HomeMy WebLinkAboutRES 11-12RESOLUTION NO.11-12
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED
PUBLIC RIGHT-OF-WAY, BEING A PORTION OF SIESTA STREET
BETWEEN HILTON ROAD AND GOLDFIELD ROAD AND DESCRIBED IN
VACATION CASE NO.11-12, ARE NO LONGER NECESSARY FOR PUBLIC
USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND
FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction became the fee simple
owner of the right-of-way by Quit Claim Deed on October 02,
1987, as recorded at the office of the Pinal County Recorder in
Docket 1476-389, and more particularly described in Exhibit A
and depicted in Exhibit B; and
WHEREAS, the parcel owners of APN 100-27-036D and APN 100-
27-35H desire to extinguish the northerly thirty-three foot
federal patent roadway easement and vacate the southerly
dedicated thirty-three foot right-of-way along Siesta Street
from Hilton Road to Goldfield Road; and
WHEREAS, three of four parcels adjacent to Siesta Street
from Hilton Road to Goldfield Road have permanent parcel
improvements such as buildings and pools that encroach into, and
obstruct Siesta Street alignment; and
WHEREAS, the Public Works Director, in desiring to
alleviate the encroachment issues along the Siesta Street
alignment, initiated a vacation and extinguishment of the
alignment from Hilton Road to Goldfield Road; and
WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City
Code § 13-2-4, the City may sell and convey the land within a
roadway by quitclaim deed after a sixty (60) day notice of sale;
and
WHEREAS, pursuant to ARS § 28-7204 and § 28-7205, as well
as Apache Junction City Code § 13-2-4, abutting property owners
have preference rights for purchasing adjacent vacated right-of-
way; and
WHEREAS, pursuant to ARS § 28-7208, vesting of title is
subject to the giving of consideration to the governing body
from the owner of the abutting property owner in an amount
deemed by the governing body to be commensurate with the value
of the vacated roadway; and
RESOLUTION NO. 11-12
Page 1 of 3
WHEREAS, pursuant to ARS § 28-7208, the City Engineer
estimates market value of the dedicated portion of Siesta Street
to be $1,000, taking into consideration the degree of
fragmentation, drainage mitigation, encroachments and
obstructions, and other public benefits; and
WHEREAS, two purchase offers were submitted to the office
of the City Clerk within the sixty day sale notification period,
one by the abutting property owner in the amount of $1,012,
which exceeds the market valuation of the City Engineer; and
WHEREAS, the City Engineer recommends acceptance of the
purchase offer in the amount of $1,012 from the abutting
property owner; and
WHEREAS, the vacation, 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, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on February 23, 2011, submitted
copies of the application for comment to the Development
Services Director, the Public Safety Director, the Apache
Junction Fire District,as well as affected public utility
providers; and
WHEREAS, no opposition statements were received from Salt
River Project, Arizona Water Company, Mediacom, Superstition
Mountain Community Facilities District, the Development Services
Director, the Public Safety Director, and the Apache Junction
Fire District, and no response was received from Century Link
and Southwest Gas.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
1. The Mayor and City Council of the City of Apache Junction
find that the dedicated Siesta Street roadway described in
Exhibit A, and depicted in Exhibit B, is classified as a
local street on the Street Classification Plan and is no
longer necessary for roadway purposes and is hereby abandoned
and vacated for public roadway purposes.
RESOLUTION NO. 11-12
Page 2 of 3
2. The title to the vacated roadway shall vest in the abutting
property owner upon receipt of payment in the amount
described above,and staff is authorized to execute any and
all documents necessary to complete the transfer of ownership
of the roadway.
3. Nothing in this approval extinguishes any utility easement
interest of any public utility agency or entity on the
subject street right-of-way.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7TH DAY oFFEBRUARY , 2012.
SIGNED AND ATTESTED TO THE
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM::
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-12
Page 3 of 3
7TH DAY OF FEBRUARY ,2012.
N S. INSALACO
ayor
EXHIBIT A
VACATION PARCEL (Adjacent to parcel 100-27-0360)
The North 33.00 feet of the Southwest quarter of the Southeast
quarter of the Southeast 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 33.00 feet thereof.
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Joe No.11-1001
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035G
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036D
036E
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ASSESSOR'S PARCEL NUMBER
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PROPOSED VACATION
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