HomeMy WebLinkAboutRES 92-02RESOLUTION NO.92-02
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,DECLARING THAT CERTAIN DEDICATED
RIGHT-OF-WAY DESCRIBED AS A PORTION OF SMYTHE DRIVE,
MAY,UPON THE HAPPENING OF CERTAIN CONDITIONS SET FORTH
HEREIN,BE NO LONGER NECESSARY FOR PUBLIC USE AS A
ROADWAY AND HEREBY CONDITIONALLY VACATED AS A PRESENT OR
FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS,the City of Apache Junction,Arizona has authorized the entry into an
agreement to have right-of-way dedicated from Ronald E.Scott and Susan Scott,
husband and wife;and
WHEREAS,one of the terms and conditions of said agreement to dedicate right-of-
way is that the City of Apache Junction agrees to conditionally vacate a portion
of Smythe Drive;and
WHEREAS,the conditions precedent to vacation of the aforementioned portion of
Smythe Drive would not leave any parcel in 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
dedicated right-of-way for public rights -of -way purposes as described herein is
classified as a local street by the City of Apache Junction,and i f the
conditions as contained in the aforementioned agreement to dedicate right-of-way
are met,would mean that the designated portion of Smythe Drive would no longer
be necessary for public use as a street.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of
Apache Junction,Arizona,that the dedicated public right-of-way,as shown on
Exhibit "A" and described on Exhibit "B",attached hereto,and by this reference
incorporated herein,shall be extinguished and vacated as a present or future
public right-of-way upon the occurrence of the following terms and conditions:
1.That the vacation shall not be effective until,or unless,the City
of Apache Junction obtains twelve feet (12')of dedicated right-of-
way along the easterly side of Lots 2,4,6 and 8 of Daum's
Subdivision as recorded in the records of Pinal County,State of
Arizona.
2.That if any of the property owners of said Lots 2,4,6 and 8 fail,
neglect or refuse to either respond within thirty (30)days after
RESOLUTION NO.92-02
PAGE ONE OF TWO
being notified by the City of Apache Junction of a request that they
dedicate the aforementioned twelve feet (12')of right-of-way,or
refuse to dedicate the aforementioned twelve feet (12') of right-of-
way within sixty (60)days from the date of request,then the
vacation of the right-of-way described as shown on Exhibit "A" and
described on Exhibit "B"shall have no legal force or effect.
3.That the City of Apache Junction upon any vacating of right-of-way
as described herein,hereby reserves,saves and excepts from the
right-of-way being vacated a public utility easement for the purpose
of surveying,constructing,operating,maintaining,removing,
replacing or abandon in place and controlling utility facilities,
including but not limited to,electric,gas,telephone,cable
television,water,wastewater and drainage,together with all
reasonable rights of ingress and egress necessary for the exercise
of the rights reserved herein.It is understood that any owner of
the real property,subject to this reservation of easement,will
have the right to use the easement premises in any manner that will
not prevent or interfere with the exercise by each utility of the
rights reserved hereby, provided,however,that no owner of the real
property subject to this reservation shall obstruct, or permit to be
obstructed, the easement premises at any time whatsoever without the
express prior written consent of each utility.
Be it further resolved that if any of the conditions of dedication as heretofore
set forth have not been met,then the vacation created by this resolution shall
not have any legal force or effect,whatsoever.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 4TH DAY OF FEBRUARY ,1992.
SIGNED AND ATTESTED TO THIS 5TH DAY OF FEBRUARY ,1992.
(79siu:s\AAA..-C apf,"Zam—t
THOMAS DAMIANO
Mayor
ATTEST:
KATHL
CitvitTpOk
4 V A 19 FORM:
1 /I '1
BUT
City ittorney
RESO6TION NO.92-02
PAGE TWO OF TWO,