HomeMy WebLinkAboutRES 08-38RESOLUTION NO. 08-38
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS
OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIXTH AVENUE
FROM VISTA ROAD TO WICK1UP ROAD AND ON RA1NDANCE ROAD
FROM SIXTH AVENUE TO BROADWAY AVENUE AS SET FORTH IN
EXTINGUISHMENT CASE EX -2008-04 ARE NO LONGER NECESSARY
FOR PUBLIC USE.
WHEREAS, the City upon incorporation became the holder of
easements as described in Docket 13.6 Page 446, Docket 203 Page
193, Docket 137 Page 448, Docket 158 Page 35, Docket 136 Page
448 and Docket 412 Page 39 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 July 2008, the fee simple owners of property filed an
application with the Apache Junction Public Works Department to
extinguish the roadway easements; and
WHEREAS, in July 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 August 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
from any Utility, and all City Departments except Development
Services recommends the extinguishment.Development Services
recommends the extinguishment of Raindance Road, but not the
extinguishment of 6th Avenue.They feel it should be dedicated
and a new street built; and •
WHEREAS, based upon comments from most staff and responding
utilities, the Public Works Director recommended extinguishment
of the roadway easements; and
RESOLUTION NO. 08-38
PAGE 1 OF 5
.A WHEREAS, the.extinguishment request, if approved, would not
leave a parcel in separate owh6rship 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 90TH DAY OF JANUARY 2009.
SIGNED AND ATTESTED TO THIS 20TH DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
//309
RICHARD J. STERN
City Attorney
RESOLUTION NO. 08-38
PAGE 2 OF 5
JANUARY,2009.
EXHIBIT "A"
PARCEL 1 (adjacent to 103-04-045)
The South thirty-three feet (33') of the Southwest quarter of
the Northeast quarter of the Southwest quarter of the Southwest
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.
PARCEL 2 (adjacent to 103-04-046A)
The South thirty-three feet (33') of the South half of the
Southeast quarter of the of the Northeast quarter of the
Southwest quarter of the Southwest 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 103-04-057A)
The North thirty-three feet (33') and the West thirty-three feet
(33') of the North half of the Northeast quarter of the
Southeast of the Southwest quarter of the Southwest 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 4 (adjacent to 103-04-057B)
The West thirty-three feet (33') of the South half of the
Northeast quarter of the of the Southeast quarter of the
Southwest quarter of the Southwest 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.
PARCEL 5 (adjacent to 103-04-065A)
The West thirty-three feet (33') of the North half of the
Southeast quarter of the of the Southeast quarter of the
RESOLUTION NO. 08-38
PAGE 3 OF 5
Southwest quarter of the Southwest ,of Section 22, Township 1
North, Range 8 East of the Gila and Sait River Base and
Meridian, Pinal County, Arizona.
EXCEPT the North thirty-three feet (33') THEREOF.
PARCEL 6 (adjacent to 103-04-065B)
The West thirty-three feet (33') of the South half of the
Southeast quarter of the of the Southeast quarter of the
Southwest quarter of the Southwest of Section 22, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona.
EXCEPT the South fifty feet (50') THEREOF.
PARCEL 7 (adjacent to 103-04-064C)
The East thirty-three feet (33') of the Southeast quarter of the
of the Southwest quarter of the Southeast quarter of the
Southwest quarter of the Southwest 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 Fifty feet (50') THEREOF.
PARCEL 8 (adjacent to 103-04-064A)
The East thirty-three feet (33') of the Northeast quarter of the
of the Southwest quarter of the Southeast quarter of the
Southwest quarter of the Southwest 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 9A (adjacent to 103-04-058)
The East thirty-three feet (33!) of the Northwest quarter of the
Southeast quarter of the Southwest quarter of the Southwest
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.
PARCEL 9B (adjacent to 103-04-058)
RESOLUTION NO. 08-38
PAGE 4 OF 5
The North thirty-three feet (33') of the Northwest quarter of
the Southeast quarter of the Southwest quarter of the Southwest
quarter of Section 22, Township l North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona.
EXCEPT the West thirty-three feet (33') THEREFOF.
RESOLUTION NO. 08-38
PAGE 5 OF 5
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