HomeMy WebLinkAboutRES 12-12RESOLUTION NO.12-12
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON NINTH AVENUE FROM BOWMAN ROAD
TO CORTEZ ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -12-
12, 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
189 Page 68, originally conveyed June 1957, and Docket 157 Page
337, originally conveyed July 1956, 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 Public Works Director, in desiring to
alleviate the existing encroachment issues along the Ninth
Avenue alignment, initiated an extinguishment of the Ninth
Avenue alignment from Bowman Road to Cortez 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,
the Director of Public Works on February 8, 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
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
Resolution No. 12-12
Page 1 of 2
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 15TH DAY OF MAY , 2012.
SIGNED AND ATTESTED TO THIS 15TH DAY OF MAY , 2012.
e -4 /.1-
-JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
Resolution No. 12-12
Page 2 of 2
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-19-001A, parcel 103-19-001B &
parcel 103-19-0010)
The South thirty-three feet (33') of the North half of the
Northeast quarter of the Northeast quarter of the Northwest
quarter of Section 27, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona
EXCEPT the East forty feet (40') and the West thirty-three feet
(33') THEREOF;
PARCEL 2 (Adjacent to parcel 103-19-002A, parcel 103-19-002B &
parcel 103-19-0020)
The North thirty-three feet (33') of the South half of the
Northeast quarter of the Northeast quarter of the Northwest
quarter of Section 27, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona
EXCEPT the East forty feet (40') and the West thirty-three feet
(33') THEREOF.
Resolution No. 12-12
0
0_
EXHIBIT "B"
BROADWAY AVENUE
r / A yr
0
I CC
TENTH
r--1
01A
66'
.1-- 33'
010 01E
33r 40'
TWELTH
0
33'
02A 020
AVENUE
02B
0
26B SURROUNDING PARCELS
- -ROAD CENTERLINE
IJJ
CC
0
PROPOSED EXTINGUISHMENT I IH
1 Z
EX -12-12 2012-04-12 RCS