HomeMy WebLinkAboutRES 11-01RESOLUTION NO.11-01
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
SOLANA ROAD TO STARR ROAD AND DESCRIBED IN EXTINGUISHMENT
CASE EX -11-01 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 162 Page 94 and Docket 229 Page
41,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 November 5,2010, the fee simple owners of the property,
Katherine A.Boron and David C.Boron,"Owners",filed an
application, included a support petition signed by the adjacent
property owners, Philip E. Schmidt and Lucy Ann Schmidt 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 28-7214;
and
WHEREAS,on November 5,2010,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 December 3,2010,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
RESOLUTION NO. 11-01
PAGE 1 OF 3
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; 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 15TH DAY OF MARCH
2011.
SIGNED AND ATTESTED TO THIS 30TH DAY OF
ATTEST:
4e___,-.%:,
NNELLYKATHLEEN CONNELLY
RESOLUTION NO. 11-01
PAGE 2 OF 3
MARCH
HN S. INSALACO
Mayor
, 2011.
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-01
PAGE 3 OF 3
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-05-031A)
The North thirty-three feet (33') of the Southeast quarter of
the Southeast quarter of the Northwest quarter of the Southeast
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 103-05-023B)
The South thirty-three feet (33') of the Northeast quarter of
the Southeast quarter of the Northwest quarter of the Southeast
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 feet (33') THEREOF.
EXHIBIT "B"
O
0
0
SECOND
24A
24B
THIRD
029
030
FOURTH
6
0
co
V
AVENUE
23A
23B I
33'
W Aff,
26B
=21
33'-1 33'
31A
31B
AVENUE
0
SURROUNDING PARCELS
ROAD CENTERLINE
PROPOSED
EXTINGUISHMENT