HomeMy WebLinkAboutRES 02-10RESOLUTION NO.02-10
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 SHIPROCK STREET BETWEEN ACACIA ROAD AND STARR ROAD
DESCRIBED IN EXTINGUISHMENT CASE EX -2002-01 IS NO LONGER NECESSARY FOR
PUBLIC USE AS A PUBLIC ROADWAY EASEMENT AND IS HEREBY EXTINGUISHED 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 28,
2001,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 28.2001,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 January 18.2002,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 May 7,2002 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 May 7.2002 and the Development Services
Director and Apache Junction Fire District had no objection as of May 7,2002
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.02-10
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 21ST DAY OF MAY 2002
SIGNED AND ATTESTED TO THIS 21ST DAY OF MAY .2002
DOUGLAS i COLEMAN
MAYOR
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J.STERN
City Attorney
RESOLUTION NO.02-10
PAGE 2 OF 4
EXHIBIT "A"
PARCEL 1
(100-27-007A)
The South thirty-three feet (33')of the South half of the West half of the
South half of the Northeast quarter of the Northwest quarter of the Southeast
quarter of Section 15,Township 1 North,Range 8 East of the Gila and Salt
River Base and Meridian,Pinal County,Arizona.
PARCEL 2
(100-27-007C)
The South thirty-three feet (33')of the South half of the East half of the
South half of the Northeast quarter of the Northwest quarter of the Southeast
quarter of Section 15,Township 1 North,Range 8 East of the Gila and Salt
River Base and Meridian,Pinal County,Arizona.
PARCEL 3
(100-27-017D)
The North thirty-three feet (33')of the North half of the Northwest quarter
of the Southeast quarter of the Northwest quarter of the Southeast quarter of
Section 15,Township 1 North,Range 8 East of the Salt River Base and
Meridian,Pinal County,Arizona.
PARCEL 4
(100-27-017E)
The North thirty-three feet (33')of the North half of the Northeast quarter
of the Southeast quarter of the Northwest quarter of the Southeast quarter of
Section 15,Township 1 North,Range 8 East of the Gila and Salt River Base
and Meridian,Pinal County,Arizona.
RESOLUTION NO.02-10
PAGE 3 OF 4
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