HomeMy WebLinkAboutRES 96-01RESOLUTION NO.96-01
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,DECLARING THAT CERTAIN FEDERALLY PATENTED EASEMENTS FOR PUBLIC
ROADWAY PURPOSES DESCRIBED AS RAINDANCE ROAD FROM 10TH AVENUE TO 12TH
AVENUE.DESCRIBED IN ABANDONMENT CASE AB -95-03,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,the requested abandonments is a Federally Patented Easement for
public roadway purposes adjacent to parcels of land all located in Section 27,
Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Apache
Junction,Pinal County,and more particularly as described in Exhibit "A".
WHEREAS,the abandonment 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 via a Federally Patented Easement
which may in the future be developed;and
WHEREAS,the City Council of The City of Apache Junction, Arizona,finds that
said Federally Patented Easement as described herein,is classified as a local
street on the Street Classification Plan,and is no longer necessary for public
use as a roadway.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of
Apache Junction,Arizona:
1.That pursuant to the authority of A.R.S.§28-1902.1 and 28-1902.2 the public
roadway described on Exhibit A.Attached hereto and by this reference incorporated
herein,is hereby authorized to be exchanged for dedicated public roadway
described on Exhibit B.attached hereto and by this reference set forth.
2.That the aforementioned exchange is conditioned upon the following terms and
conditions:
a)That the owners of the roadway described on Exhibit "B"present
satisfactory proof of ownership evidencing ownership of said property and
demonstrating ability to convey said property to the City of Apache Junction free
by warranty deed;and
b)That the owners of the roadway execute and deliver to the City Engineer
such deeds as may be necessary to convey title to the property described in
Resolution No.96-01
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Exhibit "B" to the City of Apache Junction by warranty deed.
4.That upon receipt of such deeds,necessary to convey title to the property
described on Exhibit "B"to the City of Apache Junction,free and clear of all
liens and encumbrances,the City Engineer is authorized to record all necessary
documents.
BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Apache
Junction,Arizona,that the above -described Federally Patented Easement reserved
for public roadway purposes is hereby extinguished and abandoned as present or
future public right-of-way.
BE IT FURTHER RESOLVED that the abandonment of a public right to a roadway
does not extinguish the reservations for public utility easements.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 20TH DAY OF FEBRUARY ,1996.
SIGNED AND ATTESTED TO THE 26TH DAY OF FEBRUARY
ATTEST:
KATHLEEN CONNELLY
City Clerk
Resolution No.96-01
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DOUGLAS pLEMAN
Mayor
,1996.
EXHIBIT "A"
Parcels of land all located in Section 27,Township 1 North,Range 8 East of the
Gila and Salt River Base and Meridian,Pinal County,Arizona,and more
particularly as follows:
Part 1-(adjacent to the east side of parcel # 103-19-010A)
The East Thirty-three feet (33')of the Northwest quarter of the Southeast
of the Northwest quarter of the Northwest quarter of said Section.
EXCEPT THE NORTH THIRTY-THREE FEET (33')THEREOF.
Part 2-(Adjacent to the west side of parcel # 103-19-01113)
The West Thirty-three feet (33')of the North half of the Northeast quarter
of the Southeast of the Northwest quarter of the Northwest quarter of said
Section.
EXCEPT THE NORTH THIRTY-THREE FEET (33')THEREOF.
Part 3-(Adjacent to the west side of parcel # 103-19-011A)
The West Thirty-three feet (33')of the South half of the Northeast quarter
of the Southeast quarter of the Northwest quarter of the Northwest quarter
of said Section.
Part 4-(Adjacent to the west side of parcel # 103-19-011C)
The West Thirty-three feet (33')of the Southeast quarter of the Southeast
quarter of the Northwest quarter of the Northwest quarter of said Section.
EXCEPT THE SOUTH THIRTY-THREE FEET (33')THEREOF.
Part 5-(Adjacent to the east side of parcel # 103-19-01013)
The East Thirty-three feet (33')of the North half of the Southwest quarter
of the Southeast quarter of the Northwest quarter of the Northwest quarter
of said Section.
Resolution No.96-01
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(EXHIBIT "A" CONTINUED)
Part 6-(Adjacent to the east side of parcel # 103-19-010C)
The East Thirty-three feet (33')of the South half of the Southwest quarter
of the Southeast quarter of the Northwest quarter of the Northwest quarter
of said Section.
EXCEPT THE SOUTH THIRTY-THREE FEET (33' )THEREOF.
Resolution No.96-01
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EXHIBIT "B"
Parcels of land all located in Section 27,Township 1 North,Range 8 East of the
Gila and Salt River Base and Meridian,Pinal County,Arizona,and more
particularly as follows:
Part 61 -(adjacent to parcel # 103-19-010A)
The West thirty-three feet (33')of the Northwest quarter of the Southeast quarter
of the Northwest quarter of the Northwest quarter of said Section.
Part B2 -(adjacent to parcel #103-10-010B)
The West thirty-three feet (33')of the North half of the Southwest quarter of
the Southeast quarter of the Northwest quarter of the Northwest quarter of said
Section.
Part 63 -(adjacent to parcel #103-19-010C)
The West thirty-three feet (33')and the South thirty-three feet (33')of South
half of the Southwest quarter of the Southeast quarter of the Northwest quarter
of the Northwest quarter of said Section.
Part B4 -(adjacent to parcel # 103-19-0116)
The East thirty-three feet (33')of the North half of the Northeast quarter of the
Southeast quarter of the Northwest quarter of the Northwest quarter of said
Section.
Part B5 -(adjacent to parcel # 103-19-011A)
The East thirty-three feet (33') of the South half of the Northeast quarter of the
Southeast quarter of the Northwest quarter of the Northwest quarter of said
Section.
Part 66 -Cadjacent to parcel # 103-19-011C)
The East thirty-three feet (33')and the South thirty-three feet (33')of the
Southeast quarter of the Southeast quarter of the Northwest quarter of the
Northwest quarter of said Section.
Resolution No.96-01
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