HomeMy WebLinkAboutRES 10-07RESOLUTION NO. 10-07
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,DECLARING THAT PORTIONS
OF PUBLIC ROADWAY EASEMENTS LOCATED ON CONESTOGA-ROAD
FROM JUNCTION STREET TO 1 sT AVENUE •AND DESCRIBED IN
EXTINGUISHMENT CASE EX -2010=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 205 Page 475,Docket 195 Page
32,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 5, 2010, the fee simple owners of the property, Charles
(Rocky)and Sandra Govert ("Owners"),filed an extinguishment
application,and included in the application was the adjacent
property owner's (Unique Perez's)support for the
extinguishment; and
WHEREAS,such easements may be extinguished by local
municipal governments pursuant to A.R.S.§§9-500.24 and 28-
7214; and
WHEREAS,on March 5,2010,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 March 8,2010 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 and 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. 10-07
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.
4)Owners shall dedicate forty feet,which includes an
additional seven (7')feet of right-of-way adjacent to Junction
Street for the full length of the property as a condition of
extinguishing the easements referenced in this Resolution.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 6TH DAY OF APRIL
2010.
SIGNED AND ATTESTED TO THIS 6TH DAY OF
N S. INSALACO
MAYOR
RESOLUTION NO. 10-07
PAGE 2 OF 3
APRIL , 2010.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 10-07
PAGE 3 OF 3
EXHIBIT A
PARCEL 1 _(adjacent to '103-04-002A)
The East thirty-three feet (33') of the East half of the Northwest
of the Northeast quarter of the Northeast 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 forty feet (40') and
EXCEPT the South thirty-three feet (33') THEREOF.
PARCEL 2 (adjacent to 103-04-001C)
The West thirty-three feet (33') of the West half of the
of the Northeast quarter of the Northeast quarter of the
Southwest quarter of Section 22, Township 1 North, Range
the Gila and Salt River Base and Meridian, Pinal County,
EXCEPT the North forty feet (40') and
EXCEPT the South thirty-three feet •(33') THEREOF.
Northeast
8 East of
Arizona.
O
1
2B
14A
EXHIBIT "B"
JUNCTION t
33'1
FIRST
2A
STREET
.41
33'
I 33'
14B
SECOND
1<
00
Lu
0
66'
1C
L 33'
15A
40' -I
ROW
1B
AVENUE
0
0
40'
15C
AVENUE
1.1.1
0
0
RESOLUTION NO.10-07 1w/1 PROPOSED
PAGE 4 OF 4 V /EXTINGUISHMENT