HomeMy WebLinkAbout2013 11.05 City Council Regular Agenda Meeting location
City of Apache Junction, Arizona
City Council Chambers
{ at City Hall
300 E Superstition Blvd
Agenda Apache Junction,AZ
85119
City Council Meeting
www alcity net
Ph (480)982-8002
Tuesday,November 5,2013 7.00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review pnor to the meeting Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda
1. Acceptance of agenda Consideration and action
2. Approval of minutes of regular meeting of October 15, 2013
Consideration and action.
3 Consideration of approval of Resolution No 13-38, repealing
Resolution No 04-28 in its entirety Resolution No 04-28 established a
formal employee communications and problem solving policy
Consideration.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards, presentations from other organizations,proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time
4. Proclamation designating November 18, 2013 as Arizona Winter
Visitors Day Presentation
F. ANNOUNCEMENT OF CURRENT EVENTS
The mayor or any member of council may at this time present a brief summary of current events
However, no discussion shall take place on such items except for clarifying comments related to
substance, time and location
City of Apache Junction,Arizona Page 1 Printed on 10/28/2013
City Council Meeting Agenda November 5,2013
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city
There shall however be no discussion at this time except for clarification inquiries
5. City manager's report Presentation and discussion.
H. PUBLIC HEARINGS
Public heanngs required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any
member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by
the mayor This time limitation shall not apply to applicants and their agents appearing before the
council
6 The mayor and city council shall consider proposed Resolution No
13-09, declaring portions of public roadway easements located on
Cactus Wren Street from Vista Road to Wickiup Road, and described in
extinguishment case EX-13-09, are no longer necessary for public use
as public roadway easements and are hereby extinguished as present
and future public right-of-way Staff respectfully requests approval of
this item Consideration and action.
7. The mayor and city council shall consider proposed Resolution No
13-17, declaring portions of public roadway easements located on
Cholla Street between Vista Road and Wickiup Road and Raindance
Road between Superstition Boulevard and Cody Street, and described
in extinguishment case EX-13-17, are no longer necessary for public
use as public roadway easements and are hereby extinguished as
present and future public right-of-way Staff respectfully requests
approval of this item Consideration and action.
8. The mayor and city council shall consider proposed Resolution No
13-18, declaring portions of public roadway easements located on 6th '^
Avenue from Goldfield Road to Hilton Road, and described in
extinguishment case EX-13-18, are no longer necessary for public use
as public roadway easements and are hereby extinguished as present
and future right-of-way Staff respectfully requests approval of this
item Consideration and action.
9. The mayor and city council shall consider proposed Resolution No
13-24, declaring portions of public roadway easements located on
Descanso Road between 16th Avenue and 18th Avenue, Vista Road
between 16th Avenue and 19th Avenue, 18th Avenue between
Tomahawk Road and Wickiup Road, and 19th Avenue between Vista
Road and Wickiup Road, and described in extinguishment case
EX-13-24, are no longer necessary for public use as public roadway
easements and are hereby extinguished as present and future public
right-of-way Staff respectfully requests approval of this item
Consideration and action.
City of Apache Junction,Arizona Page 2 Printed on 10/28/2013
Akia-
City Council Meeting Agenda November 5,2013
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still
unfinished to include those items previously postponed or tabled No member of the public shall be
permitted to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk
J. NEW BUSINESS
The council shall consider any business not yet considered No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
10. Executive Session at 5 45 P M and Work Session at 7 00 P M for
Monday, November 18, 2013
11 Executive Session at 5 45 P M for Tuesday, November 19, 2013
Other meetings if necessary
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications,
comments or suggestions relating to city business that are not listed on the agenda All speakers must
have already submitted a wntten "Request to Speak"form to the city clerk no later than the conclusion
of the city manager's report portion of the agenda If there is a group speaking on the same item, they
should select a spokesperson All such remarks shall be addressed to the council as a whole and not to
any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium
or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to
speak about items that are not within the junsdiction of the city after being warned such issues are
beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss
the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker,'2)ask the
city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each
speaker must approach the podium, speak into the microphone,provide their name and address There
is a three(3)minute time limit per speaker
N ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through
Thursday from 7 00a-6 OOp, excluding holidays
If any person with a disability needs any type of accommodation,please notify Human Resources at
(480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time
City of Apache Junction,Arizona Page 3 Printed on 10/28/2013
3 . Consideration of the procurement of fleet vehicles for the
current fiscal year.
4 Consideration of approval of the procurement of fleet
equipment for the current fiscal year
5 Consideration on the ratification of award of contract to J.
Banicki Construction for project #PWC2013-12 "Palm /mk,
Wash/Southern Avenue Damage Structure Repairs" in an amount
not to exceed $220, 000. 00 .
ACCEPTED THIS 5TH DAY OF NOVEMBER, 2013, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA
SIGNED AND ATTESTED TO THIS 5TH DAY OF NOVEMBER, 2013 .
JOHN S . INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and
correct copy of the minutes of the regular meeting of the City
Council of the City of Apache Junction, Arizona, held on the
15th day of October, 2013 I further certify that the meeting
was duly called and held and that a quorum was present
Dated this 16th day of October, 2013.
KATHLEEN CONNELLY
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 15, 2013
PAGE 8 OF 8
City of Apache Junction, Arizona 300E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No 3
File ID: 13-336
Sponsor George Hoffman Agenda Date: 11/5/2013
Index In Control:City Council Meeting
Consideration of approval of Resolution No 13-38, repealing Resolution No 04-28 in its
entirety Resolution No 04-28 established a formal employee communications and problem
solving policy Consideration
Attachments. Resolution No 13-38 City Manager-Employee Communication Strategy
City of Apache Junction,Arizona Page 1 Printed on 10/28/2013
RESOLUTION NO. 13-38
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, REPEALING RESOLUTION NO
04-28 IN ITS ENTIRETY
WHEREAS, Resolution No 04-28 was enacted by the City
Council as a stand-alone resolution on October 19, 2004, which
established a formal city policy entitled "Employee
Communications and Problem Solving" , and
WHEREAS, the contents of Resolution No. 04-28 are outdated,
particularly since the city currently has fewer employees, fewer
employee groups than it did in 2004 , and there has since been a
decrease in budgetary funds for employee salaries and benefits
as well as employee programs, and
WHEREAS, the City Manager will, in the future, present to
Council a revised employee communication plan
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
SECTION I REPEALING RESOLUTION NO. 04-28
All resolutions and parts of resolutions in conflict with the
provisions of this resolution, including but not limited to
Resolution No. 04-28, in its entirety, are hereby repealed.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 .
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
JOHN S. INSALACO
Mayor
ATTEST.
RESOLUTION NO 13-38
PAGE 1 OF 2
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM
RICHARD J. STERN
City Attorney
p
RESOLUTION NO. 13-38
PAGE 2 OF 2
ROLL CALL VOTE
NOTES Yt
,`
V
AlInk
ITEM # , - MEETING OF
Pj\yor")
MOTION BY SECONDED BY..)
0A,t31/41
YES NO ABSTAINED
COUNCILMEMBER EVANS V
VICE MAYOR BARKER J
COUNCILMEMBER RIZZI V
COUNCILMEMBER WALDRON ✓
COUNCILMEMBER SERDY j/
COUNCILMEMBER WILSON V
MAYOR INSALACO J
UNANIM`O S IN FAVOR OPPOSED ABSTAINED
TOTAL
V
/IN IN
ON
7^
CONSENT AGENDA ITEM NOS. 1-3
I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND
THAT RESOLUTION NO. 13-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING RESOLUTION NO 04-
28 IN ITS ENTIRETY, BE APPROVED
City of Apache Junction, Arizona 300 E Superstition
,_ Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No 4
File ID: 13-342
Sponsor.John Insalaco Agenda Date: 11/5/2013
Index: In Control.City Council Meeting
Proclamation designating November 18, 2013 as Arizona Winter Visitors Day
Presentation.
Attachments 2013 Arizona Winter Visitors
City of Apache Junction,Arizona Page 1 Printed on 10/28/2013
ARIZONA WINTER VISITOR'S DAY
NOVEMBER 18,2013
WHEREAS, the City of Apache Junction, Arizona appreciates the many
winter visitors that inhabit our city and surrounding areas for
the winter months,and
WHEREAS, the merchants and businessmen and women in the area also
appreciate the increased revenues from the support and trade of
the numerous winter visitors;and
WHEREAS, many friendships,romances and close ties are made between the
City residents and our beloved winter visitors.
NOW, THEREFORE, I, John S. Insalaco, Mayor of the City of Apache
Junction,Arizona,do hereby proclaim November 18,2013 as
ARIZONA WINTER VISITOR'S DAY
in Apache Junction and do hereby show our support and appreciation for their
friendships,economy boost and enhancing our community
Signed and attested to this day of ,2013
JOHN S INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
F City of Apache Junction, Arizona 300E Superstition
• (1 Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
. ` , Agenda Item No 5
File ID 13-212
Sponsor George Hoffman Agenda Date 11/5/2013
Index. In Control City Council Meeting
41111164
City manager's report Presentation and discussion.
Attachments.
City of Apache Junction,Arizona Page 1 Printed on 10/28/2013
PUBLIC HEARING
OIN
1. For PROPOSED RESOLUTION NO. 13-09, DECLARING PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON CACTUS WREN FROM VISTA TO
WICKIUP,DESCRIBED IN EXTINGUISHMENT CASE EX-13-09,AS NO LONGER
NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS
2. Will PROJECT ENGINEER EMILE SCHMID speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not,this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
9. Roll call vote.
City of Apache Junction, Arizona 300 E Superstition
• Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.6.
File ID. 13-338
Sponsor Emile Schmid Agenda Date: 11/5/2013
Index. Community Infrastructure In Control:City Council Meeting
The mayor and city council shall consider proposed Resolution No 13-09, declaring portions
of public roadway easements located on Cactus Wren Street from Vista Road to Wickiup
Road, and described in extinguishment case EX-13-09, are no longer necessary for public use
as public roadway easements and are hereby extinguished as present and future public
right-of-way Staff respectfully requests approval of this item Consideration and action
Attachments Res 13-09 Council Memo pdf, Res 13-09 Resolution Combined pdf
p
City of Apache Junction,Arizona Page 1 Printed on 10/28/2013
,/ r Public Works Department
9el#ffr ,ff7i ea;Vvl/1
Home of the Superstition Mountains
4 �4y
Date. September 18, 2013 �►
To. Honorable Mayor and Members of the City Council
Through George Hoffman, City Manager
From Giao Pham P E , Public Works Director
Subject Extinguishment of Federal Patent Easements
Cactus Wren between Vista Drive and Wickiup Road
Proposed Resolution No 13-09
Federal Patent Easements (FPE's) are one means whereby property is accessed by our
citizens in portions of Apache Junction FPE's were established as a means to provide public
roadway access to Federal Patent parcels, and to mitigate the need of local government to
acquire right-of-way to provide access to otherwise landlocked parcels. FPE's are typically a
total of 66 feet in width with 33 feet on each side of common parcel lines
Cactus Wren from Vista Drive and Wickiup Road has never been opened for public use or
maintained by the City The roads are classified as local roadways. In addition, the FPE's do
not provide access to any parcels which would be landlocked in the event of extinguishment.
Area transportation would not be adversely affected by an extinguishment of these portions of
roadway easements
Warren Pennington filed an application for the extinguishment of the above mentioned portions
of roadway easements on March 26th, 2013. The application included a support petition signed
by the adjacent property owners, who support the extinguishment petition. The property owners
desire the use of the 33 feet for reduction of setbacks and to allow site improvements to
proceed
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480) 982-1055 • Fax (480) 982-8005
RESOLUTION NO. 13-09
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON CACTUS WREN STREET FROM VISTA
ROAD TO WICKIUP ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE
EX-13-09, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
oink ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT
AND FUTURE PUBLIC RIGHT-OF-WAY
WHEREAS, the City of Apache Junction, upon incorporation
became the holder of federally patented easements "FPEs" as
described in Exhibit A and depicted in Exhibit B, for public
roadway purposes; and
WHEREAS, such easements may be extinguished by local
municipalities pursuant to A.R S §§ 9-500 . 24 and 28-7214; and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of said public roadway
easements, and
WHEREAS, on March 26, 2013, 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, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on April 23, 2013, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Apache Junction Fire
District, as well as affected public utility providers; and
WHEREAS, no opposition statements were received from Salt
River Project, Arizona Water Company, Superstition Mountains
Community Facilities District No 1, Centurylink, Southwest Gas,
the Development Services Director, the Public Safety Director,
and the Apache Junction Fire District, 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
RESOLUTION NO. 13-09
PAGE 1 OF 4
WHEREAS, the City Engineer has determined that the
easements in question, because of their location, topography,
and encroachments, have no or de minimis public value.
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 roadway easements 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 roadway purposes, have no or de minimis public value,
and are hereby extinguished for public roadway right-of-way
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 CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 .
SIGNED AND ATTESTED TO THIS DAY OF , 2013.
JOHN S. INSALACO
Mayor
ATTEST:
0000,,
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J STERN
City Attorney
RESOLUTION NO. 13-09
PAGE 2 OF 4
or
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-03-045A and 103-03-043)
The South thirty-three feet (33' ) of the Northwest quarter of
the Northeast quarter of the Southwest quarter of the Northwest
quarter of Section 22, Township 1 North, Range 8 East of the
i'► Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the West thirty three feet (33' ) THEREOF;
PARCEL 2 (Adjacent to parcel 103-03-042A)
The South thirty-three feet (33' ) of the Northeast quarter of
the Northeast quarter of the Southwest 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 East thirty three feet (33' ) THEREOF;
PARCEL 3 (Adjacent to parcel 103-03-050A)
The North thirty-three feet (33' ) of the Southwest quarter of
the Northeast quarter of the Southwest 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 East thirty three feet (33' ) THEREOF;
PARCEL 4 (Adjacent to parcel 103-03-051B)
The North thirty-three feet (33' ) of the Southeast quarter of
the Northeast quarter of the Southwest 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 East thirty three feet (33' ) THEREOF;
RESOLUTION NO. 13-09
PAGE 3 OF 4
EXHIBIT "B"
_ SCENIC_ STREET
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045A ,/' / , 042A
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- - -r 66, I I- ft333
LEGEND
r //� /j PROPOSED EXTINGUISHMENT
33 I 33' //7 FEDERAL PATENT EASEMENT
— — — — — ►���7 DEDICATED RIGHT—OF—WAY
TYPICAL FPE/ROW DIMENSION --- ROAD CENTERLINE
(UNLESS OTHERWISE NOTED) PROPERTY LOTS
RESOLUTION NO. 13-09 1190086 PATENT DEEDS
PAGE 4 OF 4
ROLL CALL VOTE
0\
NOTES:
c17
21; .
ITEM # 9MEETING OF
(\,r \,v11 i
4ti?
MOTION BY I _SECONDED BY
YES NO ABSTAINED
COUNCILMEMBER WALDRON '
COUNCILMEMBER EVANS /
COUNCILMEMBER SERDY I
VICE MAYOR BARKER I
COUNCILMEMBER WILSON I
COUNCILMEMBER RIZZI ,1
1
MAYOR INSALACO \,I
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
"f
TOTAL
OIS
'III IN
ITEM NO. 6
I MOVE THAT RESOLUTION NO 13-09, A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, DECLARING THAT
PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON CACTUS WREN
STREET FROM VISTA ROAD TO WICKIUP ROAD, AND DESCRIBED IN
EXTINGUISHMENT CASE EX-13-09, ARE NO LONGER NECESSARY FOR PUBLIC USE
AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS
PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED).
PUBLIC HEARING
/'1
1. For PROPOSED RESOLUTION NO. 13-17,DECLARING PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON CHOLLA BETWEEN VISTA AND
WICKIUP AND RAINDANCE BETWEEN SUPERSTITION BOULEVARD AND
CODY,DESCRIBED IN EXTINGUISHMENT CASE EX-13-17,AS NO LONGER
NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS
2. Will PROJECT ENGINEER EMILE SCHMID speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not, this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
9. Roll call vote.
City of Apache Junction, Arizona 300E Superstition
t tf \5.
Boulevard
Agenda Item Cover Sheet Apache Junction AZ 85119
Agenda Item No.7.
.r„` File ID: 13-339
Sponsor. Emile Schmid Agenda Date: 11/5/2013
Index Community Infrastructure In Control. City Council Meeting
The mayor and city council shall consider proposed Resolution No 13-17, declaring portions
of public roadway easements located on Cholla Street between Vista Road and Wickiup Road
and Raindance Road between Superstition Boulevard and Cody Street, and described in
extinguishment case EX-13-17, are no longer necessary for public use as public roadway
easements and are hereby extinguished as present and future public right-of-way Staff
respectfully requests approval of this item Consideration and action
Attachments Res 13-17 Council Memo pdf, Res 13-17 Resolution Combined pdf
Allow
City of Apache Junction,Arizona Page 1 Printed on 10/28/2013
.— Mk,
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; ti Public Works Department
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`,: Home of the Superstition Mountains
4R1 O
Date. September 18, 2013 .004,
To Honorable Mayor and Members of the City Council
Through George Hoffman, City Manager
From Giao Pham P.E., Public Works Director
Subject. Extinguishment of Federal Patent Easements
Cholla Street between Vista Road and Wickiup Road
Raindance Road between Superstition Boulevard and Cody Street
Proposed Resolution No 13-17
Federal Patent Easements (FPE's) are one means whereby property is accessed by our
citizens in portions of Apache Junction. FPE's were established as a means to provide public
roadway access to Federal Patent parcels, and to mitigate the need of local government to
acquire right-of-way to provide access to otherwise landlocked parcels. FPE's are typically a
total of 66 feet in width with 33 feet on each side of common parcel lines
Cholla Street from Vista Road to Wickiup Road and Raindance Road from Superstition
Boulevard to Cody Street has never been opened for public use or maintained by the City The
roads are classified as local roadways In addition, the FPE's do not provide access to any
parcels which would be landlocked in the event of extinguishment Area transportation would
not be adversely affected by an extinguishment of these portions of roadway easements
Darren and Brandy Schiller filed an application for the extinguishment of the above mentioned
Almek
portions of roadway easements on July 1st, 2013 The property owners desire the use of the 33
feet for reduction of setbacks and to allow site improvements to proceed. The property owners
wish to construct a block wall surrounding the rest of their property to keep unwanted visitors
from crossing their property
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480)982-1055 • Fax (480) 982-8005
ON /11k
RESOLUTION NO. 13-17
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON CHOLLA STREET BETWEEN VISTA
ROAD AND WICKIUP ROAD AND RAINDANCE ROAD BETWEEN
SUPERSTITION BOULEVARD AND CODY STREET, AND DESCRIBED IN
EXTINGUISHMENT CASE EX-13-17, ARE NO LONGER NECESSARY FOR
PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY
EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY
WHEREAS, the City of Apache Junction, upon incorporation
became the holder of federally patented easements "FPEs" as
described in Exhibit A and depicted in Exhibit B, for public
roadway purposes; and
WHEREAS, such easements may be extinguished by local
municipalities pursuant to A R.S. §§ 9-500 .24 and 28-7214; and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of said public roadway
easements; and
WHEREAS, on July 1, 2013, 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, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on July 1, 2013, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Apache Junction Fire
District, as well as affected public utility providers, and
WHEREAS, no opposition statements were received from Salt
River Project, Arizona Water Company, Superstition Mountains
Community Facilities District No 1, Century Link, Southwest
Gas, the Development Services Director, the Public Safety
Director, and the Apache Junction Fire District; 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
RESOLUTION NO. 13-17
PAGE 1 OF 5
I^
WHEREAS, the City Engineer has determined that the
easements in question, because of their location, topography,
and encroachments, have no or de minimis public value.
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 eiN
find that the roadway easements 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 roadway purposes, have no or de minimis public value,
and are hereby extinguished for public roadway right-of-way
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 CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013.
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM.
RICHARD J. STERN
City Attorney
RESOLUTION NO 13-17
PAGE 2 OF 5
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-03-007)
The South thirty-three feet (33' ) and East thirty-three feet
(33' ) of the Northwest quarter of the Northeast quarter of the
Northwest quarter of the Northwest quarter of Section 22,
I^ Township 1 North, Range 8 East of the Gila and Salt River Base
and Meridian, Pinal County, Arizona;
EXCEPT the West thirty three feet (33' ) and the North fifty feet
(50' ) THEREOF;
PARCEL 2 (Adjacent to parcel 103-03-006)
The West thirty-three feet (33' ) and South thirty-three feet
(33' ) of the Northeast quarter of the Northeast quarter of the
Northwest 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 North fifty feet (50' ) and East thirty three feet
(33' ) THEREOF;
PARCEL 3 (Adjacent to parcel 103-03-013B)
The North thirty-three feet (33' ) and East thirty-three feet
(33' ) of the North half of the Southwest quarter of the
Northeast quarter of the Northwest 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 West thirty three feet (33' ) THEREOF;
PARCEL 4 (Adjacent to parcel 103-03-013A)
The East thirty-three feet (33' ) of the South half of the
Southwest quarter of the Northeast quarter of the Northwest
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 (33' ) THEREOF;
RESOLUTION NO. 13-17
PAGE 3 OF 5
f
PARCEL 5 (Adjacent to parcel 103-03-014A)
The West thirty-three feet (33' ) and the North thirty three feet
(33' ) of the West half of the Southeast quarter of the Northeast
quarter of the Northwest 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 (33' ) THEREOF, ems
PARCEL 6 (Adjacent to parcel 103-03-014B)
The North thirty three feet (33' ) of the East half of the
Southeast quarter of the Northeast quarter of the Northwest
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 East thirty three feet (33' ) THEREOF;
RESOLUTION NO. 13-17
PAGE 4 OF 5
EXHIBIT "B"
SUPERSTITION BOULEVARD
- - - - - - � P - - - - - - 7
II/
50' I I
,amk. /11
a I 007 006 I Q
0 0
0
/ / i _ _
264
I I
I i I I
013B
/ ._
1 I Y
co 0
014A 014B
I I
013A
I I IA
J I L _ _ _ _ _ _ L
CODY — — STREETr 66' .--
— —
- - I I- —66°33'3 LEGEND
_ — V/A PROPOSED EXTINGUISHMENT
--� 33'
FEDERAL PATENT EASEMENT
33 --{ ` — — — DEDICATED RIGHT—OF—WAY
TYPICAL FPE/ROW DIMENSION ROAD CENTERLINE
(UNLESS OTHERWISE NOTED) PROPERTY LOTS
RESOLUTION NO 13-17 1190086 PATENT DEEDS 1(2
PAGE 5 OF 5
ROLL CALL VOTE
NOTES
\\
ITEM # MEETING OF '
MOTION BY \ . 1 SECONDED BY
YES NO ABSTAINED
COUNCILMEMBER SERDY
COUNCILMEMBER RIZZI
COUNCILMEMBER EVANS J
COUNCILMEMBER WILSONV
COUNCILMEMBER WALDRON J1
VICE MAYOR BARKER
MAYOR INSALACO
UNANIMO11 IN FAVOR OPPOSED ABSTAINED
TOTAL
/'N
PN
ITEM NO. 7
I MOVE THAT RESOLUTION NO 13-17,A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, DECLARING THAT
PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON CHOLLA STREET
BETWEEN VISTA ROAD AND WICKIUP ROAD AND RAINDANCE ROAD BETWEEN
SUPERSTITION BOULEVARD AND CODY STREET, AND DESCRIBED IN
EXTINGUISHMENT CASE EX-13-17,ARE NO LONGER NECESSARY FOR PUBLIC USE
AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS
PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED).
/1 eiN
PUBLIC HEARING
1. For PROPOSED RESOLUTION NO. 13-18,DECLARING PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON 6TH AVENUE FROM GOLDFIELD TO
HILTON,DESCRIBED IN EXTINGUISHMENT CASE EX-13-18,AS NO LONGER
NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS
2. Will PROJECT ENGINEER EMILE SCHMID speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not, this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
9. Roll call vote.
AEI
^`~. A..,� City of Apache Junction, Arizona 300E Superstition
I . ,, Boulevard
.;e Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No 8
File ID 13-340
Sponsor: Emile Schmid Agenda Date• 11/5/2013
Index. Community Infrastructure In Control City Council Meeting
.am.,.
The mayor and city council shall consider proposed Resolution No 13-18, declaring portions
of public roadway easements located on 6th Avenue from Goldfield Road to Hilton Road, and
described in extinguishment case EX-13-18, are no longer necessary for public use as public
roadway easements and are hereby extinguished as present and future right-of-way Staff
respectfully requests approval of this item Consideration and action
Attachments' Res 13-18 Council Memo1 pdf, Res 13-18 Resolution Combined pdf
Amok
City of Apache Junction,Arizona Page 1 Printed on 10/28/2013
•AGH
Public Works Department
.
, ' ` 2 2�9)71317L70/212 ra;2117
Ci'J
4 ,•; Home of the Superstition Mountains
Date. September 18, 2013
To. Honorable Mayor and Members of the City Council
Through. George Hoffman, City Manager
From Giao Pham P.E , Public Works Director
Subject. Extinguishment of Federal Patent Easements
6th Avenue between Goldfield Road and Hilton Road
Proposed Resolution No 13-18
Federal Patent Easements (FPE's) are one means whereby property is accessed by our
citizens in portions of Apache Junction FPE's were established as a means to provide public
roadway access to Federal Patent parcels, and to mitigate the need of local government to
acquire right-of-way to provide access to otherwise landlocked parcels. FPE's are typically a
total of 66 feet in width with 33 feet on each side of common parcel lines
Sixth Avenue from Goldfield Road to Hilton Road has never been opened for public use or
maintained by the City The roads are classified as local roadways In addition, the FPE's do
not provide access to any parcels which would be landlocked in the event of extinguishment.
Area transportation would not be adversely affected by an extinguishment of these portions of
roadway easements.
Kristine Embach filed an application for the extinguishment of the above mentioned portions of
roadway easements on April 29th, 2013 The application included a support petition signed by
the adjacent property owners, who support the extinguishment petition. The property owners „ow
desire the use of the 33 feet for reduction of setbacks and to allow site improvements to
proceed.
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480) 982-1055 • Fax (480) 982-8005
RESOLUTION NO. 13-18
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON 6TH AVENUE FROM GOLDFIELD ROAD
TO HILTON ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-
18, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT
AND FUTURE PUBLIC RIGHT-OF-WAY
WHEREAS, the City of Apache Junction, upon incorporation
became the holder of federally patented easements "FPEs" as
described in Exhibit A and depicted in Exhibit B, for public
roadway purposes, and
WHEREAS, such easements may be extinguished by local
municipalities pursuant to A R.S §§ 9-500.24 and 28-7214, and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of said public roadway
easements; and
WHEREAS, on April 29, 2013, 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, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on April 29, 2013, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Apache Junction Fire
District, as well as affected public utility providers; and
WHEREAS, no opposition statements were received from Salt
River Project, Arizona Water Company, Superstition Mountains
Community Facilities District No. 1, Centurylink, Southwest Gas,
the Development Services Director, the Public Safety Director,
and the Apache Junction Fire District; 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
RESOLUTION NO. 13-18
PAGE 1 OF 4
WHEREAS, the City Engineer has determined that the
easements in question, because of their location, topography,
and encroachments, have no or de minimis public value.
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 roadway easements 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 roadway purposes, have no or de minimis public value,
and are hereby extinguished for public roadway right-of-way
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 CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013.
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
JOHN S INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-18
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-05-054B)
The South thirty-three feet (33' ) of the Southwest quarter of
the Northeast quarter of the Southeast quarter of the Southeast
quarter of Section 22, Township 1 North, Range 8 East of the
Almik Gila and Salt River Base and Meridian, Pinal County, Arizona,
EXCEPT the West thirty three feet (33' ) THEREOF;
PARCEL 2 (Adjacent to parcel 103-05-055A)
The South thirty-three feet (33' ) of the Southeast quarter of
the Northeast quarter of the Southeast quarter of the Southeast
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 fifty feet (50' ) THEREOF;
PARCEL 3 (Adjacent to parcel 103-05-057C)
The North thirty-three feet (33' ) of the Northwest quarter of
the Southeast quarter of the Southeast quarter of the Southeast
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 (33' ) THEREOF;
PARCEL 4 (Adjacent to parcel 103-05-056)
The North thirty-three feet (33' ) of the Northeast quarter of
the Southeast quarter of the Southeast quarter of the Southeast
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 fifty feet (50' ) THEREOF;
RESOLUTION NO. 13-18
PAGE 3 OF 4
...,
EXHIBIT "B"
\ \ \_ Nt., 4
054A 055B �� 4
0 I �♦t�;
< I .4
Ce
054B 055A4
- - - - >> 1
I , I 50' ♦�♦�
A A,
irAvrjAa
/ 3,7' i Air, 1
\ 4
Z 057C ,��G.
0
0560 �i�
iry
057F 057G , %%
J L- - - - - -\ - - - - %%
7TH - AVENUE XI
i
LEGEND
66' -•AL.-
! - 33 3' I//// PROPOSED EXTINGUISHMENT
PREVIOUSLY EXTINGUISHED
r 33' ~ } 33 //, FEDERAL PATENT EASEMENT
►� *- DEDICATED RIGHT-OF-WAY
TYPICAL FPE/ROW DIMENSION ROAD CENTERLINE
(UNLESS OTHERWISE NOTED) PROPERTY LOTS
1190086 PATENT DEEDS if
RESOLUTION NO 13-18 Z
ROLL CALL VOTE
NOTES:
Y)
\:17 j,
;') \5\
ITEM # I / MEETING OF q
MOTION BY SECONDED BY t"
YES NO ABSTAINED
VICE MAYOR BARKER �
COUNCILMEMBER WALDRON /j
COUNCILMEMBER WILSON Vl
COUNCILMEMBER EVANS
COUNCILMEMBER RIZZI lit
COUNCILMEMBER SERDY
MAYOR INSALACO j
UNANIMOUj IN FAVOR OPPOSED ABSTAINED
TOTAL �/
ON
•
/ 1% ITEM NO. 8
I MOVE THAT RESOLUTION NO 13-18, A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT
PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 6TH AVENUE FROM
GOLDFIELD ROAD TO HILTON ROAD, AND DESCRIBED IN EXTINGUISHMENT
CASE EX-13-18, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND
FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED).
ON
PUBLIC HEARING
1. For PROPOSED RESOLUTION NO. 13-24,DECLARING PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON DESCANSO BETWEEN 16TH AVENUE
AND 18TH AVENUE,VISTA BETWEEN 16TH AVENUE AND 19TH AVENUE,
18TH AVENUE BETWEEN TOMAHAWK AND WICKIUP,AND 19TH AVENUE
BETWEEN VISTA AND WICKIUP,DESCRIBED IN EXTINGUISHMENT CASE
EX-13-24,AS NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
ROADWAY EASEMENTS
2. Will PROJECT ENGINEER EMILE SCHMID speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not,this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
°IN 8. Call for a second.
9. Roll call vote.
Jam„Ir } 300E Superstition
City ofApache Junction, Arizona
Boulevard
�rr Apache Junction,AZ 85119
Agenda Item Cover Sheet.439
p
Agenda Item No 9
File ID: 13-341
Sponsor. Emile Schmid Agenda Date: 11/5/2013
Index.Community Infrastructure In Control:City Council Meeting
The mayor and city council shall consider proposed Resolution No 13-24, declaring portions
of public roadway easements located on Descanso Road between 16th Avenue and 18th
Avenue, Vista Road between 16th Avenue and 19th Avenue, 18th Avenue between Tomahawk
Road and Wickiup Road, and 19th Avenue between Vista Road and Wickiup Road, and
described in extinguishment case EX-13-24, are no longer necessary for public use as public
roadway easements and are hereby extinguished as present and future public right-of-way
Staff respectfully requests approval of this item Consideration and action.
Attachments: Res 13-24 Council Memo pdf, Res 13-24 Resolution Combined pdf
City of Apache Junction,Arizona Page 1 Printed on 10/28/2013
•ACH
ti Public Works Department
f?"`t.-:-.41 I ,* &0 .. ;VW7
: -ri:.> : Home of the Superstition Mountains
4p otk.
Date September 18, 2013
To. Honorable Mayor and Members of the City Council
Through George Hoffman, City Manager
From. Giao Pham P E , Public Works Director
Subject Extinguishment of Federal Patent Easements
Descanso Road between 16th Avenue and 18th Avenue
Vista Road between 16th Avenue and 19th Avenue
18th Avenue between Tomahawk Road and Wickiup Road
19th Avenue between Vista Road and Wickiup Road
Proposed Resolution No 13-24
Federal Patent Easements (FPE's) are one means whereby property is accessed by our
citizens in portions of Apache Junction. FPE's were established as a means to provide public
roadway access to Federal Patent parcels, and to mitigate the need of local government to
acquire right-of-way to provide access to otherwise landlocked parcels FPE's are typically a
total of 66 feet in width with 33 feet on each side of common parcel lines.
Descanso Road between 16th Avenue and 18th Avenue, Vista Road between 16th Avenue and
19th Avenue, 18th Avenue between Tomahawk Road and Wickiup Road, 19th Avenue between
Vista Road and Wickiup Road have never been opened for public use or maintained by the City
The roads are classified as local roadways In addition, the FPE's do not provide access to any
parcels which would be landlocked in the event of extinguishment Area transportation would
not be adversely affected by an extinguishment of these portions of roadway easements
Acer Homes LLC filed an application for the extinguishment of the above mentioned portions of
roadway easements on May 15th, 2013 The property owner desires the use of the 33 feet for
site improvements
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480)982-1055 • Fax (480) 982-8005
RESOLUTION NO 13-24
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON DESCANSO ROAD BETWEEN 16TH
AVENUE AND 18TH AVENUE, VISTA ROAD BETWEEN 16TH AVENUE AND
19TH AVENUE, 18TH AVENUE BETWEEN TOMAHAWK ROAD AND WICKIUP
ROAD, AND 19TH AVENUE BETWEEN VISTA ROAD AND WICKIUP ROAD,
AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-24, ARE NO
LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS
AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC
RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction, upon incorporation,
became the holder of roadway easements as described for public
roadway purposes over certain parcels of real property and more
particularly described in Exhibit A and depicted in Exhibit B,
and
WHEREAS, such easements may be extinguished by local
municipalities pursuant to A.R.S. §§ 9-500. 24 and 28-7214; and
WHEREAS, on May 15, 2013, 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, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on May 29, 2013, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Apache Junction Fire
District, as well as affected public utility providers; and
WHEREAS, no opposition statements were received from Salt
River Project, Arizona Water Company, Superstition Mountains
Community Facilities District No. 1, Century Link, Southwest
Gas, the Development Services Director, the Public Safety
Director, and the Apache Junction Fire District; 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
RESOLUTION NO 13-24
PAGE 1 OF 4
WHEREAS, the City Engineer has determined that the
easements in question, because of their location, topography,
and encroachments, have no or de minimis public value.
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 es
find that the roadway easements 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 roadway purposes, have no or de minimis public value,
and are hereby extinguished for public roadway right-of-way
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 CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013.
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM.
RICHARD J. STERN
City Attorney
RESOLUTION NO 13-24
PAGE 2 OF 4
1
Bel Agave Extinguishment Legal Descriptions
APN 103-20-005
The East 33 feet,the West 33 feet and the South 33 feet of the East half of the Northwest
Quarter of the Northwest Quarter of the Southwest Quarter of Section 27,Township 1
North,Range 8 East of the Gila and Salt River Base and Meridian, Pinal County,
Arizona.
APN 103-20-006
The East 33 feet and the South 33 feet of the West half of the Northwest Quarter of the
Northwest Quarter of the Southwest Quarter of Section 27,Township 1 North, Range 8
East of the Gila and Salt River Base and Meridian, Pinal County
APN 103-20-015
The North 33 feet,the South 33 feet and the West 33 feet of the North half of the
Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 27,
Township 1 North, Range 8 Fast of the Gila and Salt River Base and Meridian,Pinal
County.
EXCEPT, the North 17 feet of the East 496 feet,thereof.
APN 103-20-017
The North 33 feet and the East 33 feet of the North half of the Southwest Quarter of the
Northwest Quarter of the Southwest Quarter of Section 27,Township 1 North,Range 8
East of the Gila and Salt River Base and Meridian,Pinal County.
{
4I
1
LEGEND
F.P.E. FEDERAL PATENT EASEMENT
Lc 19 a g rg DKT. DOCKET
W. G. PAGE
SE . g c_ EXT1N I 6 ' 01 c_ PAPN ASSESSORS PARCEL NUMBER
T.1N., R.8E. "' '• `, rb•bUU M Ca
V/////2 F.P.E. TO BE EXTINGUISHED
--- ---- 46 - - j lei
1 t t
r
Z 1 4 33' FPE // 33' FPE
0 or / DKT.PG 12 8, �/�+DKT. 168, GRAPHIC SCALE
o l PG. ( 0 100 200
104 MOON
I
APN-103-20-006 / APN-103-20-005 1 INC' a• FT
33' F P.E., `l_ // / I Er .,,,�,:;,
PG 468 DKT DKT. 147, 33' F 147, /
PG. 468 `‘ �..
�48680�
w r-oo W aoa_co K' I .. DURAN T.
•
_4-, P� in ; I THOMPSO I
Mena // Mom r/, IgENA
��. .
i 0 Pr'/
O TX L 1 _/L/11L1L/111/l/J.zzziz/J L/J11� <C :1'2 0• risk
tx
La
,,,t-4�,,, 33' FPE. -d- ,
1 a N N DKT 163, to
33' F.P E,�" ."o a APN-103-20-017 PG 584 APN-103-20-015 M 8I F.P.E. TO REMAIN
DKT , 33' F P.E. 33' FPE 33' F P.E
PG 23322 1 DKT 252, DKT 252, DKT 163, _ ...la 33' F.P E
PG 232 - PG 232 PG 584 DKT ,
PG 584
/7777777 (7777777777/77/7777- /1/2
F.P.E. TO REMAIN r
CLIENT/PROJECT Duran Thompson, P.E.
BEL AGAVE D 8s M ENGINEERING 1020 East Gilbert Drive, Suite D
engineer®dmenglneer.com Tempe, AZ 85281
TITLE OHM PH (480 350-9590
F.P.E. EXTINGUISHMENT 1 OF 1 FAX (480) 350-9486
ROLL CALL VOTE
NOTES /1.\\.\1
CA
1i
ITEM # / MEETING OF
MOTION BY. SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER RIZZI �
COUNCILMEMBER WILSON V
VICE MAYOR BARKER
COUNCILMEMBER SERDY
COUNCILMEMBER EVANS
COUNCILMEMBER WALDRON
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL ���
fiN
ITEM NO. 9
I MOVE THAT RESOLUTION NO 13-24, A RESOLUTION OF THE MAYOR AND CITY
ogiN COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT
PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON DESCANSO ROAD
BETWEEN 16TH AVENUE AND 18TH AVENUE, VISTA ROAD BETWEEN 16TH
AVENUE AND 19TH AVENUE, 18TH AVENUE BETWEEN TOMAHAWK ROAD AND
WICKIUP ROAD, AND 19TH AVENUE BETWEEN VISTA ROAD AND WICKIUP ROAD,
AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-24, ARE NO LONGER
NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE
HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE
APPROVED) OR(BE DENIED).
ROLL CALL VOTE
NOTES j \\\0
ITEM # MEETING OF
MOTION BY: SECONDED BY: Cy
q
I
YES NO ABSTAINED
COUNCILMEMBER WILSON
COUNCILMEMBER SERDY
li
COUNCILMEMBER WALDRON J
COUNCILMEMBER RIZZI ✓
VICE MAYOR BARKER v
COUNCLMEMBEREVANS V
MAYOR INSALACO
UNANIMOU IN FAVOR OPPOSED ABSTAINED
TOTAL
O'N Oak
/"N
InN
ITEM NO. 10-11
I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M ,AND A WORK SESSION AT 7.00
P M , BE HELD ON MONDAY, NOVEMBER 18, 2013, IN THE CITY COUNCIL
CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND
'I\ THAT AN EXECUTIVE SESSION AT 5 45 P.M. BE HELD ON TUESDAY,NOVEMBER 19,
2013, IN THE CITY COUNCIL CONFERENCE ROOM
�ADJOURNMENT: Pt
I MOVE THAT THE MEETING BE ADJOURNED AT P M
ROLL CALL
WS: � 11 1 REG '' )7)) SPEC
CITY COUNCIL: P+// A P / P / A
MAYOR INSALACO
..•.. VICE MAYOR BARKER V i�
COUNCILMEMBER EVANS v
COUNCILMEMBER RIZZI 1/ ✓
COUNCILMEMBER SERDY / (/
COUNCILMEMBER WALDRON V ✓
COUNCILMEMBER WILSON V
TOTAL I
CITY STAFF \` .\ \i\/\L/1)
City Manager George Hoffman ✓
Assistant City Manager Bryant
Powell � ✓
City Clerk Kathleen Connelly
City Attorney Joel Stern ✓/ ✓
Public Safety Director Tom
Kelly ►►►///
Public Works Director Giao
.► Pham
Parks & Recreation Director
Jeff Bell
Library Director Spencer Paden
Finance Director Donna
Meinerts
Development Svcs Director
Brad Steinke
Human Resources Director Liz
Riley
Assistant to the City Manager ✓
Matt Busby
OTHERS:
TJ
1\fOf