Loading...
HomeMy WebLinkAboutRES 01-09RESOLUTION NO.01-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,DECLARING THAT A PORTION OF A PUBLIC ROADWAY EASEMENT LOCATED ON WARREN STREET BETWEEN VISTA ROAD AND WICKIUP ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2001-01 IS NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINQUISHED AS A PRESENT OR FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS.the City upon incorporation became the holder of a federally patented easement for public roadway purposes over certain parcels of real property described in Exhibit A and depicted in Exhibit B:and WHEREAS,pursuant to Apache Junction City Code §13-2-4(G).on December 29. 2000,the fee simple owners of the property,filed an application with the Apache Junction Public Works Department to extinguish the roadway easement: and WHEREAS,on December 29.2000,the owners also paid the required non- refundable filing fee in application for the extinguishment pursuant to Apache Junction City Code §13-2-4(H)and WHEREAS.pursuant to Apache Junction City Code §13-2-4(I),the Director of Public Works on June 6.2001.submitted copies of the application for comment to the Development Services Director,the Public Safety Director,and the City Engineer,as well as all public utility providers:and WHEREAS.pursuant to Apache Junction City Code §13-2-4(I).no public utility as of August 7.2001 opposed the extinguishment as long as the utility easement portion was not extinguished:and WHEREAS,the City Engineer and Public Works Director recommended to deny extinguishment of the easement on June 25.2001 and the Development Services Director and Apache Junction Fire District had no objection as of July 2. 2001 to the approval of the extinguishment request:and WHEREAS,the extinguishment request,if approved,would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement:and Resolution No.01-09 Page 1 of 4 WHEREAS,the City Council of the City of Apache Junction,Arizona finds that said federally patented roadway easement described and depicted in Exhibits A and B is classified as a local street on the Street Classification Plan,and is no longer necessary for roadway purposes. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction,Arizona,as follows: Section 1. The above -described easement is hereby extinguished for public right-of-way. Section 2 The easement for public utilities is unaffected by this resolution,as the City has no legal authority to extinguish such public utility easement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION.ARIZONA.THIS 4TH DAY OF SEPTEMBER ,2001 SIGNED AND ATTESTED TO THIS 4TH DAY OF SEPTEMBER .2001 DOUGLAS OLEMAN MAYOR ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: l g 13-1-c)1 RICHARD J.STERN City Attorney Resolution No.01-09 Page 2 of 4 EXHIBIT "A" Parcel 1 The South thirty-three feet (33')of the North half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 15,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County,Arizona. EXCEPT the East and the West thirty-three feet thereof. Parcel 2 The North thirty-three feet (33')of the South half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 15,Township 1 North.Range 8 of the Gila and Salt River Base and Meridian,Pinal County. Arizona. - —---— — - -49CDCO (f)b _ _ — A2PID 1^.7.V7D7 E.® 260' , . @ c,.. EXHIBIT "B" - - - SHIPROCK®•s.,z.., MANZANITA---ST - - - - - SIESTA--ST C 0 0 © Qk r2-6 DAKOTA VItti AGE I F? a D COM r — --11 U.S.A CA i'LLT ION BLVD. S = Support 33 D c• r-\QC() S.50 Requested Abandonment Area