HomeMy WebLinkAboutRES 09-06RESOLUTION NO. 09-06
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON RAINDANCE ROAD FROM
JUNCTION STREET TO TAMARISK STREET AND TAMARISK STREET
FROM VISTA ROAD TO RAINDANCE ROAD AND DESCRIBED IN
EXTINGUISHMENT CASE EX -2009-01 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
March 6, 2009, the fee simple owners of the property, Tracey
Haardman-Behine and Terry Behine, filed an application with the
Apache Junction Public Works Department to extinguish the roadway
easements; and
WHEREAS, on March 6, 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 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 from utilities to the extinguishment
request was received; and
WHEREAS, the Public Works Director, the City Engineer, the
Public Safety Department and the Fire District recommended
extinguishment of the roadway easement; while the Development
Services Department recommended approval of the Tamarisk Street
portion of the application, it recommended approval of the
Raindance Road portion with the following stipulations: that those
parcels addressed on Raindance Road and affected by the
extinguishment be re -addressed, that entrance and access drives be
provided, and that the rights -of -way on Vista Road and Junction
Drive be dedicated as directed by the City Engineer; 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.
NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
RESOLUTION NO. 09-06
PAGE 1 OF 5
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 19TH DAY OF MAY , 2009.
SIGNED AND ATTESTED TO THIS 19TH DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
114-09
RICHARD J. STERN
City Attorney
RESOLUTION NO. 09-06
PAGE 2 OF 5
MAY , 2009
EXHIBIT A
PARCEL 1 (adjacent to 103-03-062)
The South thirty-three feet (33') of the Northwest quarter of the
Southeast quarter of the Southwest quarter of the Northwest 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') and
EXCEPT the East thirty-three feet (33') THEREOF.
PARCEL 2 (adjacent to 103-03-067A)
The North thirty-three feet (33') of the North half of the
Southwest quarter of the Southeast quarter of the Southwest quarter
of the Northwest 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') and
EXCEPT the East thirty-three feet (33') THEREOF.
PARCEL 3 (adjacent to 103-03-067A)
The East thirty-three feet (33') of the North half of the Southwest
quarter of the Southeast quarter of the Southwest quarter of the
Northwest quarter of Section 22, Township 1 North, Range 8 East of
the Gila and Salt River
EXCEPT the North thirty-three feet (33') THEREOF.
PARCEL 4 (adjacent to 103-03-067B)
The East thirty-three feet (33') of the South half of the Southwest
quarter of the Southeast quarter of the Southwest quarter of the
Northwest 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 forty feet (40') THEREOF.
PARCLE 5 (adjacent to 103-03-068B)
The West thirty-three feet (33') of the West half of the Southeast
quarter of the Southeast quarter of the Southwest quarter of the
RESOLUTION NO. 09-06
PAGE 3 OF 5
Northwest 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 South forty feet (40') THEREOF.
RESOLUTION NO. 09-06
PAGE 4 OF 5
I I I
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ROOSEVELT
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EXHIBIT "B"
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67B
JUNCTION
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STREET
61A
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61B
STREET
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STREET
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.§9
RESOLUTION NO.09-06 17///A PROPOSED
PAGE 5 OF 5 V z z z .1 EXTINGUISHMENT