HomeMy WebLinkAboutRES 13-32RESOLUTION NO. 13-32
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON TAMARISK STREET FROM TOMAHAWK
ROAD TO DESCANSO ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE
EX -13-32, 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 September 2, 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 September 3, 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, Centurylink, 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. 13-32
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 1CITY COUNCIJ OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 4,--f-tr-DAY OF , 2014.
SIGNED AND ATTESTED TO THIS DAY OF
ATTEST:
/Or'
A HLEEN CONN]HLEEN CONNELLY
City Clerk
APPROVED AS TO FORM1
„„‘42814
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-32
PAGE 2 OF 4
M
/1 -001
N S. INSALACO
ayor
, 2014.
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-03-064A)
The South thirty-three feet (33') of the North half of the
Southwest quarter of the Southwest quarter of the Southwest
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 fifty feet (50') and East thirty-three feet
(33') THEREOF;
PARCEL 2 (Adjacent to parcel 103-05-057C)
The North thirty-three feet (33') of the South half of the
Southwest quarter of the Southwest quarter of the Southwest
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 fifty feet (50') and East thirty-three feet
(33') THEREOF;
RESOLUTION NO. 13-32
PAGE 3 OF 4
EXHIBIT "B"
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1 <I I
r / / /
V /1
ROOSEVELT
064B
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AN
064A
065A
50'
065D
1-40'
180-062
194-526
065C
0
5
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STREET
TAMARISK
063
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STREET
UOD D
066C
40'
1- —
66'
33
JUNCTION
33
LEGEND
DRIVE
3'I////PROPOSED EXTINGUISHMENT
3 3 1 f
TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
7 V -SrN DEDICATED RIGHT—OF—WAY
- - -ROAD CENTERLINE
- — — -FEDERAL PATENT EASEMENT
PROPERTY LINE
119-086 PATENT DEED(S)
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