HomeMy WebLinkAboutRES 06-21RESOLUTION NO. 06-21
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 FORREST STREET
BETWEEN CORTEZ ROAD AND BOWMAN ROAD DESCRIBED IN
EXTINGUISHMENT CASE EX -2006-01 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 January 27, 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 January 27, 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 February 17, 2006, submitted
copies of the application for comment to the Development Services
Director, the Public Safety Director, the Apache Junction Fire
District 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, Qwest Communications,
Arizona Water Company, Mediacom AZ LLC, Superstition Mountain
Community Facilities District, and Southwest Gas, as of June 16,
2006, did not oppose the extinguishment as long as the public
•utility easement was not eliminated; and
WHEREAS, as of June 16, 2006, based upon comments from
utilities, 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;
and
WHEREAS, the Apache Junction Fire District had no objection
to the approval of the extinguishment request; and
RESOLUTION NO. 06-21
PAGE 1 OF 5
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 , 2006.
RESOLUTION NO. 06-21
PAGE 2 OF 5
DOUGLAIrCOLEMAN
MAYOR
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
6:36.cg
RICHARD J. STERN
City Attorney
RESOLUTION NO. 06-21
PAGE 3 OF 5
EXHIBIT " A "
PARCEL 1 (adjacent to 100-25-026A)
The South thirty-three feet (33') of the Northeast quarter of the
Northeast quarter of the Southeast quarter of the Northwest
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 forty feet (40') THEREOF.
PARCEL 2 (adjacent to 100-25-026B)
The South thirty-three feet (33') of the Northwest quarter of the
Northeast quarter of the Southeast quarter of the Northwest
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 3 (adjacent to 100-25-027)
The North thirty-three feet (33') of the South half of the
Northeast quarter of the Southeast quarter of the Northwest
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 forty feet (40'); and
EXCEPT the West thirty-three feet (33') THEREOF.
RESOLUTION NO. 06-21
PAGE 4 OF 5
EXHIBIT B''
AB -06-02,
PROPOSED EXTINGUISHMENT
40'
RESOLUTION NO.0 6 - 21
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