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HomeMy WebLinkAboutORD16ORDINANCE NO. 16 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING THE CODE OF THE CITY OF APACHE JUNCTION BY ADDING "CHAPTER 13 PUBLIC WORKS" AND MORE PARTICULARLY ADDING ARTICLE 13-2-2 ENTITLED "DEFINITIONS" AND ARTICLE 13-2-4 ENTITLED "STREET ABANDONMENT", AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL AS FOLLOWS: Section A CHAPTER 13 PUBLIC WORKS Article 13-1 (Reserved) Article 13-2 Streets and Sidewalks Article 13-1 (Reserved) Article 13-2 Streets and Sidewalks 13-2-1 (RESERVED) 13-2-2 DEFINITIONS 13-2-3 STREET IMPROVEMENTS 13-2-4 STREET ABANDONMENT 13-2-1 (Reserved) 13-2-2 Definitions Abandon, Abandoning, Abandonment - Any one of the methods as set forth in this Article whereby the City Council may dispose of streets or portions of streets no longer necessary for public use as streets. Abutting - Two or more lots or parcels of land sharing a common boundary line. Easement - An interest in a defined area of land granted to or owned by another that entitles its holder to specific limited uses and/or purposes. Grantee - Recipient of the interest conveyed by the Grantor. Owner - The person who has the right to possess and use real property to the exclusion of others. Person - Any individual, corporation, partnership, company, firm, association and any other form of multiple organization who may carry on business, foreign or domestic, or their successors or assigns, or the agent of any of the aforesaid. Right-of-way - The entire strip of land lying between the property lines of a street, thoroughfare, alley, or easement. Roadway - All or part of any platted or designed public street, highw4y) alley, lane, parkway, avenue, road, sidewalk, public utility easement, or other public way, whether or not it has been used as such, 13-2-3 Street Improvements (reserved) 13-2-4 Street Abandonment 1.Disposition of Unnecessary Public Roadway When in the discretion of the City Council a public roadway owned by the City, or a portion of such roadway is no longer necessary for public use as a roadway, the City Council may dispose of or use the same as follows: (A)A roadway oi portion thereof may be exchanged with an abutting owner for all or part of a new public roadway and when so exchanged, title shall Vest in each party as deeded. (B)The City Council may sell and by quitclaim deed, convey the land within such roadway or portion thereof, and thereuppni such roadway or portion thereof shall be deemed to be vacated, and title therein shall vest in the grantee, provided that if such grantee is an abutting owner, title shall vest subject to the same encumberances, liens, limitations, restrictions, and estates as exist on the grantee's abutting land. 2.Allocation of Vacated Roadway The following shall be the order and method for determining allocation of vacated property. (A)In the event that the width of a roadway is to be vacated, the order of obtaining the.right to title shall be: (1)First, owner(s) of the land abutting the vacated roadway to the same extent that the land included within the roadway, at the time the roadway was acquired for public use, was a part of the subdivided land or was part of the adjacent land. (2)Second, owners on the opposite side of the roadway from said owner in sub -section (1) immediately above, for any or all of the portion not desired by said sub -section (1) owner. (3)Third, the person making to the City Council the best offer, provided that the offer meets at least the minimum requirements as established by the City Council. (B)In the event that less than the entire width is vacated, title to the vacated portion shall vest in the owners of the land where and to the degree the land is abutting such vacated portion. (C)In the event that a roadway bounded by straight lines is vacated, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking to the center of the roadway, except as provided in paragraphs (A) and (B) of this sub -section. In the event that the boundary lines of abutting lands do not intersect such roadways at a right angle, the land included within such roadway shall vest as provided in paragraph (D) of this sub -section. (D)In all instances not specifically provided for, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking that portion of the vacated roadway to which his land, or any part thereof, is nearest in proximity. (E)No portion of a roadway upon vacation shall accrue to an abutting roadway. 3.Access to Public Road No roadway shall be vacated so as to leave any land adjoining such roadway without an established public road connecting such lands with another public roadway. 4.Reservation of Easements Rights -of -way or easements for any one or all of existing sewer, gas, water or similar pipelines and appurtenances and for canals, laterals, or ditches and appurtenances and for electric, telephone, and sim- ilar lines and appurtenances shall continue as they existed prior to the disposal or abandonment of the public roadway; provided that if all easement grantees grant their approval, with or without con- ditions; the City Council may vacate said easements, provided all con- ditions of all said grantees are met. 5.Resolution of Disposition:Effective When Recorded A City Council resolution disposing of a roadway or portion thereof or applying such roadway to another public use shall describe the roadway and set forth its disposition or use.The resolution shall take effect when it is recorded in the Office of the County Recorder of the County within which the land in consideration lies. 6.Extinguishment of Easements If the City owns no title to a roadway but holds right-of-way ease- ments only such easements may be extinguished by resolution of the City Council. 7.Abandonment of Roadways or Utility Easements - Application and Filing: Generally Any person desiring to have any roadway or easement abandoned shall make application for the same on forms approved by and filed with the Apache Junction Department of Public Works. 8.Abandonment of Roadways or Utility Easements - Application and Filing - Processing Fee. A non-refundable fee of $250.00 is required for processing applications for abandonment of roadways or easements.No application for abandon- ment hereafter shall be accepted by the Department of Public Works until the application fee is paid.However, no fee shall be charged when the application for abandonment is initiated by the City. 9.Abandonment of Roadways or Utility Easements - Public Hearing Required Prior to consideration of a requested roadway abandonment, the City Council shall hold a public hearing upon the petition. All requests which shall be submitted after the adoption of this Ordinance shall be advertised as follows: A.At least one time in a newspaper of local circulation no sooner than fifteen days, nor more than thirty days, before the public hearing. B.By posting three notices of public hearing one of which must be upon the subject right-of-way and two which shall be on public rights -of -way visible to the general public and within 500 feet of the subject site. 10.Abandonment of Roadways or Utility Easements - Required Reports Upon application for abandonment of roadways or easements to the Director of Public Works, the said Director shall submit copies of the application, and all appropriate attachments thereto, to the Director of Planning and Director of Public Safety for their recommendation.The Director of Public Works shall thereupon prepare and submit a consolidated report to the City Manager. SECTION B EMERGENCY CLAUSE The immediate operation of the provisions for the preservation of the public peace, City of Apache Junction, and an emergency and this ordinance shall be in full force of this Ordinance is necessary health, and safety of the is hereby declared to exist, and effect from and after this passage, adoption and approval by the City -Council of Apache Junction. PASSED AND ADOPTED by the City Council of Apache Junction, A.#zona, this 5th day of December 1979. ATT T: City Clerk APPROVED AS TO FORM: f l City Attorney