HomeMy WebLinkAboutRES 12-13RESOLUTION NO.12-13
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED
PUBLIC RIGHT-OF-WAY, BEING A PORTION OF KACHINA AVENUE EAST
OF CACTUS STREET INSIDE THE PALM SPRINGS UNIT 2 SUBDIVISION
AND DESCRIBED IN VACATION CASE NO. 12-13, ARE NO LONGER
NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY
VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction became the fee simple
owner of the right-of-way by Final Plat of Palm Springs Unit 2
subdivision on October 1956, as recorded at the office of the
Pinal County Recorder in Docket 1978-000343, and more
particularly described in Exhibit A and depicted in Exhibit B;
and
WHEREAS, the parcel owners of APN 102-03-252 and APN 102-
03-251 desire to vacate the portion between both parcels, a
dedicated fifty foot right-of-way along Kachina Avenue from
Cactus Street to approximately one hundred eighty feet east to
the east boundary of the Palm Springs Unit 2 Subdivision; and
WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City
Code § 13-2-4, the City may sell and convey the land within a
roadway by quitclaim deed after a sixty (60) day notice of sale;
and
WHEREAS, pursuant to ARS § 23-7204 and § 28-7205, as well
as Apache Junction City Code § 13-2-4, abutting property owners
have preference rights for purchasing adjacent vacated right-of-
way; and
WHEREAS, pursuant to AS § 28-7208, vesting of title is
subject to the giving of consideration to the governing body
from the owner of the abutting property owner in an amount
deemed by the governing body to be commensurate with the value
of the vacated roadway; and
WHEREAS, pursuant to ARS § 28-7208, the City Engineer
estimates market value of the dedicated portion of Kachina
Avenue to be $920, taking into consideration the degree of
fragmentation, drainage mitigation, encroachments and
obstructions, and other public benefits; and
WHEREAS, the portion of right-of-way to be vacated shall be
divided in half, resulting in two parcels to be sold; and
RESOLUTION NO. 12-13
Page 1 of 3
WHEREAS, two purchase offers were submitted to the office
of the City Clerk within the sixty day sale notification period
by the abutting property owners, each in the amount of $465, one
offer for each half of the right-of-way; and
WHEREAS, the sum total of the offers received exceeds the
market valuation of the City Engineer of the portion of right-
of-way to be vacated; and
WHEREAS, the City Engineer recommends acceptance of the two
purchase offers, each in the amount of $465 for a total of $930
from the abutting property owners; and
WHEREAS, the vacation, 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, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on February 13, 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
Southwest Gas, the Public Safety Director and Development
Services; and no response was received from Salt River Project,
Arizona Water Company,Mediacom, Superstition Mountain Community
Facilities District, the Apache Junction Fire District, and
Century Link.
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 dedicated Kachina'Avenue roadway described in
Exhibits A, and depicted in Exhibits B for each of the
abutting parcels, is classified as a local street on the
Street Classification Plan and is no longer necessary for
roadway purposes and is hereby abandoned and vacated for
public roadway purposes.
2. The title to the vacated roadway shall vest in the abutting
property owner upon receipt of payment in the amount
described above, and staff is authorized to execute any and
RESOLUTION NO. 12-13
Page 2 of 3
all documents necessary to complete the transfer of ownership
of the roadway.
3. 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 AriUST , 2012.
SIGNED AND ATTESTED TO THE 21ST DAY OF AUGUST , 2012.
ATTEST:
Mayor
KATHLEEN ((,NNELL1
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 12-13
Page 3 of 3
EXHIBIT A
VACATION PARCEL (Adjacent to parcel 102-03-251)
A parcel of land lying within the plat of subdivision of PALM
SPRINGS UNIT 2, recorded in Book 8 of Maps, page 3, records of
Pinal County, Arizona, more particularly described as follows:
BEGINNING at the Northeast corner of Lot 410 of said plat;
thence South 89 degrees 58 minutes 38 seconds West, 159.96 feet,
along the North line of said Lot 410 to a point of curvature;
thence along the Northwesterly line of said Lot 410, along a.,-;
curve to the left having a• tangentof 20.00 feet, a radius of
19.97 feet, a central angle of 90 degrees. 05 minutes 56 seconds
and an arc length of 31.40 feet, to a point on the Easterly
right-of-way line of Cactus Street (formerly known as 3rd Street
on said plat);
thence North 00 degrees 07 minutes 18 seconds West, 45.00 feet,
along a line 25.00 feet East of and parallel with the centerline
of said Cactus Street, to a point on the centerline of Rachina
Drive (formerly known as Ralina Drive on said plat);
thence North 89 degrees 58 minutes 38 seconds East, 180.00 feet,
along said centerline to a point on the East line of said plat;
thence South 00 degrees 01 minutes 22 seconds East, 25.00 feet,
along said East line to the POINT OF BEGINNING.
Containing 4,585 sq.ft. gross, more or less.
21773
'VASA
,10;1 HENT
Ng6<nMA11W i k
1°'iteES
Jogji-jz,- 0504
NOT TO SCALE
164 25'
LOT 324
'1,1)KACHINA
11)
LOT 342
182
NA ,t)-
/?TS 3—
JOB NO.12-0504
EXHIBIT B
25'
(I)
25'
LOT 412
LOT 411
1'1 r )
253
I l l
c f'I
'Yo ,
0
C.)
LOT 410
25'
LOT 409
251
LOT 410
252
7r)
//
/go obi/•/
159.96'
251
249A
ASSESSOR'S PARCEL NUMBER
LOT NO.PER PALM SPRINGS UNIT 2
BOOK 8 OF MAPS,PAGE 3
ROAD CENTERLINE
ROADWAY VACATION
EXHIBIT A
VACATION PARCEL (Adjacent to parcel 102-03-252)
A parcel of land lying within the plat of subdivision of PALM
SPRINGS UNIT 2, recorded in Book 8 of Maps, page 3, records of
Pinal County, Arizona, more particularly described as follows:
BEGINNING at the Southeast corner of Lot 411 of said plat;
thence South 89 degrees 58 minutes 38 seconds West, 160.00 feet,
along the South line of said Lot 411 to a point of curvature;
thence along the Southwesterly line of said Lot 411, along a
curve to the right having a tangent of 20.00 feet, a radius of
20.00 feet, a central angle of 90 degrees 00 minutes 00 seconds
and an arc length of 31.42 feet, to a point on the Easterly
right-of-way line of Cactus Street (formerly known as 3rd Street
on said plat);
thence South 00 degrees 01 minutes 22 seconds East, 45.00 feet,
along a line 25.00 feet East of and parallel with the centerline
of said Cactus. Street, to a point on the centerline of Rachina
Drive (formerly known as Kalina Drive on said plat);
thence North 89 degrees 58 minutes 38 seconds East, 180.00 feet,
along said centerline to a point on the East line of said plat;
thence North 00 degrees 01 minutes 22 seconds West, 25.00 feet,
along said East line to the POINT OF BEGINNING.
Containing 4,585 sq.ft. gross, more or less.
zN.ZiKi0"
)(Pile&
Jets* tz-0.504
NOT TO SCALE
164 25'
LOT 324
'LO
C
EXHIBIT B
LOT 412
LOT 411
253
25'252
(f)
160.00'
180,00'
KACHINA 25'-LcQ D
"iES 3—.51\/
JOB NO.12-0504
LOT 342
182
25'V )
I I-
LOT 410
25'
251
LOT 409
249A
251
LOT 411
= 1
ASSESSOR'S PARCEL NUMBER
LOT NO.PER PALM SPRINGS UNIT 2
BOOK 8 OF MAPS,PAGE 3
ROAD CENTERLINE
ROADWAY VACATION