HomeMy WebLinkAboutRES 13-01RESOLUTION NO. 13-01
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON MOCKINGBIRD STREET, GREASEWOOD
STREET AND SIESTA STREET FROM MAIN DRIVE TO SAGUARO DRIVE,
MAIN DRIVE FROM SIESTA STREET TO MOCKI-NGBIRD STREET, AND
SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET, AND
DESCRIBED IN EXTINGUISHMENT CASE EX -13-01, 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 Federal
Patent Number 1187972, originally conveyed November 1958, Docket
227 Page 72, originally conveyed July 1958, and Docket 227 Page
70, originally conveyed May 1958, 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, on January 17, 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 February 12, 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
RESOLUTION NO. 13-01
PAGE 1 OF 2
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 MAY ,2013.
SIGNED AND ATTESTED TO THIS 7TH DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
/ 3
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-01
PAGE 2 OF 2
MAY ,2013.
HN S. INSALACO
ayor
sTAigiti
EXHIBIT "A"
4itAns EXTINGUISHMENT LEGAL DESCRIPTIONS
Parcel No. 1 (APN,100-35-022)
The East 33 feet of the North Half of the Northwest Quarter of the Southeast Quarter of the
Southeast Quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River
Base and Meridian, Pinal County, Arizona.
EXCEPT, the North 33 Feet of the East 33 Feet, thereof.
Parcel No. 2 (.API4 /00-35-027)
The East 33 feet 'the South 33 Feet of the South Half of the Northwest Quarter of the
Southeast Quarter of the Southeast Quarter of Section 18, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT, the WeSt 33 Feet of the South 33 Feet, thereof.
Parcel No. 1(0N-400-35-03M
The East 33 feet and the North 33 Feet of the North Half of the Southwest Quarter of the
Southeast Quarter of the Southeast Quarter of Section 18, Township 1 North, Range 6 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizonai
EXCEPT, the West 33 Feet of the North 33 Feet, thereof.
0021RES 09/10/204
ROUNDUP
EXHIBIT "B"
GREASEWOOD
uJ
022
11879721 LLI- - - - -I >
I cc
227-0721 0
027
STREET
T 030
227-072
— — -
227-070
227-7_0_1
035
SUPERSTITION I BOULEVARD
66'
33'
66
LEGEND
TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
PROPOSED EXTINGUISHMENT
FEDERAL PATENT EASEMENT
DEDICATED RIGHT-OF-WAY
- - -ROAD CENTERLINE
PROPERTY LOTS
194-351 PATENT DEEDS
RESOLUTION NO.13-01