HomeMy WebLinkAboutRES 12-14RESOLUTION NO.12-14
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF
PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN
TWELFTH AVENUE AND ELEVENTH AVENUE, AND DESCRIBED IN
EXTINGUISHMENT CASE EX -12-14, 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
161 Page 408, originally conveyed September 1956, and Docket
1997-040976, originally conveyed November 1997, 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 parcel owner of APN 103-19-014G desires to
extinguish the easterly thirty-three foot Federal patent
easement and extinguish the westerly thirty-three foot Federal
patent easement of the north half along Bowman Road from Twelfth
Avenue to Eleventh Avenue; 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
(A), the Director of Public Works recommends the extinguishment
of said public roadway easements; and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of said public roadway
easements; 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
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
Resolution No. 12-14
Page 1 of 3
Facilities District,the Apache Junction Fire District, and
Century Link.
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 Bowman Road 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.
Resolution No. 12-14
Page 2 of 3
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 AUPUST _,2012.
Mayor
ATTEST:
KATHLEEN CONNELLY 0
City Clerk
APPROVED AS TO FORM:
S-17
RICHARD J. STERN
City Attorney
Resolution No. 12-14
Page 3 of 3
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-19-014A & parcel 103-19-014E)
The East thirty-three feet (33') of the South.half of the East
half of the South half of the Southwest 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 North thirty-three feet (33') THEREOF;
PARCEL 2 (Adjacent to parcel 103-19-016D)
The West thirty-three feet (33') of the South half of the East
half of the South half of the Southwest 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, Final County, Arizona;
EXCEPT the North thirty-three feet (33') and the South thirty-
three feet (33') THEREOF.
EXHIBIT "B"
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SURROUNDING PARCELS
ROAD CENTERLINE
PROPOSED
EXTINGUISHMENT cr).z17
EX -12-14 2012-0718 RCS
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