HomeMy WebLinkAboutRES 10-16RESOLUTION NO.10-16
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,DECLARING THAT PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON ROUNDUP STREET FROM
ACACIA ROAD TO STARR ROAD-AND DESCRIBED IN EXTINGUISHMENT
CASE EX -10-02 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 398 Page 41,Docket 928 Page
583,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 7,2010,the fee simple owners of the property,
Mike Weber,"Owner",filed an application,included a support
petition signed by the adjacent property owners,Leslie Judd,
Thomas Swanson and Margo Dejaynes,with the Apache Junction
Public Works Department to extinguish the roadway easements; and
WHEREAS,such easements may be extinguished by local
municipal governments pursuant to A.R.S. § 9-500-24 and 28-9214;
and
WHEREAS, on April 7, 2010, the Owner 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 April 20, 2010, 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 was received from Salt River
Project,Southwest Gas,Arizona Water Company, and Superstition
Mountain Community Facilities District to the extinguishment
request.No response was received from Qwest Communications;
and
WHEREAS, the Public Works Director,the City Engineer, the
Public Safety Department,the Development Services Department
RESOLUTION NO. 10-16
PAGE 1 OF 3
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; and
WHEREAS,the City Engineer has determined that the
easements in question because of their locations and typography,
have no or de minimus public value.
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 and have no or de minimus public value.
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 17TH DAY OF AULST
2010.
SIGNED AND ATTESTED TO THIS 17TH DAY OF AUGUST , 2010.
\--1OHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO. 10-16
PAGE 2 OF 3
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 10-16
PAGE 3 OF 3
EXHIBIT A
PARCEL 1 (Adjacent to 100-27-022D)
The South thirty-three feet (33') of the South half of the West
half of the South half of the Southeast quarter of the Northwest
quarter of the Southeast quarter of Section 15, 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 100-27-022C)
The South thirty-three feet (33') of the South half of the
Southeast quarter of the Southeast quarter of the Northwest
quarter of the Southeast quarter of Section 15, 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 100-27-025C)
The North thirty-three feet (33') of the North half of the
Northeast quarter of the Northeast quarter of the Southwest
quarter of the Southeast quarter of Section 15, 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 100-27-025F)
The North thirty-three feet (33') of the North half of the
Northwest quarter of the Northeast quarter of the Southwest
quarter of the Southeast quarter of Section 15, 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.
EXHIBIT "B"
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SURROUNDING PARCELS
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PROPOSED
EXTINGUISHMENT