HomeMy WebLinkAboutRES 08-05RESOLUTION NO. 08-05
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING THAT A PORTION
OF A PUBLIC RIGHT-OF-WAY LOCATED ON OLD WEST HIGHWAY
AND GOLDFIELD ROAD IS NO LONGER NECESSARY FOR PUBLIC
USE AS A PUBLIC RIGHT-OF-WAY AND IS HEREBY ABANDONED.
WHEREAS,the City is the holder of a right-of-way 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(A),
the City may abandon any right-of-way it determines appropriate;
and
WHEREAS, on July 5, 2000 the City entered into a Development
Agreement with McMillan Manufactured Home Development, L.L.C. in
which the City agreed to abandon to McMillan an unused portion of
the right-of-way, excepting an area where the highway structural
improvements for Old West Highway enter Goldfield Road; and
WHEREAS, the City Engineer has determined that the area to
be abandoned has de minimus value; and
WHEREAS,based upon comments from staff and responding
utilities,the Public Works Director recommended abandonment of
the public right-of-way.
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 public right-of-way described and depicted in Exhibits A
and B is no longer necessary for roadway purposes.
RESOLUTION NO. 08-05
PAGE 1 OF 2
Section 2
The above -described area is hereby abandoned and is reverted back
to McMillan Manufactured Home Development, L.L.C. in fee simple.
Section 3
The City Attorney is directed to record this Resolution and all
attachments in the Pinal County Recorder's office promptly after
execution by the Mayor.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 6TH DAY OF MAY
2008.
SIGNED .AND ATTESTED TO THIS 6TH DAY OF MAY ,2008.
e J.,
S. INSALACO
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4=4 ---428-08
RICHARD J. STERN
City Attorney
RESOLUTION NO; 08-05
PAGE 2 OF 2
•• Eithibit A
Legal Description
Conameneintat the North East corner of Section a4,Township 1 North, Range 8 East, of
the Gila and Salt River ease and Meridian, Maricopa County, Arizona-,
Thence S89°59'23W along the north section line of said Section 34, a distance of
665.88 feet to the True Point of Beginning;
Thence S54°54'00"E running parpllel and 100 feet south of the US Iligh.way centerline
per book 77 of Deeds, Page 261, a distance of 688.18 feet;
Thence S18°24'58"E a distance of 168.18 feet to a point being 50.00 feet West of the
East line of said Section 34;•
Thence N54°54'.00"W a distance of 965.63 feet to a point of the North line of said
Section 34;
Thence N89°59'23"E a distance of 173.87 feet back to the True Point of Beginning.
The above area comprising of approvirnately 82,691 square feet or 1.90 acres.
N8959 .23”E
173.87'.
*%.POR
N T S
EXHIBIT • B
N.LINE SEC 34
Je'r S89159/23" W
665.88'
rf)::
M D 2"I.P.
NE COR SEC 34
•TIN,REE
E. UNE SEC 34
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