HomeMy WebLinkAboutRES 08-27RESOLUTION NO. 08-27
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 NINTH AVENUE
FROM STARR ROAD TO VAQUERO ROAD AND DESCRIBED IN
EXTINGUISHMENT CASE EX -2008-03 ARE NO LONGER NECESSARY
FOR PUBLIC USE; AND EXTINGUISHING SUCH EASEMENT.
WHEREAS, the City upon incorporation became the holder of
easements as described in Docket 214 Page 104 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 easement; 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 March 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. 08-27
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.
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO. 08-27
PAGE 2 OF 5
APPROVED AS TO FORM:
‘0.3 .08
RICHARD J. STERN
City Attorney
RESOLUTION NO. 08-27
PAGE 3 OF 5
EXHIBIT "A"
PARCEL 1 (adjacent to 103-18-004A)
The South thirty-three feet (33') of the South half of the
Northwest quarter of the Northwest quarter of the Northeast
quarter of the Northeast quarter of Section 27, 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') and
EXCEPT the East thirty-three feet (33') THEREOF.
PARCEL 2 (adjacent to 103-18-014A)
The North thirty-three feet (33') North half of the Southwest
quarter of the Northwest quarter of the Northeast quarter of the
Northeast quarter of Section 27, 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') and
EXCEPT the East thirty-three feet (33') THEREOF.
RESOLUTION NO. 08-27
PAGE 4 OF 5
EXHIBIT "V'
33'
0
rece
cn
BROADWAY
04B
04A
66'
Li
0re
33'
14A
14B
03
AVENUE
H 0 wce
Fy<1 >1
1
L
1- -
TENTH
RESOLUTION NO.08-27
PAGE 5 OF 5
15B
15A
AVENUE
J __
_
0
-I 1
VZ/A PROPOSE?
EXTINGUISHMENT
RESOLUTION NO.08-27
PAGE 5 OF 5