HomeMy WebLinkAboutRES 07-28RESOLUTION NO. 07-28
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 WINCHESTER ROAD
FROM 29TH AVENUE AND EXTENDING SOUTH A DISTANCE OF 280
FEET DESCRIBED IN EXTINGUISHMENT CASE EX -2006-05 IS NO
LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY
EASEMENT AND IS HEREBY EXTINGUISHED AS A PRESENT OR
FUTURE PUBLIC ROADWAY.
WHEREAS, the City upon incorporation became the holder of an
easement as described in Docket 177 Page 232 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),
in September, 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, in September, 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 November 7, 2006, submitted
copies of the application for comment to the Development Services
Director, the Public Safety Director, the City Engineer, the
Apache Junction Fire District, as well as all affected public
utility providers; and
WHEREAS, no opposition to the extinguishment was received
however staff recommended the applicant provide a twenty (20)
foot drainage easement; and
WHEREAS, based upon comments from staff and responding
utilities, the Public Works Director recommended extinguishment
of the roadway easement; 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:
RESOLUTION NO. 07-28
PAGE 1 OF 2
5
Section 1
The City Council of the City of Apache Junction, Arizona finds
that the 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 purposes.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF AUGUST
2007.
SIGNED AND ATTESTED TO THIS 7Th
ATTEST:
KATHLPPN coNNRLLv
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 07-28
PAGE 2 OF 2
DAY OF AUGUST , 2007
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the west 40 feet of the East half, of the NW Quarter (E 1/2, NW 1/4), of Section
33,Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County,
Arizona, and more particularly defined as follows:
Commencing at the Northwest comer of the S1/2, NW1/4, SE1/4, NWII4, of said Section 33;
Thence southerly along the west line of said S1/2, NW1/4, SE1/4, NW1/4, of Section 33, a
distance of 50 feet, to a point, said point being on the west line of the roadway easement as
recorded in the
Records of Pinal County, Arizona, Docket 177, Page 232, and also known as the True Point of
Beginning (TPOB);
Thence southerly along said west line (Winchester Rd.), a distance of 280 feet, more or less to a
point, said point being the west line of said roadway easement, and being coincident with the
northerly right-of-way line of the State of Arizona property;
Thence easterly along said northerly right-of-way line a distance of 40 feet, to a point on the
easterly easement line of Winchester Rd. (being parallel to and 40 feet east of said westerly
easement line);
Thence northerly along said easterly easement line, a distance of 280 feet, more or less;
Thence westerly a distance of 40 feet to the True Point of Beginning and containing an area of
13,200 square feet (0.30 acres) more or less.
EXHIBIT 'A'
F o u n d j
B.C.H.H.
Norht west
Corner,
Section 33
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1650.68'(R)
1650.69'(M)
N 8938'34"E (R)
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1321.79'(R)
1321.68'(M)
E.29th AVE.
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SCALE:1*=40'
S.WINCHESTER ROAD
R.O.W.ABANDONMENT
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Ex.40.0'
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40.00'
R/W
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20.0'
Drainage
Ease.
Ex..40.1'
Roadway Esm't
To Be Abandoned
Dkt.177,Pg.232
LOT 6
"IDAHO &SUPERSTITION
COMMERCIAL"
Found B.C.H.H.
West Corner,
Section 33
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LINE TABLE
LINE BEARING DISTANCE
Li N 8944'32"E 40.00'
L2 S 0018'32"E 32.82'
L3 S 0018'32"E 15.00'
Standage &Associates,Ltd.
Consulting Engineers
409 S.El Dorado
Mesa.Arizona 85202
(480)892-8090
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PD.CAPPED REBAR
L.S.21778
Proj.No.060320
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