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HomeMy WebLinkAboutRES 86-40RESOLUTION NO.86-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A PORTION OF A ROADWAY LOCATED ON MANZANITA STREET BE VACATED,AND THAT THE TITLE TO SUCH PORTION OF ROADWAYS SHALL VEST IN THE NAMES OF DANIEL T.RUBY AND GLORIA A. RUBY AS JOINT TENANTS SUBJECT TO THE SAME ENCUMBERANCES,LIENS, LIMITATIONS,RESTRICTIONS,AND ESTATES AS EXIST ON THE LAND TO WHICH IT ACCRUES. WHEREAS,Daniel T.Ruby and Gloria A.Ruby requested that a portion of roadway located on Manzanita Street and more particularly described as: The South 25'of the South half of the West half of the Northwest quarter of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 18,Township 1 North,Range 8 East,of the Gila and Salt River Base &Meridian,Pinal County,Arizona. EXCEPTING the West 33'thereof and EXCEPTING all oil,gas and other mineral deposits,as reserved unto the United States of America in the Patent of said land. be vacated,and WHEREAS,the City of Apache Junction,Arizona,has no further need of certain portions of Manzanita Street,East of Desert View Drive for public use as a public right-of-way,and WHEREAS,the vacated roadway,i f approved,would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway or otherwise have access to a public road- way by a Federally Patented Easement,and WHEREAS,Daniel T.Ruby and Gloria A.Ruby had previously dedicated the above described parcel of land to the City of Apache Junction,Pinal County, Arizona,by a document recorded in the Pinal County Recorder's Office,dated October 1,1984. NOW THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction,Arizona,that the above -described roadway be vacated for public purposes, BE IT FURTHER RESOLVED that said roadway accrue to the following described land: The South half of the West half of the Northwest quarter of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 18,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona. EXCEPTING all oil,gas and other mineral deposits,as reserved unto the United States of America in the Patent of said land. BE IT FURTHER RESOLVED,that the City Manager of Apache Junction, Arizona,or his designee be authorized to execute a quit -claim deed to Daniel T. Ruby and Gloria A.Ruby as joint -tenants,not as tenants -in -common subject to all encumberances,liens,-limitations,restrictions,for the vacated roadway above -described and estates as exist on the land to which i t accrues and further subject to any and all Federally Patented Easements to which said parcel may be subject,and expressly reserving rights of ingress and egress for public and emergency vehicles,all property owners,their guests and invitees and persons lawfully conducting business on the land. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 21ST DAY OF OCTOBER ,1986. eAN' " f ° ' / 4NORS.HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: City Attorney RESOLUTION NO.86-40 PAGE TWO OF TWO