HomeMy WebLinkAboutRES 82-61RESOLUTION NO.82-61
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,DECLARING THAT A CERTAIN
FEDERALLY PATENTED EASEMENT FOR PUBLIC RIGHT-OF-WAY
PURPOSES ON WEST WINDSONG STREET IS NO LONGER NECESSARY
FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AND
EXTINGUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS,LeRoy Moser has made application for the abandonment
of a federally patented easement on the property described in this
resolution;and
WHEREAS,the requested abandonment i s an easement for public
right-of-way purposes described as follows:
These parcels of land all located i n Section 18,Township 1
North,Range 8 East,Gila and Salt River Base and Meridian,Apache
Junction,Pinal County,Arizona;more particularly described as follows:
Parcel No.1
The south 33 feet of the Northeast of the Northeast i of the
Northwest i ;EXCEPT the west 33 feet,and EXCEPT the east 40 feet
thereof.
Parcel No.2
The north 33 feet of the Southeast A of the Northeast i of the
Northwest i ;EXCEPT the west 33 feet,and EXCEPT the east 40
feet thereof.
WHEREAS,the Apache Junction,Arizona,City Council did pass
Resolution No.79-44,on December 5,1979,said resolution having
portions which need to be amended to clarify the intention and
ability of the city to abandon certain public rights -of -way;and
WHEREAS,the abandonment requested,i f approved,would not
leave a parcel i n separate ownership without access to an established
public roadway connecting such lands with another public roadway;and
WHEREAS,the City Council of the City of Apache Junction,Arizona,
finds that the said federally patented easement for public right-of-
way purposes as described herein is classified as a local street on
the Apache Junction Street Classification Plan,and is no longer
necessary for public use as a roadway;and
WHEREAS,the general plan of the city of Apache Junction,Arizona,
provides that local streets may be abandoned when the public need cannot
be shown to warrant retaining the roadway,and i n this case retention
does not appear to be warranted;
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of
the City of Apache Jucntion,Arizona,that the above -described federally
patented easement reserved for public right-of-way purposes is hereby
abandoned and extinguished as a present and future right-of-way subject to
the conditions listed under "Conditions of Abandonment."
Conditions of Abandonment
The owner of the property described as follows i s the applicant for
the abandonment,subject of this resolution:
Parcel No.1
The Northeast J4 of the Northeast of the Northwest k of Section
18,Township 1 North,Range 8 East,Gila and Salt River Base andMeridian,Apache Junction,Pinal County,Arizona.
RESOLUTION NO.82-61
PAGE TWO
Parcel No.2
The Southeast *of the Northeast *of the Northwest
of Section 18,Township 1 North,Range 8 East,Gila and
Salt River Base and Meridian,located i n Apache Junction,
Pinal County,Arizona.
The property owner,or his heirs,devisees,assignees,transferees,
and personal representatives,does hereby:
Section 1:Agree to transmit to the city of Apache Junction,
Arizona,by quitclaim deed,the title to any road
easement rights -of -way which abut the above -described
property,said quitclaim deed to transmit the rights-
of -way as set forth on the City of Apache Junction
Street Classification Plan;
Section 2:Agree to enter into such agreements satisfactory
to the city,as set forth in the Apache Junction
Development Guide,as to street improvements as
required by the city for the right-of-way as set
forth in Section 1 of these "Conditions";
Section 3:Enter into a Development Plan for the development
of the mobile home park with the city of Apache
Junction,Arizona;provided the plan shall have
no requirements more stringent than those require-
ments of the zoning ordinance in effect at the
time of submittal of the Development Plan.
BE IT FURTHER RESOLVED that the abandonment of the public
right-of-way has no effect on reservations for public utility
easements.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,THIS 2ND DAY OF NOVEMBER ,
1982.
ATTEST:
CrInnpllyKaffileenConnelly
City Clerk
APPROVED AS TO FORM:
City Attorney
6ndell J.
Mayor
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