HomeMy WebLinkAboutRES 11-16RESOLUTION NO. 11-16
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED
RIGHT-OF-WAY AND ROADWAY EASEMENTS LOCATED ON BROADWAY
AVENUE FROM IDAHO ROAD TO WINCHESTER ROAD, AND DESCRIBED IN
EXHIBIT A AND DEPICTED IN EXHIBIT B, ARE NO LONGER
NECESSARY FOR PUBLIC USE AS ROADWAYS AND ARE HEREBY VACATED
AND EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY.
WHEREAS, the City upon incorporation became the holder of
easements as described in Docket 138 Page 589 and Docket 147
Page 270 for public roadway purposes; and
WHEREAS, the City became the holder of dedicated right-of-
way as described in Docket 174 Page 227 for public roadway
purposes; and
WHEREAS, such easements and dedicated right-of-way may be
extinguished and vacated by local municipal governments pursuant
to A.R.S § 9-500.24,9-276, 28-7214, and 28-7202; and
WHEREAS, the City has entered into an Intergovernmental/
Development Agreement (the "Agreement") between the City of
Apache Junction and Pinal County Community College District
("CAC") dated March 2 3 rd 2010, recorded as fee number 2010-
039748, which is anticipated to result in aesthetic, planning,
economic, and other tangible and intangible benefits to the
City; and
WHEREAS, pursuant to the Agreement the City has determined
that Broadway Avenue from Idaho Road to Winchester Road is not a
critical route in the City's transportation master plan; and
WHEREAS, pursuant to the Agreement the City Council has
determined that because 1) the public purpose of this Agreement
is to improve streets,neighborhood traffic, and the City's
storm water management system, and 2) the value of Broadway
Avenue is less than the value of the easement for a storm water
retention basin provided by CAC, the business arrangement does
not constitute an illegal gift or subsidy; and
WHEREAS, pursuant to the Agreement the City will vacate
that portion of Broadway Avenue which is dedicated right-of-way,
from Idaho Road to Winchester Road, and convey it to CAC in fee
simple; and
RESOLUTION NO. 11-16
Page 1 of 3
WHEREAS, no opposition to the vacation/extinguishment was
received from Salt River Project, Apache Junction Water Company,
Mediacom, Superstition Mountain Community Facilities District,
City of Apache Junction Development Services Department, and
Apache Junction Fire District, and no response was received from
Qwest and Southwest Gas; and
WHEREAS, Arizona Water Company opposes the
vacation/extinguishment on grounds of owning water delivery
facilities within the portion of Broadway Avenue being vacated;
and
WHEREAS, however, pursuant to A.R.S § 28-7210 rights -of -way
or easements for utilities continue as they existed prior to the
vacation or extinguishment of public roadway easements or
dedicated right-of-way; and
WHEREAS, the vacation and extinguishment requested, 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.
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT THE ABOVE-
DESCRIBED PUBLIC RIGHTS -OF -WAY IS HEREBY VACATED AND
EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS -OF -WAY.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, THIS 16TH DAY OF AUGUST ,
2011.
SIGNED AND ATTESTED TO THE 16TH
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO. 11-16
Page 2 of 3
DAY OF AUGUST , 2011.
APPROVED AS TO FORM:
'14 8.10 .11
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-16
Page 3 of 3
DESCRIPTION
FOR
BROADWAY AVENUE ABANDONMENT
A parcel of land situated in a portion of Section 28, Township 1 North, Range 8 East of
Gila and Salt River Base and Meridian, Pinal County, Arizona, more particularly described
as follows:
COMMENCING at the Northwest Corner of said Section 28 bearing South 89 degrees 37
minutes 03 seconds West, a distance of 1320.47 feet from the Northeast Corner of the
West half of the Northwest Quarter of said Section 28;
THENCE North 89 degrees 37 minutes 03 seconds East, along the North line of said
Section 28, a distance of 70.00 feet to a point on the East right of way line of Idaho
Road, also being the POINT OF BEGINNING;
THENCE continuing North 89 degrees 37 minutes 03 seconds East, a distance of 1220.47
feet:
THENCE South 00 degrees 15 minutes 34 seconds East, a distance of 40.00 feet;
THENCE South 89 degrees 37 minutes 03 seconds West, along a line parallel with and
40.00 feet South of said North line, a distance of 960.36 feet to a point on the East line
of the West Half of the West half of the Northwest Quarter of said Section 28 marked by
a rebar with cap marked RLS 21773;
THENCE South 00 degrees 14 minutes 49 seconds East, a distance of 10.00 feet;
THENCE South 89 degrees 37 minutes 03 seconds West, a distance of 260.13 feet to an
ADOT Aluminum Cap, also being on said East right of way line;
THENCE North 00 degrees 14 minutes 07 seconds West, along said right of way line, a
distance of 50.00 feet to the POINT OF BEGINNING.
Parcel contains a computed area of 51,421 square feet
or 1.1805 acres more or less.
The attached EXHIBIT 'A' is to be included
and made part of this description.
0914-ABND March 16, 2011
Page 1 of 3
DIBBLE ENGINEERING
PROJECT NO. 100914
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NW COR SEC 28
T1N,R8EPOINTOF COMMENCEMENT NORTH LINE OF
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POINT OFBEGINNING S89'37'03''W 1320.47'
BASIS OF BEARINGS L2
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EAST R/W LINE
OF IDAHO ROAD
L4
FOUND REBAR WITH CAP
MARKED RLS 21773
E LINE OF THE W 1 /2 OF
THE W 1/2 OF THE NW 1 /4
SEC 28,T1N,R8E
NE COR OF THE WEST 1/2 OF THE NW 1/4
S89.37'03''W 1320.47'SEC 28,T1N,R8E
BASIS OF BEARINGS
L2
40'
40'BROADWAY AVENUE
SEE PAGE 3 OF 3 FOR LINE DATA TABLE
THIS IS NOT A PROPERTY BOUNDARY SURVEY.
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Project No.100914
EXHIBIT "A"
BROADWAY AVENUE ABANDONMENT
DATE:MAR 2011
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LINE DATA TABLE
LINE BEARING DISTANCE
L1 N89°3703"E 70.00'
L2 N89°37'03"E 1220.47'
L3 S00'1 5'34"E 40.00'
L4 S89°37'03"W 960.36'
_L5 SOO° 1 4'49"E 10.00'
L6 S89°37'03"W 260.13'
L7 N00°1 4'07"W 50.00'
THIS IS NOT A PROPERTY BOUNDARY SURVEY.
Dibble
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Dibble Engineering
Project No.100914
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EXHIBIT "A"
BROADWAY AVENUE ABANDONMENT
DATE:MAR 2011
DRN:JLD
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DESCRIPTION
FOR
BROADWAY ROAD ABANDONMENT
The South 33.00 feet of the South half of the Southwest Quarter of the Southwest
Quarter of Section 21, Township 1 North, Range 8 East of Gila and Salt River Base and
Meridian, Pinal County, Arizona.
EXCEPTING therefrom that portion conveyed to the State of Arizona by and through its
Department of Transportation in Warranty Deed Recorded in Docket 1764, Page 704,
Pinal County Recorder's.
AND
EXCEPT the East 33.00 feet thereof.
Parcel contains a computed area of 40,176 square feet or 0.9223 acres more or less.
The attached EXHIBIT 'A' is to be included and made part of this description.
0914-ABND-NORTH May 17, 2011
Page 1 of 2
DIBBLE ENGINEERING
PROJECT NO. 100914
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WEST LINE OF SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
SECTION 21,T1N,R8E
DOCKET 1764,
PAGE 704,PCR
EAST LINE OF SOUTH 1/2 'OF THE
SOUTHWEST 1 /4 OF THE SOUTHWEST 1 /4
SECTION 21,T1N,R8E
BROADWAY AVENUE j
THIS IS NOT A PROPERTY BOUNDARY SURVEY.
r 3 3 '
33'
SOUTH LINE OF SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
SECTION 21,T1N,R8E
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Project No.100914
EXHIBIT "A"
BROADWAY ROAD ABANDONMENT
DATE:MAY 2011
DRN:JLD
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