�`SG�
3 306 Z- SUPERSTITION BLVD
ROBERT S. m
UNGER
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Exhibit B
Proposed Federal Patent Easement Extinguishment
Parcel 2
A portion of the South 99 feet of the South half of the Southeast quarter of the Northeast quarter of the
Southeast quarter of Section 17,Township 1 North, Range 8 East of the Gila and Salt River Meridian,
Pinal County,Arizona, more particularly described as follows;
COMMENCING at the east quarter corner of said Section 17,Township 1 North, Range 8 East of the Gila
and Salt River Meridian, Pinal County,Arizona;
THENCE South 00 degrees 15 minutes 24 seconds East,along the east line of said northeast quarter of
Section 17,a distance of 1,319.82 feet to the Southeast corner of said South 99 feet of the South half of
the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 17;
THENCE leaving said east line,South 89 degrees 55 minutes 24 seconds West, along the south line of
said 99 feet,a distance of 209.25 feet;
THENCE leaving said south line, North 00 degrees 15 minutes 46 seconds West,a distance of 17.00 feet
to the TRUE POINT OF BEGINNING;
THENCE South 89 degrees 55 minutes 24 seconds West,a distance of 151.42 feet to the beginning of a
tangent curve to the right,concave Northeasterly;
THENCE Northwesterly along said curve to the right, having a radius of 50.00 feet,through a central
angle of 32 degrees 51 minutes 36 seconds,an arc distance of 28.68 feet to the beginning of a tangent
curve to the left,concave Southwesterly;
THENCE Northwesterly along said curve to the left, having a radius of 50.00 feet,through a central angle
of 36 degrees 43 minutes 37 seconds,an arc distance of 32.05 feet to a non-tangent line;
THENCE North 00 minutes 15 seconds 46 minutes West,a distance of 0.11 feet;
THENCE North 89 minutes 55 seconds 24 minutes East,a distance of 209.00 feet;
THENCE South 00 degrees 15 minutes 46 seconds East,a distance of 16.00 feet to the TRUE POINT OF
BEGINNING.
Containing 2,857 square feet or 0.066 acres, more or less.
Subject to existing right-of-way and easements.
F,0 i- ND
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Robert S. Unger, R.L.S. �'� 35306
Registered Land Surveyor R0BERT S.
Arizona Registration No.35306 o UNGER 0
S02/02/2.4
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