HomeMy WebLinkAboutRES 12-02RESOLUTION NO.12-02
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON FIRST AVENUE AND SECOND AVENUE
FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, AND WAGONWHEEL ROAD
FROM FIRST AVENUE TO SECOND AVENUE, AND DESCRIBED IN
EXTINGUISHMENT CASE EX -12-02, 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
201 Page 581, originally conveyed February 1958, Docket 223 Page
554, originally conveyed January 1959, Docket 177 Page 368,
originally conveyed September 1956, and Docket 162 Page 203,
originally conveyed June 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, 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 December 20, 2011 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 December 27, 2011, 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. 12-02
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 7TH DAY OF FEBRUARY , 2012.
SIGNED AND ATTESTED TO THIS 7TH DAY OF FEBRUARY , 2012.
HN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY 7
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
Resolution No. 12-02
Page 2 of 2
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-05-001A)
The South thirty-three feet (33') of the Northeast quarter of
the Northeast quarter of the Northeast quarter of the Southeast
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 fifty feet (50') THEREOF;
PARCEL 2 (Adjacent to parcel 103-05-016)
The North thirty-three feet (33') and the South thirty-three
feet (33') of the Southeast quarter of the Northeast quarter of
the Northeast quarter of the Southeast 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 fifty feet (50') THEREOF;
PARCEL 3 (Adjacent to parcel 103-05-016)
The West thirty-three feet (33') of the Southeast quarter of the
Northeast quarter of the Northeast quarter of the Southeast
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
PARCEL 4 (Adjacent to parcel 103-05-015)
The East thirty-three feet (33') of the Southwest quarter of the
Northeast quarter of the Northeast quarter of the Southeast
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
PARCEL 5 (Adjacent to parcel 103-05-017A)
The North thirty-three feet (33') of the Northeast quarter of
the Southeast quarter of the Northeast quarter of the Southeast
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 fifty (50') THEREOF.
Resolution No. 12-02
EXHIBIT "B"
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1
JUNCTION STREET
02B
02C
FIRST
015
SECOND
33'
66'
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18B
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01A
33'
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IF
016
33'
50'
50'
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I 66'
26B
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PROPOSED EXTINGUISHMENT I
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SURROUNDING PARCELS
ROAD CENTERLINE
EX -12-02 2012-01-19 DNS