HomeMy WebLinkAboutRES 11-13RESOLUTION NO.11-13
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM
HILTON ROAD TO GOLDFIELD ROAD, AND DESCRIBED IN
EXTINGUISHMENT CASE EX -11-13, ARE NO LONGER NECESSARY FOR
PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY
EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction, upon incorporation,
became the holder of roadway easements as described in Docket
153 Page 346, originally conveyed April 1954, and Docket 678
Page 737, originally conveyed April 1955, for public roadway
purposes over certain parcels of real property 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, such easements may be extinguished by local
municipal government pursuant to A.R.S. § 9-500.24 and 28-7214;
and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4
(A), the Director of Public Works recommends the extinguishment
of said public roadway easements; and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of said public roadway
easements; and
Resolution No. 11-13
Page 1 of 3
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 CenturyLink and
Southwest Gas; 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 location, topography,
and encroachments, have no or de minimis public value.
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 Siesta Street roadway easements described in
Exhibit A, and depicted in Exhibit B, are classified as
local streets on the Street Classification Plan and are no
longer necessary for roadway purposes, have no or de
minimis public value, and are hereby extinguished for
public roadway right-of-way purposes.
2. Nothing in this approval extinguishes any utility easement
interest of any public utility agency or entity on the
subject street right-of-way.
Resolution No. 11-13
Page 2 of 3
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF FEBRUARY ,2012.
SIGNED AND ATTESTED TO THIS 7TH DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c e
RICHARD J. STERN
City Attorney
Resolution No. 11-13
Page 3 of 3
FERRIIARY
'GA- 4 4u-
N S. INSALACO
Mayor
, 2012.
EXHIBIT A
PARCEL 1 (Adjacent to parcel 100-27-035H & parcel 100-27-035B)
The South thirty-three feet (33') of the North half 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 East fifty feet (50') and the West thirty-three feet
(33') THEREOF
PARCEL 2 (Adjacent to parcel 100-27-036B)
The North thirty-three feet (33') of the East half of the South
half 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 East fifty feet (50') THEREOF.
EXHIBIT "B"
O
0
0
35G 35J
35H
33'33'
V le"A l
35B
0cc
33'
036D
036E
SUPERSTITION
66'
366
50' -0-1
26B
////,
BOULEVARD
GO
L
D
F
I
E
L
D
SURROUNDING PARCELS
ROAD CENTERLINE
PROPOSED EXTINGUISHMENT (6.