HomeMy WebLinkAboutRES 11-20RESOLUTION NO. 11-20
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS OVER UNNAMED ROADS LOCATED WITHIN THE
CASA VILLA SUBDIVISION AND DESCRIBED IN EXTINGUISHMENT CASE
EX 11-20 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 became the holder of public roadway
easements ("Easements") as described in Docket 1114 pages 20
through 25 per development agreement on April 2nd 1982; and
WHEREAS, roadway improvements were never constructed over
or upon the Easements; and
WHEREAS, on the Final Plat for Casa Villa Subdivision,
accepted by the City and recorded in Pinal County records as
instrument number 2006-167428 on December 12 2006, the Easements
were described to be extinguished by the City of Apache
Junction; and
WHEREAS, such easements may be extinguished by local
municipal government pursuant to A.R.S. § 9-500.24 and 28-7214;
and
WHEREAS, the Easements, while •remaining, have been
determined by the owners of Casa Villa Subdivision and the City
to be encumbering the platted lots within the subdivision and it
is in the best interest of the City to extinguish the Easements;
and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4
(I), on April 21, 2011 Public Works staff, on behalf of the
Interim Director of Public Works, 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, Arizona Water Company, Mediacom, and Superstition
Mountain Community Facilities District to the extinguishment
request.No response was received from Qwest Communications and
Southwest Gas; and
RESOLUTION NO.
Page 1 of 3
WHEREAS, the Interim Public Works Director/City Engineer,
the Public Safety Department, the Development Services
Department and the Fire District are not opposed to the
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, because of their location upon a platted subdivision
and due to never having been opened as a public roadway, 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 City Council of the City of Apache Junction, Arizona
finds that the roadway easements described and depicted in
Exhibits A and B are un-classified streets and are no longer
necessary for roadway purposes and have no or de minimis 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.
JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
RESOLUTION NO.
Page 2 of 3
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO.
Page 3 of 3
EXHIBIT A
PARCEL 1
The East twenty-five feet (25'), the South twenty-five feet
(25'), and the West thirty feet (30') of the West half of the
Northwest quarter of the Northeast quarter of the Southwest
quarter of Section 30, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
CD
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EXHIBIT "B"
16TH -/40'R/W PER CASA
VILLA PLAT 30'
CASA VILLA—
SUBDIVISION
30'
WEST LINE OF THE W-1/2, NW -1/4,
NE -1/4, SW -1/4, SECTION 30
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AVENUE
25' ----.--1//11-■/Al
EAST LINE OF THE W-1/2, NW -1/4,
NE -1/4, SW -1/4, SECTION 30
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SOUTH LINE OF THE W-1/2, NW -1/4,
NE -1/4, SW -1/4, SECTION 30
MERIDIAN MANOR
SUBDIVISION
26B
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25'
Air A
25'
SURROUNDING PARCELS
ROAD CENTERLINE
PROPOSED
EXTINGUISHMENT zEi.cf4