HomeMy WebLinkAboutRES 04-21RESOLUTION NO.04-21
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA.DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT
LOCATED ON WARREN STREET BETWEEN BOWMAN ROAD AND CORTEZ ROAD DESCRIBED
IN EXTINGUISHMENT CASE EX/AB-2004-01 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 federally patented
easements 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 March 29,
2003,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 March 29.2004.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(1).the Director of
Public Works on April 29.2004.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(1).no public utility
as of August 27.2004 opposed the extinguishment as long as the utility
easement was not eliminated:and
WHEREAS.as of August 27.2004.the City Engineer and Public Works Director
recommended extinguishment of the easement,and the Department of Public
Safety Director has no objection thereto:and
WHEREAS.the Development Services Director had no objection provided the
existing Federally Patented Easements for Tepee Street.Bowman Road and
Cortez .Road are dedicated to the City by the abutting property owners:and
WHEREAS.Apache Junction Fire District had no objection to the approval of
the extinguishment request:and
RESOLUTION NO.04-21
PAGE 1 OF 5
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.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of
Apache Junction.Arizona,as follows:
Section I.
The City Council of the City of Apache Junction.Arizona finds that the
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.
Section 2
The above -described easement is hereby extinguished for public roadway and
right-of-way purposes.
Section 3
The public utility easement is unaffected by this resolution,as the City has
no legal authority to extinguish public utility easements.No construction
of buildings will be permitted on the utility easements.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS19TH DAY OF OCTOBER.:..2004
SIGNED AND ATTESTED TO THIS19TH DAY OF OCTOBER
DOUGLAS C
MAYOR
RESOLUTION NO.04-21
PAGE 2 OF 5
.2004
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c=0 ci .27.
RICHARD J.J.STERN
City Attorney
RESOLUTION NO.04-21
PAGE 3 OF 5
EXHIBIT
PARCEL 1
(100-26-001)
The South thirty-three feet (33')of the North half of the Northeast quarter
of the Northeast 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 West thirty-three feet (33')and the East forty feet (40')
THEREOF.
PARCEL 2
(100-26-012)
The North thirty-three feet (33')of the South half of the Northeast quarter
of the Northeast 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 West thirty-three feet (33')and the East forty feet (40')
THEREOF.
RESOLUTION NO.04-21
PAGE 4 OF 5
EXHIBIT "B"
AB -04-01
PROPOSED EXTINGUISHMENT
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RESOLUTION NO.04-21
PAGE 5 OF 5
40'