HomeMy WebLinkAboutRES 08-25RESOLUTION NO. 08-25
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 THIRD AVENUE
FROM HILTON ROAD TO WAGONWHEEL ROAD AND DESCRIBED IN
EXTINGUISHMENT CASE EX -2008-01 ARE NO LONGER NECESSARY
FOR PUBLIC USE; AND EXTINGUISHING SUCH EASEMENT.
WHEREAS, the City of Apache Junction upon incorporation
became the holder of easements as described in Docket 532 Page
913 and Docket 195 Page 567 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 January 2008, the fee simple owners of the property filed an
application with the Apache Junction Public Works Department to
extinguish the roadway easement described above; and
WHEREAS, in January 2008, the owners also paid the required
non-refundable extinguishment application filing fee 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 in February 2008, 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;
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.
RESOLUTION NO. 08-25
PAGE 1 OF 5
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 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 and right-of-way purposes.All public utility easements
still exist over such land, unless otherwise already
extinguished by the public utility providers.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF OCTOBER,2008.
SIGNED AND ATTESTED TO THIS 7TH DAY OF OCTOBER 2008.
DO
OevoHN S. rNSALACO
ayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
cn:te„,10.3.08
RICHARD J. STERN
City Attorney
RESOLUTION NO. 08-25
PAGE 2 OF 5
EXHIBIT "A"
PARCEL 1 (adjacent to 103-05-018A)
The South thirty-three feet (33') of the Northwest quarter of
the Southeast quarter of the Northeast 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 one hundred and eight feet (108') and
EXCEPT the West thirty-three feet (33') and
EXCEPT the East thirty-three feet (33') THEREOF.
PARCEL 2 (adjacent to 103-05-037A)
The North thirty-three feet (33') of the East half of the
Southwest quarter of the Southeast quarter of the Northeast
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 East thirty-three feet (33') THEREOF.
PARCEL 3 (adjacent to 103-05-037B)
The North thirty-three feet (33') of the West half of the
Southwest quarter of the Southeast quarter of the Northeast
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 West thirty-three feet (33') THEREOF.
RESOLUTION NO. 08-25
PAGE 3 OF 5
EXHIBIT "B"
RESOLUTION NO.08-25
PAGE 4 OF 5
EXHIBIT l'Hn
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FOURTH
RESOLUTION NO.08-25
PAGE 5 OF 5 •
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AVENUE •
PROPOSED
EXTINGUISHMENT