HomeMy WebLinkAboutRES79-44RESOLUTION 79-44
A RESOLUTION OF THE CITY OF APACHE JUNCTION, ARIZONA APPROVING
THE ABANDONMENT OF CERTAIN RIGHT-OF-WAY ON WEST WINDSONG STREET
BETWEEN NORTH DELAWARE DRIVE AND NORTH DESERT VIEW DRIVE: AND
DECLARING AN EMERGENCY.
WHEREAS, Mr. Leroy Moser is the owner of those properties which
abut that portion of West Windsong Street which is the subject for con-
sideration of abandonment; and
WHEREAS, Mr. Leroy Moser has by written letter (having no formal
procedures adopted).requested the City Council abandon subject section
of West Windsong Street; and
WHEREAS, the City Council has held a public hearing upon this
request and has heard no overriding adverse comments; and
WHEREAS, Mr. Leroy Moser has agreed to execute certain affidavits
in consideration of this request including assurances to provide for
an adequate road system to be substituted in the immediate vicinity
of the subject area; and
WHEREAS, Mr. Leroy Moser has indicated to the City Council that
the abandonment is necessary in order to develop the mobile home park,
which shall be called "Development Plan",he does thereby agree to
develop the park as substantially depicted on the "Development Plan";
otherwise the right-of-way shall revert to the City of Apache Junction;
provided further that by a recording hereof the duty to construct the
"Development Plan" shall run with the land and become the obligations
of the successors or assigns of owners of the property subject to the
development plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF
APACHE JUNCTION, ARIZONA, THAT:
1.Pursuant to Chapter 13, Article 2 of the Code of the City of
Apache Junction, the City of Apache Junction does hereby
abandon subject to the occurrance of the conditions precedent
listed below with respect to title to that portion of West
Windsong Street between North Delaware Drive and North Desert
View Drive, the property described in Exhibit "A", attached
hereto and incorporated herein, effective upon recording here-
of in the Office of the Pinal County Recorder.
CONDITIONS OF AND PRECEDENT TO ABANDONMENT
A.That all exercise of easement rights existing in the sub-
ject right-of-way on the date of this resolution are
reserved to the respective users; provided that upon the
unanimous consent of users the easement may be abandoned.
-2-
B.That Mr. Leroy Moser enter into such agreements satis-
factory to the City, as to street improvements.
C.That Mr. Leroy Moser enter into such agreements satisfactory
to the City, as to the "Development Plan".
D.That Mr. Leroy Moser transmit to the City of Apache
Junction, by quitclaim deed, the title to any public
easement right-of-way which might abut the property
subject to the mobile home park "Development Plan" for
right-of-way purposes.
2.WHEREAS, the immediate operation of the provisions of this
resolution is necessary for the preservation of the public peace, health,
safety, and general welfare, an emergency is hereby declared to exist
and this resolution shall be in full force and effect from, and after
its passage, by the City Council as required by the City Council.
Approved this day of e.4,12441.., yl79.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
11.619.51g-nockrix:)."_
CITY ATTORNEY
Exhibit "A"
The legal description as submitted by Mr. LeRoy Moser of that portion
of W. Windsong Street between N. Delaware Drive and N. Desert View
Drive is as follows:
The South 33 feet of the S1/2 NE1/4 NE1/4 and North 33
feet of the N1/2 SE1/4 NE1/4 of Section 18,-T.1N., R. 8E.,
G. and S.R.S. and M., Pinal County, Arizona.
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