HomeMy WebLinkAboutRES 12-11RESOLUTION NO.12-11
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 CONESTOGA
ROAD TO CORTEZ ROAD AND CONESTOGA ROAD FROM SECOND AVENUE
TO FOURTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-
12 -11, 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
169 Page 566, originally conveyed February 1957, Federal Patent
Number 1169016, originally conveyed June 1938, Federal Patent
Number 1178151, originally conveyed December 1957, and Federal
Patent Number 82321,originally conveyed May 1958, for public
roadway purposes over certain parcels of real property and more
particularly described in Exhibit A and depicted in Exhibit B;
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 City of Apache Junction Street Circulation and
Access Study recommends extinguishment of said public roadway
easements; and
WHEREAS, on February 21, 2012 the Applicant paid the
required non-refundable application and filing fee 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,
the Director of Public Works on April 5, 2012, 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
Mountains Community Facilities District No. 1, Centurylink,
Southwest Gas, the Development Services Director, the Public
Safety Director, and the Apache Junction Fire District; and
Resolution No. 12-11
Page 1 of 2
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 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 21ST DAY OF AUGUST , 2012.
SIGNED AND ATTESTED TO THIS 21ST DAY OF AUnUST , 2012.
kdgOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
5-17-12.
RICHARD J. STERN
City Attorney
Resolution No. 12-11
Page 2 of 2
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-04-017B & parcel 103-04-030)
The East thirty-three feet (33') of the West half of the
Southeast quarter of the Northeast quarter of the Southwest
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North thirty-three feet (33') and the South thirty-
three fee (33') THEREOF;
PARCEL 2 (Adjacent to parcel 103-04-016A, parcel 103-04-031A &
parcel 103-04-031B)
The West thirty-three feet (33') of the East half of the
Southeast quarter of the Northeast quarter of the Southwest
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North thirty-three feet (33') and the South thirty-
three fee (33') THEREOF;
PARCEL 3 (Adjacent to parcel 103-04-016A, parcel 103-04-016B)
The South thirty-three feet (33') of the North half of the East
half of the Southeast quarter of the Northeast quarter of the
Southwest 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') THEREOF;
PARCEL 4 (Adjacent to parcel 103-04-031A)
The North thirty-three feet (33') of the South half of the East
half of the Southeast quarter of the Northeast quarter of the
Southwest 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') THEREOF;
Resolution No. 12-11
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THIRD
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SURROUNDING PARCELS
ROAD CENTERLINE
PROPOSED
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EX -12-11 2012-0718 RCS