HomeMy WebLinkAboutRES 05-09RESOLUTION NO.05-09
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 MANZANITA STREET BETWEEN STARR ROAD AND
ACACIA ROAD DESCRIBED IN EXTINGUISHMENT CASE EX -2004-03 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 June 14,
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 June 14.2004.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(I),the
Director of Public Works on August 31.2004,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,Arizona Water Company,Mediacom AZ LLC,Superstition Mountain
Community Facilities District.and Southwest Gas,as of January 25,2005.
did not oppose the extinguishment as long as the public utility easement was
not eliminated:and
•WHEREAS,Salt River Project and Qwest Communications did not oppose
the extinguishment as long as the public utility easement was not eliminated.
and no encroachment with any permanent structures was allowed and drivable
access was present at all times:and
RESOLUTION NO.05-09
PAGE 1 OF 5
WHEREAS,as of February 7.2005,based upon comments from utilities,
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 Development Services Director had no objection provided
the existing federally patented easements for Acacia Road and Starr 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 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.THIS 19TH DAY OF APRIL .2005
RESOLUTION NO.05-09
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SIGNED AND ATTESTED TO THIS 19TH DAY OF APRIL
DOUGLAS C
MAYOR
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c;057—"
RICHARD J.STERN
City Attorney
RESOLUTION NO.05-09
PAGE 3 OF 5
LEMAN
,2005
EXHIBIT "A
PARCEL 1 (adjacent to 100-27-017F)
PP
The South thirty-three feet (33')of the South 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 Gila and Salt River Base
and Meridian,Pinal County.Arizona.
EXCEPT the West thirty-three feet (33')THEREOF.
PARCEL 2 (adjacent to 100-27-017G)
The South thirty-three feet (33')of the South 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.
EXCEPT the East thirty-three feet (33')THEREOF.
PARCEL 3 (adjacent to 100-27-022B)
The North thirty-three feet (33')of the North half of the Southeast 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.
EXCEPT the East thirty-three feet (33')THEREOF.
PARCEL 4 (adjacent to 100-27-022E)
The North thirty-three feet (33')of the North half of the West half of the
South half 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.
EXCEPT the West thirty-three feet (33')THEREOF.
RESOLUTION NO.05-09
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RESOLUTION NO.05-09
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