HomeMy WebLinkAboutRES 03-21RESOLUTION NO.03-21
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,DECLARING THAT A PORTION OF PUBLIC ROADWAY DEDICATION LOCATED ON
PALO VERDE DRIVE,SOUTH FROM 16TH AVENUE,A DISTANCE OF 550 FEET,AS
DESCRIBED IN ABANDONMENT CASE AB -2003-02 IS NO LONGER NECESSARY FOR PUBLIC
ROADWAY PURPOSES AND IS HEREBY ABANDONED AND VACATED AS PRESENT OR FUTURE
PUBLIC RIGHT-OF-WAY.
WHEREAS,the City of Apache Junction became the owner of the right-of-way by
Quit -Claim Deed executed on February 4,1983.and recorded at Pinal County in
Docket 1152-878 for that certain parcel 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 June 10,2003,
the fee simple owners of the property filed an application with the Apache
Junction Public Works Department to abandon the above -referenced roadway right-
of-way:and
WHEREAS,on June 10,2003,the owners also paid the required non-refundable
filing fee in application for the abandonment 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 26,2003,submitted copies of the application for comment
to the Development Services Director,the Public Safety Director,and the City
Engineer:and
WHEREAS,as of August 28,2003.the City Engineer,Public Works Director,
Development Services Director,and Director of the Department of Public Safety
recommended abandonment of the right-of-way:and
WHEREAS,the abandonment 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
WHEREAS,said dedicated right-of-way described and depicted in Exhibits A and B
is classified as a local street on the Street Classification Plan:and
WHEREAS,pursuant to A.R.S.§28-7208,the City Engineer has valued the property
at $100.00,taking into consideration the degree of fragmentation.necessary
drainage mitigation,marketability and other public benefits.
RESOLUTION NO.03-21
PAGE 1 OF 2
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of
Apache Junction,Arizona,as follows:
I.The Mayor and City Council find the dedicated roadway described and
depicted in these attached exhibits is no longer needed and is hereby abandoned
and vacated.
2.The title to the vacated roadway shall vest in the owners of the land
abutting the vacated roadway.
3.Upon payment from the abutting property owner of the consideration
determined by the City Engineer for the roadway,staff is authorized to execute
any and all ownership documents to finalize the abandonment.
4.This abandonment will not effect any existing sewer,gas,water,cable,
telephone,storm,irrigation and other utility or private easements.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA THIS 6TH DAY OF JANUARY ,x74113 2004.
SIGNED AND ATTESTED TO THIS 6TH DAY OF JANUARY ,xaaaa 2004.
DOUGLAS COLEMAN
MAYOR
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J.STERN
City Attorney
RESOLUTION NO.03-21
PAGE 2 OF 2
EXHIBIT "A"
The West thirty feet (30') of the West 530'of the Northwest quarter of the Northeast quarter of
the Southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River
Base and Meridian, Pinal County, Arizona.
EXCEPT the East 100' feet thereof; and
EXCEPT the North 40 feet thereof.
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