HomeMy WebLinkAboutRES 06-31RESOLUTION NO. 06-31
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 STAGECOACH
ROAD BETWEEN 1ST AVENUE AND 2ND AVENUE DESCRIBED IN
EXTINGUISHMENT CASE EX -2006-03 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 March 23, 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 March 23, 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 April 21, 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, Salt River Project, Qwest Communications,
Arizona Water Company, Mediacom AZ LLC, Superstition Mountain
Community Facilities District, and Southwest Gas, as of June
23, 2006, did not oppose the extinguishment as long as the
public utility easement was not eliminated; and
WHEREAS, as of June 23, 2006, based upon comments from
utilities, the Public Works Director recommended extinguishment
RESOLUTION NO. 06-31
PAGE 1 OF 5
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 33' federally patented easements for
adjacent Streets are dedicated to the City by the abutting
property owners and 40' is dedicated on Cortez Road; 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.
RESOLUTION NO. 06-31
PAGE 2 OF 5
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.
n e a
DOUGLAS( COLEMAN
MAYOR
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4936.66
RICHARD J. STERN
City Attorney
RESOLUTION NO. 06-31
PAGE 3 OF 5
EXHIBIT " A "
PARCEL 1 (adjacent to 103-05-009)
The East thirty-three feet (33') of the Southwest quarter of the
Northwest quarter of the Northwest quarter of the Southeast
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 thirty-three feet (33') AND
EXCEPT the North thirty-three feet (33') THEREOF.
PARCEL 2 (adjacent to 103-05-010A)
The West thirty-three feet (33') of the North half of the
Southeast quarter of the Northwest quarter of the Northwest
quarter of the Southeast 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 thirty-three feet (33') THEREOF.
PARCEL 3 (adjacent to 103-05-010B)
The West thirty-three feet (33') of the South half of the
Southeast quarter of the Northwest quarter of the Northwest
quarter of the Southeast 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') THEREOF.
RESOLUTION NO. 06-31
PAGE 4 OF 5
EXHIBIT B''
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RESOLUTION NO.0 6 - 31
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