HomeMy WebLinkAboutRES 11-14RESOLUTION NO. 11-14
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
WAGONWHEEL ROAD TO GOLDFIELD ROAD AND DESCRIBED IN
EXTINGUISHMENT CASE EX -11-14 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 177, page
368 and Docket 207, page 341, and on March 15, 2011 the fee
simple owners of the property, Michael J. Schmidt ("Owner")
filed an application,included a support petition signed by the
adjacent property owner, Philip L. Hild 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 March 15, 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 April 6, 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, Southwest Gas, Arizona Water Company, and Superstition
Mountain Community Facilities District to the extinguishment
request,no response was received from Qwest Communications or
Mediacom; 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. 11-14
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.
044,
MEIN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO. 11-14
Page 2 of 3
APPROVED AS TO FORM:
8.10.(1
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-14
Page 3 of 3
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-05-017B)
The South thirty-three feet (33') of the Northeast quarter of
the Southeast quarter of the Northeast 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 103-05-038F)
The North thirty-three feet (33') of the Southeast quarter of
the Southeast quarter of the Northeast 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 West thirty-three feet (33') THEREOF.
EXHIBIT "B"
-I I-
a
0
-J
SECOND
18B
18A
THIRD
37B
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0
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66' I
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37A 0,0
I
FOURTH
AVENUE
17A
17B
38F
50'DEDICATED R/W
26B
38G
AVENUE
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SURROUNDING PARCELS
ROAD CENTERLINE
PROPOSED
EXTINGUISHMENT