HomeMy WebLinkAboutRES 98-26RESOLUTION NO.98-26
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,RESCINDING RESOLUTION NO.97-19,A RESOLUTION
FOR A ROADWAY ABANDONMENT CONTAINING AN INCORRECT LEGAL
DESCRIPTION AND OTHER CLERICAL ERRORS;AND ADOPTING THE NECESSARY
CORRECTIONS;AND PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED
SECTION 28-1907,DECLARING THAT A PORTION OF A PUBLIC ROADWAY
EASEMENT DESCRIBED AS THE NORTH 50 FEET OF A 100 FOOT EASEMENT
NORTH OF THE SECTION LINE AT EAST BASELINE AVENUE,FROM 1/4 MILE
EAST OF TOMAHAWK ROAD TO CORTEZ ROAD,DESCRIBED IN ABANDONMENT
CASE AB -97-01,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 City of Apache Junction,pursuant to Annexation Case AN -6-
96 (Ordinance No.988),became the holder of an easement for public roadway
purposes over a certain parcel of real property described in Docket 259 Page
390,of the records of Pinal County,Arizona;and
WHEREAS,the City has determined that it will not presently need,nor
will i t need in the future,a portion of said easement;and
WHEREAS,the City Council of the City of Apache Junction,on July 1,
1997,approved Resolution No.97-19 for the abandonment of said easement,but
said Resolution contained an incorrect legal description and other clerical
errors;and
WHEREAS,i t is the City Council's desire to rescind Resolution No.97-19
and hereby does so with the adoption of this Resolution No.98-26;and
WHEREAS,the City still desires to abandon a portion of the
aforedescribed easement,and hereby does so with a correct legal description,
described as follows:
The North fifty feet of the South one hundred feet of the Southeast
quarter of the Southwest quarter of Section 34,Township 1 North,
Range 8 East of the Gila and Salt River Base and Meridian,Pinal
County,Arizona;
RESOLUTION NO.98-26
PAGE 1 OF 3
EXCEPT the East forty feet together with a parcel of land
described as follows:Commencing at the South 1/4 corner of
Section 34,Township 1 North,Range 8 East of the Gila and Salt
River Base and Meridian,Pinal County,Arizona;thence South 89°
45'12"West along the South line of said Section 34,a distance
of 60.00 feet;thence North 00 14'48"West,a distance of 50.00
feet to the True Point of Beginning;thence Northeasterly to a
point which is 40.00 feet West of the north -south mid -section line
of Section 34 and 70.00 feet North of the South section line of
said Section 34;thence South 00 16'55"East 20.00 feet;thence
South 89°45'12"Mast,a distance of 20.00 feet back to the Point
of Beginning;and
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 by 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 fifty feet of the one hundred foot easement for public roadway
purposes as described herein 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,as follows:
Section 1.That the above -described easement is hereby extinguished and
abandoned as present or future use as an easement for public right-of-way.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 6TH DAY OF OCTOBER ,1998.
SIGNED AND ATTESTED TO THE 8TH DAY OF OCTOBER ,1998.
DOUGLAS CgLEMAN
Mayor
RESOLUTION NO.98-26
PAGE 2 OF 3
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
1 '25.1 g
RICHARD JOEL STERN
City Attorney
RESOLUTION NO.98-26
PAGE 3 OF 3
EXEMPT PER
A.R.S. 542-1614A(3)
When recorded, mail to:
City of Apache Junction
c/o Planning Division
Development Services Dept.
1001 N. Idaho Road
Apache Junction, AZ 85219
CERTIFICATE
I certify that I am the duly appointed, qualified and acting
City Clerk of the City of Apache Junction, Arizona; that as
such,I have in my possession all of the resolutions as
adopted by the City Council of the City of Apache Junction,
Arizona; and that the attached is a true and correct copy of
Resolution No. 98-26, which was presented to the City Council
on the 6th Day of October, 1998, as it appears in my records.
(67 7)/y (r5e
Date Kathleen Connelly
City Clerk
CITY O F APACHE JUNCTION
1001 North Idaho Road,Apache Junction,AZ 85219
(ph. 602-982-8002 or FAX 602-.982-7018)