HomeMy WebLinkAboutRES 05-11RESOLUTION NO.05-11
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AUTHORIZING THE CREATION OF A
TWENTY-EIGHT FOOT (28')WIDE PRIVATE ACCESS WAY PURSUANT TO
THE APACHE JUNCTION CITY CODE,VOLUME II,LAND DEVELOPMENT
CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 20,PARKING,
LOADING,AND INTERIOR OR PRIVATE STREET STANDARDS,SECTION
20.0108 PRIVATE ACCESS WAY STANDARDS,IN CASE PA -1-05,FOR
THE PURPOSE OF PROVIDING LEGAL ACCESS TO A LAND -LOCKED PARCEL.
WHEREAS,the Apache Junction City Code,Volume II,Land.
Development Code,Chapter 1,Zoning Ordinance,Article 20,Parking,
Loading,and Interior or Private Street Standards,Section 20.0108,
Interior or Private Street Standards,allows the creation of the
private access ways to provide legal access to land -locked parcels;and
WHEREAS,a private easement,twenty-eight feet (28')in width,
was granted by the underlying property owner to the owner of an
adjacent lot within the City of Apache Junction,near the intersection
of 16°Avenue and Desert View Street,of which is described as follows:
Located in the Southwest quarter of Section 30,Township 1
North,Range 8 East of the Gila and Salt River Baseline and
Meridian,Pinal County Arizona,more particularly described as:
COMMENCING at the center of said Section 30,the intersection
of 16°Avenue and Delaware Road;
THENCE South 89°55'40"West,along the East-West mid -section
line of said Section 30,a distance of 488.35 feet:
THENCE South 0°01'09"West,a distance of 40.00 feet to the
POINT OF BEGINNING of the center line of said easement;
THENCE South 0°01'09"West,a distance of 408.41 feet to the
center of a 50.00 foot circle,having a.radius of 50.00 feet.
RESOLUTION NO.05-11
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INCLUDING a 20 -foot by 20 -foot cutoff corner at the intersection
of said private access way and 16' Avenue.
WHEREAS,on January 25,2005,the City of Apache Junction
Planning and Zoning Commission,after holding a public hearing,did
recommend approval of a private access way;and
WHEREAS,satisfactory evidence has been received to indicate
that the requested private access way would not present a potential
hazard to vehicular and/or pedestrian traffic,if approved:and
WHEREAS,the requested private access way would not be
detrimental to the public health,safety and welfare.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of
the City of Apache Junction,Arizona,that a private access way,as
described above,be approved subject to the following conditions:
1)The private access way shall be twenty-eight feet (28')in
width and provide a twenty foot by twenty foot (20'x 20')
cutoff at the 16' Avenue intersection,as illustrated
in Case PA -1-05,on file with the Planning Division of the
Development Services Department.
2)The private access way can remain in its existing composition
and at its current location.No further improvements are
required at this time.If complaints are received regarding
dust in the future,the City Engineer may,at his or her
discretion,require the installation of paving material.
3)This private access way only establishes legal access to
the parcel known as 102-18-002B (as described and illustrated
in Case PA -1-05).No other parcels,now existing or created in
the future,can utilize the access way for any purpose nor for
the establishment of legal access.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 1ST DAY OF MARCH ,2005.
SIGNED AND ATTESTED TO THIS 151 DAY OF MARCH 2005.
RESOLUTION NO.05-11
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,• 9 0 1 /,4—& k t - ' •
DOUGLAS C EMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J.STERN
City Attorney
RESOLUTION NO.05-11
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