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HomeMy WebLinkAboutRES 92-05RESOLUTION NO.92-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,DECLARING THAT A CERTAIN DEDICATED RIGHT-OF-WAY COMMONLY KNOWN AS GREASEWOOD STREET DESCRIBED IN ABANDONMENT CASE AB -91-04,IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY AND IS HEREBY VACATED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS,the requested vacation is a Dedicated right-of-way for public rights -of -way purposes described as a parcel of land located in Section 17, Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Apache Junction,Pinal County,and more particularly as follows: Parcel 1 - The south thirty-three feet (33')of the East 270.92 feet of the South 165.00 feet of the South half of the Northwest quarter of the Southeast quarter of the Southwest quarter of Section 17;and together with a 20'x 20'cut off further described as; Commencing at the Southeast corner of the NW 1/4 of the SE 1/4 of the SW 1/4;Thence North along the East line of the NW 1 /4 of the SE 1/4 of the SW 1/4 a distance of 53'to a point;Thence West along a line parallel to and 53'North of the South line of the NW 1/4 of the SE 1/4 of the SW 1/4, a distance of 33'to the POINT OF BEGINNING;Thence South along a line parallel to and 33'West of the East line of the NW 1/4 of the SE 1/4 of the SW 1/4,a distance of 20'to a point;Thence West along a line parallel to and 33'North of the South line of the NW 1/4 of the SE 1/4 of the SW 1/4,a distance of 20'to a point;Thence Northeasterly back to the POINT OF BEGINNING. EXCEPT the East thirty-three feet (33'). Parcel 2 - The North thirty-three feet (33')of the West half of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 17;and together with a 20'x 20'cut off further described as: Commencing at the Northwest corner of said West half of the SW 1/4 of the SE 1/4 of the SW 1/4 of Section 17;Thence westerly along the North line of said parcel a distance of 53';Thence Southerly along a line parallel to and 53'East of the West line of said parcel a distance of 33'to the the POINT OF BEGINNING;Thence Westerly along a line parallel to and 33' South of the North line of said parcel a distance of 20'to a point; Thence Southerly along a line parallel to and 33'East of the West line of said parcel a distance of 20'to a point;Thence Northeasterly back to the POINT OF BEGINNING. EXCEPT the West thirty-three feet (33'). WHEREAS,the vacation requested would not leave a parcel in separate ownership without access to an established public roadway connecting such lands with another public roadway,or have access by a Federally Patented Easement which may in the future be developed;and RESOLUTION NO.92-05 PAGE ONE OF TWO WHEREAS,the City Council of The City of Apache Junction,Arizona,finds that said 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 is no longer 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 above -described Dedication reserved for public right-of-way purposes is hereby extinguished and vacated as present or future public rights -of -way. BE IT FURTHER RESOLVED 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 purposes of surveying,constructing,operating,maintaining,removing,replacing or abandon in place and controlling utility facilities,including but not limited to electric,gas telephone,water,wastewater,and drainage,cable television, 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 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 18th DAY OF February ,1992. SIGNED AND ATTESTED TO THE 19th DAY OF February ,1992. THOMAS DAM IANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO.92-05 PAGE TWO OF TWO