HomeMy WebLinkAboutRES 12-15RESOLUTION NO.12-15
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 BOWMAN ROAD BETWEEN
TWELFTH AVENUE AND ELEVENTH AVENUE AND DESCRIBED IN
VACATION CASE NO.12-15, 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 Warranty Deed on November 12, 1997, as
recorded at the office of the Pinal County Recorder in Docket
1997-040976, and more particularly described in Exhibit A and
depicted in Exhibit B; and
WHEREAS, the parcel owner of APN 103-19-014G desires to
vacate the westerly thirty-three foot right-of-way of the south
half along Bowman Road from Twelfth Avenue to Eleventh Avenue;
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 § 28-7204 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 ARS § 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 Bowman Road
to be $445, taking into consideration the degree of
fragmentation, drainage mitigation, encroachments and
obstructions, and other public benefits; and
WHEREAS, one purchase offer was submitted to the office of
the City Clerk within the sixty day sale notification period, by
the abutting property owner in the amount of $475, which exceeds
the market valuation of the City Engineer; and
RESOLUTION NO. 12-15
Page 1 of 3
WHEREAS, the City Engineer recommends acceptance of the
purchase offer in the amount of $475 from the abutting property
owner; 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 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
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 Bowman Road roadway described in
Exhibit A, and depicted in Exhibit B, 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
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.
RESOLUTION NO. 12-15
Page 2 of 3
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS21ST DAY OF Nyug _,2012.
SIGNED AND ATTESTED TO THE 21ST DAY OF AUnUST ,2012.
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
ai,2"z
RICHARD J. STERN
City Attorney
RESOLUTION NO. 12-15
Page 3 of 3
EXHIBIT A
VACATION PARCEL (Adjacent to parcel 103-19-014G)
The East 33.00 feet 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 South 33.00 feet thereof.
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NOT TO SCALE
014A
014G
EXHIBIT B
013
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33'
015A
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33'133'r
016D
12th /:--))1,2 AVE.
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019A 018E
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/RES 3-
JOB NO.12-0503
014G ASSESSOR'S PARCEL NUMBER
ROAD CENTERLINE
ROADWAY VACATION