HomeMy WebLinkAboutRES 05-02RESOLUTION NO. 05-02
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS
OF PUBLIC ROADWAY EASEMENTS LOCATED ON DESCANSO ROAD
BETWEEN SUPERSTITION BOULEVARD AND CODY STREET AND
OHIO STREET BETWEEN TOMAHAWK ROAD AND VISTA ROAD
DESCRIBED IN EXTINGUISHMENT CASE EX -2004-02 ARE NO
LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY
EASEMENTS AND ARE HEREBY EXTINGUISHED AS A PRESENT OR
FUTURE PUBLIC RIGHTS -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 April 20, 2004, 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 April 20, 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 May 14, 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),
public utilities Salt River Project and Southwest Gas, as of
December 15, 2004, and Qwest Communications as of March 23, 2005
did not oppose the extinguishment as long as the public utility
easement was not eliminated; and
WHEREAS, Arizona Water Company does not oppose the
extinguishment as long as the property owners provide Arizona
Water Company an easement; and
RESOLUTION NO. 05-02
PAGE 1 OF 6
WHEREAS, as of March 23, 2005 based on responses from Qwest
Communications and Arizona Water Company, the City Engineer and
Public Works Director recommended extinguishment of the roadway
easement, while the Department of Public Safety Director had no
objection thereto; and
WHEREAS, the Superstition Mountain Community Facilities
District No. 1 has no objection to the abandonment, as they have
no current service and no planned future service in the area;
and
WHEREAS, the Development Services Director had no objection
and recommends that the existing federally patented easements
for Vista Road and Cody Street are dedicated to the City by the
abutting property owners, and that fifty feet on Superstition
Boulevard and Tomahawk Road are dedicated to the City by the
abutting property owners; and
WHEREAS, the Apache Junction Fire District had no objection
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.
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 easements are hereby extinguished for public
roadway and right-of-way purposes.
Section 3
RESOLUTION NO. 05-02
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PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 5TH DAY OF APRIL
2005.
SIGNED AND ATTESTED TO THIS 5TH DAY OF
DOUGLAS COLEMAN
MAYOR
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
006- i7os
RICHARD J. STERN
City Attorney
RESOLUTION NO. 05-02
PAGE 3 OF 6
APRIL , 2005.
EXHIBIT "A"
PARCEL 1 (adjacent to 103-03-009B)
•
The South thirty-three feet (33') of the West half of the
Northwest quarter of the Northwest quarter of the Northwest
quarter of the Northwest quarter of Section 22, Township 1
North, Range 8 East of the Gila •and Salt River Base and
Meridian, Pinal County, Arizona.
EXCEPT the West fifty feet (50') and the North fifty feet (50')
THEREOF.
PARCEL 2 (adjacent to 103-03-009A)
The South thirty-three feet (33') and the East thirty-three feet
(33') of the East half of the Northwest quarter of the Northwest
quarter of the Northwest quarter of the Northwest quarter of
Section 22, 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 3 (adjacent to 103-03-008B)
The West thirty-three feet (33') and the South thirty-three feet
of the West half of the Northeast quarter of the Northwest
quarter of the Northwest quarter of the Northwest quarter of
Section 22, 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 4 (adjacent to 103-03-008A)
The South thirty-three feet (33') of the East half of the
Northeast quarter of the Northwest quarter of the Northwest
quarter of the Northwest quarter of Section 22, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona.
EXCEPT the North fifty feet (50') and the East thirty-three feet
(33') THEREOF.
RESOLUTION NO. 05-02
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PARCEL 5 (adjacent to 103-037 010)
The North thirty-three feet (33') and the East thirty-three feet
of the North half of the Southwest quarter of the Northwest
quarter of the Northwest quarter of the Northwest quarter of
Section 22, Township 1 North, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona.
EXCEPT the West fifty feet (50') THEREOF.
PARCEL 6 (adjacent to 103-03-011)
The East thirty-three feet (33') of the South half of the
Southwest quarter of the Northwest quarter of the Northwest
quarter of the Northwest quarter of Section 22, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona.
EXCEPT the West fifty feet (50') and the South thirty-three feet
(33') THEREOF.
PARCEL 7 (adjacent to 103-03-012A)
The North thirty-three feet (33') and the West thirty-three feet
(33') of the North half of the Southeast quarter of the
Northwest quarter of the Northwest quarter of the Northwest
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona.
EXCEPT the East thirty-three feet (33') THEREOF.
PARCEL 8 (adjacent to 103-03-012C)
The West thirty-three feet (33') of the South Half of the
Southeast quarter of the Northwest quarter of the Northwest
quarter of the Northwest quarter of Section 22, 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') and the East thirty-
three feet (33') and a 20' x 20' cutoff THEREOF.
RESOLUTION NO. 05-02
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RESOLUTION NO. 05-02
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