HomeMy WebLinkAboutRES 14-34RESOLUTION NO. 14-34
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON 7TH AVENUE FROM WICKIUP ROAD TO
CHAPARRAL ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -14-
34, 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, on July 14, 2014, 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 14, 2014, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Superstition Fire and
Medical 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, Mediacom,
Southwest Gas, the Development Services Director, and the Public
Safety Director; and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of the identified public
roadway easements; 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. 14-34
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
APACHE
AND ADOPTED BY THE MAYOR AND EsITY COUNCIL OF THE CITY OF
JUNCTION, ARIZONA, THIS A ? "DAY OF 6g44,97", 2014.
ir211.1SIGNED AND ATTESTED TO THIS rl DAY OF , 2014.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
tky
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-34
PAGE 2 OF 4
JOHN . INSALACO
Mayor_
the./'lik4t.t."1
e_,Ter7
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-04-056 and 103-04-054)
The South thirty-three feet (33') of the Northwest quarter of
the Southwest quarter of the Southeast quarter of the Southwest
quarter of Section 15, 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 East thirty
three feet (33') THEREOF;
PARCEL 2 (Adjacent to parcel 103-04-066C)
The North thirty-three feet (33') of the Southwest quarter of
the Southwest quarter of the Southeast quarter of the Southwest
quarter of Section 15, 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 East thirty
three feet (33') THEREOF;
RESOLUTION NO. 14-34
PAGE 3 OF 4
Fr
046B I I
di 1-1
046A ; ;047A
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057A
057B
065A !
066C
EXHIBIT "B"
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065B I' 1
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BROADWAY
AVENUE
5TH
048C
053A
_
7TH
067B
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053B
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-A-VLNUE
067A
AVENUE
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LEGEND
66'
i761:313'1//1)PROPOSED EXTINGUISHMENT
A33' f
33'
TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERVVISE NOTED)
RESOLUTION NO.14-34
DEDICATED
ROAD CENTERLINE
FEDERAL PATENT EASEMENT
PROPERTY LINE
119-086 PATENT DEED(S)
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