HomeMy WebLinkAboutRES 09-37RESOLUTION NO. 09-37
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON OHIO STREET FROM
SOLANA ROAD TO STARR ROAD AND DESCRIBED IN EXTINGUISHMENT
CASE EX -2009-02 ARE NO LONGER NECESSARY FOR PUBLIC USE AS
PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS
PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY.
WHEREAS, the City upon incorporation became the holder of
easements as described in Docket 216 Page 550, Docket 236 Page 137,
and Docket 1373 Page 101 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), on
April 20, 2009, the fee simple owners of the property, Richard and
Seonah Sheridan, filed an application with the Apache Junction
Public Works Department to extinguish the roadway easements; and
WHEREAS, on April 20, 2009, the owners also paid the required
non-refundable filing fee in application for the extinguishment
request 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 on May 15, 2009, 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 from Salt River Project, Southwest Gas,
Arizona Water Company, Qwest Communications, and Superstition
Mountain Community Facilities District to the extinguishment
request was received.No response was received from Mediacom
Cablevision; and
WHEREAS, the Public Works Director, the City Engineer, the
Public Safety Department, the Development Services Department and
the Fire District 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. 09-37
PAGE 1 OF 4
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
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.
2) The above -described easements are hereby extinguished for public
roadway and right-of-way purposes.
3) Nothing in this approval extinguishes the utility easement
interests of any public utility agencies/entities.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 6TH DAY OF OCTOBER , 2009.
SIGNED AND ATTESTED TO THIS 6TH DAY OF OCTOBER
IWiPLACNS. INSALACO
YOR
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 09-37
PAGE 2 OF 4
, 2009.
EXHIBIT A
PARCEL 1 (adjacent to 103-02-005A)
The South thirty-three feet (33') of the West half of the Northeast
of the Northeast quarter of the Northwest quarter of the Northeast
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 103-02-0053)
The South thirty-three feet (33') of the East half of the Northeast
of the Northeast quarter of the Northwest quarter of the Northeast
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 103-02-013A)
The North thirty-three feet (33') of the North half of the
Southeast quarter of the Northeast quarter of the Northwest
quarter Northeast quarter of Section 22, Township 1 North, Range 8
East of the Gila and Salt River
EXCEPT the West thirty-three feet (33') and
EXCEPT the East thirty-three feet (33') THEREOF
RESOLUTION NO. 09-37
PAGE 3 OF 4
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