HomeMy WebLinkAboutRES 24-37 RESOLUTION NO, 24-37
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY
PATENTED EASEMENT LOCATED AT CHAPARRAL ROAD FROM
SCENIC STREET TO VIRGINIA STREET (ALIGNMENT) , IS NO
LONGER NECESSARY FOR PUBLIC USE AS A FEDERALLY
PATENTED EASEMENT AND IS HEREBY EXTINGUISHED A
PRESENT AND FUTURE PUBLIC RIGHT-OF- WAY.
WHEREAS, upon incorporation, the City of Apache Junction,
n Arizona municipal corporation, became the holder of roadway
easements, 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, the reason for the FPE extinguishment request is
for future development acknowledging that utility
extinguishments will be required, and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R.S. §§ 9- 00.24 and 28-7214
and
WHEREAS, under A.R.S. § 9-500.24 the city has notified and
obtained consent of utility providers, and
WHEREAS, on October 1st, 2024 the applicant paid the
required non-refundable application and filing fee for the
extinguishment request pursuant to Apache Junction City Code §
13-- -4 (H) ; and.
WHEREAS, pursuant.. to Apache Junction City Code § 13-2-4,
the director of public works on October 2, 2024, 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 city engineer has determined that the
easement (s) in question, because of their location, topography,
and encroachments therein, have no or de minmis public value.
RESOLUTION NO. 24-37
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 public roadway easements, as
described in Exhibit A and depicted in Exhibit B, are
classified as local streets on the Street
Classification Plan and are no longer necessary for
public roadway purposes, have no or de minimis public
value, and are 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 street right-of-way.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF
I '
f -q
APACHE JUNCTION, ARIZONA, THIS ' DAY OF
2 0 6: q
SIGNED AND ATTESTED TO THIS DAY OF
20
WALTER -CHIP- WfLSON
Mayor
ATTEST:
EVIE MCKINNEY Q
Deputy City Clerk
APPROVED AS TO FORM:
lz
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-37
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 (:Adjacent to parcel 103-03-023D)
The East thirty-three feet (331 ) of the Southwest quarter of the
Southwest quarter of the Northeast quarter of the Northwest
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 (331 ) THEREOF AND
PARCEL 2 (Adjacent to parcel 103-03-032B)
The Guest thirty-three feet (33' ) of the Southeast quarter of the
Southwest quarter of the Northeast quarter of the Northwest
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 ( 3' ) THEREOF
RESOLUTION NO. 24-37
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EXHIBIT " '°
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6 __ LEGEND T N RSE S22
3 '
3' PROPOSED EXTINGUISHMENT
s
— — PREVIOUSLY EXTINGUISHED
1 -�—33" 33- DEDICATED RIGHT—OF—WAY (TO REMAIN)
lt�— _ -- ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION — — — FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED) PROPERTY LINE
RESOLUTION NO. 24-37 119-086 PATENT DEED(S)
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