HomeMy WebLinkAboutRES 04-08RESOLUTION NO.04-08
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
STAGECOACH ROAD BETWEEN WINDSONG STREET AND LOST DUTCHMAN BOULEVARD
DESCRIBED IN EXTINGUISHMENT CASE EX -2003-03.1S NO LONGER NECESSARY FOR
PUBLIC USE AS A PUBLIC ROADWAY'EASEMENT AND IS HEREBY EXTINGUISHED AS A
PRESENT OR FUTURE PUBLIC RIGHT -OF -WW,
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 September 26.
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 September 26,2003.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 December 1,2003,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 April 16.2004 opposed the extinguishment as long as the utility easement was
not eliminated;and
WHEREAS,as of April 16,2004,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 Cortez Road,Lost Dutchman Boulevard
and Windsong Street 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.04-08
PAGE 1 OF 6
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 1.
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,THIE18TH DAY OF MAY 2004
SIGNED AND ATTESTED TO THIS 14THpAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO.04-08
PAGE 2 OF 6
JUNE ,2004
APPROVED AS.TO FORM:
4 -22-41-
RICHARD J.STERN
City Attorney
RESOLUTION NO.04-08
PAGE 3 OF 6
EXHIBIT'
PARCEL i
(100-24-006C)
The east thirty-three feet (33')of the North half of the North half of the West
half of the Northwest quarter of the Northwest quarter of the Northeast quarter
of Section 15,Township 1 North.Range 8 East of the Gila and Salt River Base
and Meridian,Pinal County,Arizona.
EXCEPT the North Fifty feet (50')THEREOF.
PARCEL 2
(100-24-006D)
The east thirty-three feet (33')of the South half of the North half of the West
half of the Northwest quarter of the Northwest quarter of the Northeast quarter
of Section 15,Township 1 North,Range 8 East of the Gila and Salt River Base
and Meridian,Pinal County,Arizona.
PARCEL 3
(100-24-006E)
The East thirty-three feet (33')of the North half of the South half of the West
half of the Northwest quarter of the Northwest quarter of the Northeast quarter
of SeCtion 15,Township 1 North,Range 8 East of the Gila and Salt River Base
and Meridian,Pinal County,Arizona.
PARCEL 4
(100-24-006A)
The East thirty-three feet.' C33 )'of -the :South .Half of the South half of the West
half of the Northwest quarter:..pf the Northwest quarter of the Northeast quarter
of Section 15,Township 1 Nor'th..Range 8 -East of the Gila and Salt River Base
and Meridian,Pinal County,Arizona.
EXCEPT the South thirty-three feet (33')THEREOF.
RESOLUTION NO.04-08
PAGE 4 OF 6
PARCEL 5
(100-24-005B)
The West thirty-three feet (33')of the West half of the East half of the
Northwest quarter of the Northwest •quarter of Northeast quarter of Section 15,
Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian.
Pinal County,Arizona.
EXCEPT the South thirty-three feet (33')THEREOF.
RESOLUTION NO.04-08
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RESOLUTION NO.04-08
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EXHIBIT "B"
EX -03-03
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PROPOSED EXTINGUISHMENT
I_OST DUTCHMAN BLVID..
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