HomeMy WebLinkAboutRES 13-17RESOLUTION NO. 13-17
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON CHOLLA STREET BETWEEN VISTA
ROAD AND WICKIUP ROAD AND RAINDANCE ROAD BETWEEN
SUPERSTITION BOULEVARD AND CODY STREET, AND DESCRIBED IN
EXTINGUISHMENT CASE EX -13-17, 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 federally patented easements "FPEs" as
described in Exhibit A and depicted in Exhibit B, for public
roadway purposes; and
WHEREAS, such easements may be extinguished by local
municipalities 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 July 1, 2013, 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 July 1, 2013, 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, Superstition Mountains
Community Facilities District No. 1, Century Link, 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. 13-17
PAGE 1 OF 5
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 5TH DAY OF NOVEMBER 2013.
SIGNED AND ATTESTED TO THIS 5TH DAY OF NOVEMBER ,2013.
RN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
e g 11-31 3
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-17
PAGE 2 OF 5
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-03-007)
The South thirty-three feet (33') and East thirty-three feet
(33') of the Northwest quarter of the Northeast quarter of the
Northwest quarter of the Northwest quarter of Section 22,
Township 1 North, Range 8 East of the Gila and Salt River Base
and Meridian, Pinal County, Arizona;
EXCEPT the West thirty three feet (33') and the North fifty feet
(50') THEREOF;
PARCEL 2 (Adjacent to parcel 103-03-006)
The West thirty-three feet (33') and South thirty-three feet
(33') of the Northeast quarter of the Northeast quarter of the
Northwest quarter of the Northwest quarter of Section 22,
Township 1 North, Range 8 East of the Gila and Salt River Base
and Meridian, Pinal County, Arizona;
EXCEPT the North fifty feet (50') and East thirty three feet
(33') THEREOF;
PARCEL 3 (Adjacent to parcel 103-03-013B)
The North thirty-three feet (33') and East thirty-three feet
(33') of the North half of the Southwest quarter of the
Northeast quarter of the Northwest quarter of the Northwest
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the West thirty three feet (33') THEREOF;
PARCEL 4 (Adjacent to parcel 103-03-013A)
The East thirty-three feet (33') of the South half of the
Southwest quarter of the Northeast quarter of the Northwest
quarter of the Northwest quarter of Section 22, Township 1
North, Range 8 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona;
EXCEPT the South thirty three feet (33') THEREOF;
RESOLUTION NO. 13-17
PAGE 3 OF 5
PARCEL 5 (Adjacent to parcel 103-03-014A)
The West thirty-three feet (33') and the North thirty three feet
(33') of the West half of the Southeast quarter of the Northeast
quarter of the Northwest quarter of the Northwest quarter of
Section 22, Township 1 North, Range 8 East of the Gila and Salt
River Base and Meridian, Pinal County, Arizona;
EXCEPT the South thirty three feet (33') THEREOF;
PARCEL 6 (Adjacent to parcel 103-03-014B)
The North thirty three feet (33') of the East half of the
Southeast quarter of the Northeast quarter of the Northwest
quarter of the Northwest 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 thirty three feet (33') THEREOF;
RESOLUTION NO. 13-17
PAGE 4 OF 5
SUPERSTITION
0cc
013A
66'
CODY
33'
I— 33'
EXHIBIT "B"
3'
TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
RESOLUTION NO.13-17
PAGE 5 OF 5
LEGEND
BOULEVARD
STREET
I I
cL2
014B (g)
1190086
PROPOSED EXTINGUISHMENT
FEDERAL PATENT EASEMENT
DEDICATED RIGHT—OF—WAY
ROAD CENTERLINE
PROPERTY LOTS
PATENT DEEDS
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