HomeMy WebLinkAboutRES 08-26RESOLUTION NO. 08-26
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS
OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIFTH AVENUE
FROM CORTEZ ROAD TO ACACIA ROAD AND STAGECOACH ROAD
FROM FOURTH AVENUE TO SIXTH AVENUE AND DESCRIBED IN
EXTINGUISHMENT CASE EX -2008-02 ARE NO LONGER NECESSARY
FOR PUBLIC USE; AND EXTINGUISHING SUCH EASEMENTS.
WHEREAS, upon incorporation, the City of Apache Junction
became the holder of easements as described in Docket 215 Page
324 and Docket 271 Page 307 and Docket 178 Page 560 and Docket
806 Page 523 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 February 2008, the fee simple owners of the property filed an
application with the Apache Junction Public Works Department to
extinguish the roadway easements; and
WHEREAS, in February 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, based upon comments from staff and responding
utilities, the Public Works Director recommended extinguishment
of the roadway easements; and
WHEREAS, Salt River Project did not object, provided the
utility easements were not extinguished; and
RESOLUTION NO. 08-26
PAGE 1 OF 7
WHEREAS, the Development Services Director had no objection
provided the existing 33 -foot federally patented easements for
adjacent streets are dedicated to the City by the abutting
property owners and a 40 -foot right-of-way in fee simple is
dedicated on Cortez Road by the property owners of parcel
numbers 103-05-047B, 103-05-047A, 103-05048A and 103-05-048B;
and
WHEREAS, the 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 roadway easements described and depicted in Exhibits A
and B are classified as local streets on the Street
Classification Plan and are no longer necessary for roadway
purposes.
Section 2
The above -described easements are 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.
HN S. INSALACO
ayor
RESOLUTION NO. 08-26
PAGE 2 OF 7
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
18.3.o8
RICHARD J. STERN
City Attorney
RESOLUTION NO. 08-26
PAGE 3 OF 7
EXHIBIT "A"
PARCEL 1 (adjacent to 103-05-046A)
The South thirty-three feet (33') of the East half of the
Northeast quarter of the Northwest quarter of the Southwest
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 East thirty-three feet (33') THEREOF.
PARCEL 2 (adjacent to 103-05-046B)
The South thirty-three feet (33') and the West thirty-three feet
(33') of the West half of the Northeast quarter of the Northwest
quarter of the Southwest 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 103-05-047B)
The East thirty-three feet (33') of the North half of the
Northwest quarter of the Northwest quarter of the Southwest
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 forty feet (40') and
EXCEPT the North thirty-three feet (33') THEREOF.
PARCEL 4 (adjacent to 103-05-047A)
The East thirty-three feet (33') and the South thirty-three feet
(33') of the South half of the Northwest quarter of the
Northwest quarter of the Southwest 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.
RESOLUTION NO. 08-26
PAGE 4 OF 7
EXCEPT the West forty feet (40') THEREOF.
PARCEL 5 (adjacent to 103-05-048A)
The North thirty-three feet (33') and the East thirty-three feet
(33') of the North half of the Southwest quarter of the
Northwest quarter of the Southwest 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 forty feet (40') THEREOF.
PARCEL 6 (adjacent to 103-05-0483)
The East thirty-three feet (33') of the South half of the
Southwest quarter of the Northwest quarter of the Southwest
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 forty feet (40') and
EXCEPT the South thirty-three feet (33') THEREOF.
PARCEL 7 (adjacent to 103-05-049A)
The West thirty-three feet (33') of the South half of the
Southeast quarter of the Northwest quarter of the Southwest
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') and
EXCEPT the South thirty-three feet (33') THEREOF.
PARCEL 8 (adjacent to 103-05-049B)
The North thirty-three feet (33') and the West thirty-three feet
(33') of the North half of the Southeast quarter of the
Northwest quarter of the Southwest quarter of the Southeast
RESOLUTION NO. 08-26
PAGE 5 OF 7
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.
RESOLUTION NO. 08-26
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EXHIBIT
33'
I
RESOLUTION NO.08-26
PAGE 7 OF 7 V A PROPOSED
EXTINGUISHMENT
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RESOLUTION NO.08-26
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