HomeMy WebLinkAboutRES 06-32RESOLUTION NO. 06-32
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 1ST AVENUE
BETWEEN TOMAHAWK ROAD AND DESCANSO ROAD DESCRIBED IN
EXTINGUISHMENT CASE EX -2006-04 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 April 12, 2006, 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 12, 2006, 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 3, 2006, 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 June 27, 2006, 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 object, provided the utility easement was not abandoned or
RESOLUTION NO. 06-32
PAGE 1 OF 5
'WHEREAS, the Development Services Director had no objection
provided the existing 33' federally patented easements for
adjacent Streets are dedicated to the City by the abutting
property owners and 40' is dedicated on Junction Drive is
dedicated by the owner of parcel 103-04-007A, an additional 17
feet of roadway is dedicated on Tomahawk Road by owners of
parcels 103-04-008B and 103-04-007D ; 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 easements 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 15TH DAY OF AUGUST
2006.
SIGNED AND ATTESTED TO THIS 15TH DAY OF AUGUST
S 4 1 4 ,0 0 ILM01/4
DOUGLAS OLEMAN
MAYOR
RESOLUTION NO. 06-32
PAGE 2 OF 5
, 2006.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
C 1 1. 6 %0 ‘•3 0 .0 6
RICHARD J. STERN
City Attorney
RESOLUTION NO. 06-32
PAGE 3 OF 5
EXHIBIT " A "
PARCEL 1 (adjacent to 103-04-007D)
The South thirty-three feet (33') of the South 121 feet of the
West 164 feet of the Northwest quarter of the Northwest quarter
of the Northwest quarter of the Southwest 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 2 (adjacent to 103-04-007A)
The South thirty-three feet (33') of the East half of the
Northwest quarter of the Northwest quarter of the Northwest
quarter of the Southwest 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 3 (adjacent to 103-04-008B)
The North thirty-three feet (33') of the North half of the
Southwest quarter of the Northwest quarter of the Northwest
quarter of the Southwest 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') and.
EXCEPT the West fifty feet (50') THEREOF.
RESOLUTION NO. 06-32
PAGE 4 OF 5
u I
70
F-
EXHIB IT B''
AB -06-04
PROPOSED EXTINGUISHMENT
•FC-1711\11:1 -AVE.'
I 1-7"
RESOLUTION NO.0 6 - 3 2
PAGE 5 OF 5