2025-0311 - Resolution 12-25 re Extinguishment PUE Home Depot Site FINAL.pdf
Extracted text (via pymupdf)
5585 characters
WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 E. Monroe Avenue Buckeye, Arizona 85326 RESOLUTION NO. 12-25 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, APPROVING THE EXTINGUISHMENT OF A PORTION OF THAT CERTAIN PUBLIC UTILITY EASEMENT DESCRIBED WITHIN THE INSTRUMENT ENTITLED FINAL PLAT OF BUCKEYE PARKWAY CENTER, RECORDED AT INSTRUMENT NUMBER 2007-1041087, MARICOPA COUNTY RECORDER (MCR), AND REPLAT OF BUCKEYE PARKWAY CENTER, RECORDED AT INSTRUMENT NUMBER 2024-0640804, MCR, SITUATED GENERALLY IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 2 WEST, GILA AND SALT RIVER BASE AND MERIDIAN, BUCKEYE, ARIZONA. WHEREAS, an easement for public utility purposes, eight feet (8’) in width, recorded at Instrument Number 2007-1041087, Maricopa County Recorder (“MCR”) as replatted in Instrument Number 2024-0640804, MCR, is located on private property known as Buckeye Parkway Center, situated in a portion of Section 6, Township 1 North, Range 2 West, Gila and Salt River Base and Meridian (the “Public Utility Easement”); and WHEREAS, a portion of the Public Utility Easement does not serve property other than that which is privately owned; and WHEREAS, a certain portion of the Public Utility Easement is not needed for the development of the property in accordance with the currently approved use of the property; and WHEREAS, pursuant to Section 20-16 of the Buckeye City Code, the City has determined that a certain portion of the Public Utility Easement serves no public purpose. BE IT RESOLVED by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. The recitals above are hereby incorporated as if fully set forth herein. Section 2. The City hereby shall and do extinguish a portion of said Public Utility Easement, described as follows: See Exhibit A and Exhibit B attached hereto and incorporated herein by this reference, except any existing utilities situated therein (the “Partially Extinguished Easement Area”). Section 3. Subject to the provisions of Arizona Revised Statutes § 28-7210 and any other applicable law, the Partially Extinguished Easement Area will no longer be subject to, or encumbered by the terms and conditions of the Public Utility Easement recorded at Instrument Numbers 2007-1041087 and 2024-060804, MCR, and any property interests recited therein will vest with the property and/or the property-owner. Section 4. The Mayor, City Manager, City Attorney, and City Clerk are hereby authorized and directed to execute any and all documents and any other necessary or desirable instruments, and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 6th day of May, 2025. Eric W. Orsborn, Mayor ATTEST: Lucinda J. Aja, City Clerk APPROVED AS TO FORM: K. Scott McCoy, City Attorney Attachments Exhibit A: Legal Description of Partially Extinguished Easement Area (excluding existing utilities) Exhibit B: Depiction of Partially Extinguished Easement Area (excluding existing utilities) EXHIBIT A to Resolution No. 12-25 Legal Description of Partially Extinguished Easement area (consisting of 2 pages) EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201 Tel (480) 503-2250 • Fax (480) 503-2258 LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT ABANDONMENT EXHIBIT ‘A’ Job No. 24-0056 February 28, 2025 AN ABANDONMENT OF THAT 8’ PUBLIC UTILITY EASEMENT, AS RECORDED IN BOOK 948, PAGE 34 OF MARICOPA COUNTY RECORDS, BEING IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 2 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST CORNER OF SAID SECTION 6, BEING A BRASS CAP IN HANDHOLE, FROM WHICH THE NORTHEAST QUARTER CORNER THEREOF, BEING A REBAR BEARS NORTH 00 DEGREES 16 MINUTES 30 SECONDS EAST, 2654.17 FEET (BASIS OF BEARINGS) THENCE, ALONG THE EAST LINE OF SAID SECTION, NORTH 00 DEGREES 16 MINUTES 30 SECONDS EAST, 1,424.41 FEET; THENCE, DEPARTING SAID EAST LINE, NORTH 89 DEGREES 43 MINUTES 30 SECONDS WEST, 310.44 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 8.00 FEET; THENCE, NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 52.49 FEET; THENCE, NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 8.00 FEET; THENCE, SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 52.49 FEET, TO THE POINT OF BEGINNING. SAID PORTION OF LAND CONTAINING 420 SQUARE FEET, OR 0.0096 ACRES, MORE OR LESS, AND BEING SUBJECT TO ANY EASEMENTS, RESTRICTIONS, AND/OR RIGHTS-OF-WAYS OF RECORD OR OTHERWISE. EPS Group, Inc. • 1130 N. Alma School Rd, Suite 120 • Mesa, AZ 85201 Tel (480) 503-2250 • Fax (480) 503-2258 THIS DESCRIPTION SHOWN HEREON IS NOT TO BE USED TO VIOLATE SUBDIVISION REGULATIONS OF THE STATE, COUNTY AND/OR MUNICIPALITY, OR ANY OTHER LAND DIVISION RESTRICTIONS. EXHIBIT B to Resolution No. 12-25 Depiction of Partially Extinguished Easement Area (consisting of 1 page) 1130 N. Alma School Rd. Ste. 120 Mesa, AZ 85201 T:480.503.2250 | F:480.503.2258 www.epsgroupinc.com of Drawn by: Reviewed by: Sheet Scale:1" = 20' Sheet No: 24-0056 PUBLIC UTILITY EASEMENT ABANDONMENT EXHIBIT "A" 1 KFN RAJ EXHIBIT "A" 1 NORTH