HomeMy WebLinkAboutRES 13-24RESOLUTION NO. 13-24
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON DESCANSO ROAD BETWEEN 16TH
AVENUE AND 18TH AVENUE, VISTA ROAD BETWEEN 16TH AVENUE AND
19 TH AVENUE, 18TH AVENUE BETWEEN TOMAHAWK ROAD AND WICKIUP
ROAD, AND 19TH AVENUE BETWEEN VISTA ROAD AND WICKIUP ROAD,
AND DESCRIBED IN EXTINGUISHMENT CASE EX -13-24, 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 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
municipalities pursuant to A.R.S. §§ 9-500.24 and 28-7214; and
WHEREAS, on May 15, 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 May 29, 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. 13-24
PAGE 1 OF 4
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 5TE DAY OF NOVEMBER ,2013.
SIGNED AND ATTESTED TO THIS 5TH DAY OF NOVEMBER ,2013.
0
HN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
t 11.3-13
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-24
PAGE 2 OF 4
Bel Agave Extinguishment Legal Descriptions
APN 103-20-005
The East 33 feet, the West 33 feet and the South 33 feet of the East half of the Northwest
Quarter of the Northwest Quarter of the Southwest Quarter of Section 27, Township 1
North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County,
Arizona.
APN 103-20-006
The East 33 feet and the South 33 feet of the West half of the Northwest Quarter of the
Northwest Quarter of the Southwest Quarter of Section 27, Township 1 North, Range 8
East of the Gila and Salt River Base and Meridian, Pinal County.
APN 103-20-015
The North 33 feet, the South 33 feet and the West 33 feet of the North half of the
Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 27,
Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal
County.
EXCEPT, the North 17 feet of the East 496 feet, thereof.
APN 103-20-017
The North 33 feet and the East 33 feet of the North half of the Southwest Quarter of the
Northwest Quarter of the Southwest Quarter of Section 27, Township 1 North, Range 8
East of the Gila and Salt River Base and Meridian, Pinal County.
cOR
W.S1E/C4 27 \
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Duran Thompson,P.E.
D &M ENGINEERING 1020 East Gilbert Drive,Suite D
engineen§dmengineer.com Tempe,AZ 85281
PH (480 350-9590
FAX (480)350-9486