HomeMy WebLinkAboutRES 11-29RESOLUTION NO. 11-29
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM BOWMAN ROAD
TO CONESTOGA ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-
11 -29 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT
AND FUTURE PUBLIC RIGHTS -OF -WAY.
WHEREAS,the City of Apache Junction upon incorporation
became the holder of easements as described in Docket 169, page
564 and Docket 174, page 510, and on April 27, 2011 the fee
simple owner of the property, Donald D. Dickerman ("Owner")
filed an application,included a support petition signed by the
adjacent property owner, Billie J. Coy, with the Apache Junction
Public Works Department to extinguish the roadway easements; and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R.S. §§ 9-500.24 and 28-7214;
and
WHEREAS, on April 27, 2011 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
(I), the Director of Public Works on May 16, 2011 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, Arizona Water Company and Qwest Communications to the
extinguishment request,no response was received from Southwest
Gas, Mediacom or Superstition Mountain Community Facilities
District; and
WHEREAS, the Interim Public Works Director/City Engineer,
the Public Safety Department, the Development Services
Department and the Fire District recommended extinguishment of
the roadway easements; and
RESOLUTION NO.
Page 1 of 3
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 location and topography,
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 16TH DAY OF AUGUST
SIGNED AND ATTESTED TO THIS 16TH DAY OF AUGUST ,2011.
N S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO.
Page 2 of 3
APPROVED AS TO FORM:
4
RICHARD J. STERN
City Attorney
RESOLUTION NO.
Page 3 of 3
EXHIBIT A
PARCEL 1 (Adjacent to parcels 103-04-017A and 103-04-017B)
The South thirty-three feet (33') of the Northwest quarter of
the Southeast 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 East thirty-three feet (33') and the West thirty-
three fee (33') THEREOF.
PARCEL 2 (Adjacent to parcel 103-04-030)
The North thirty-three feet (33') of the Southwest quarter of
the Southeast 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 East thirty-three feet (33') and the West thirty-
three fee (33') THEREOF.
EXHIBIT "B"
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SECOND
17A 17B
33'33'
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16A 16B
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31B
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SURROUNDING PARCELS
ROAD CENTERLINE
PROPOSED
EXTINGUISHMENT
RES —11 —29