HomeMy WebLinkAboutRES 14-43RESOLUTION NO. 14-43
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON 13TH AVENUE FROM VAQUERO ROAD
TO HILTON ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX -14-
43, 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 November 17, 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 November 26, 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 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
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.
RESOLUTION NO. 14-43
PAGE 1 OF 4
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 COUNCL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS / 7 -v6--DAY OF 7,--cit,e 2015.
SIGNED AND ATTESTED TO THIS n er4 DAY OF
yor
ATTEST:
; 0
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
41 -4145
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-43
PAGE 2 OF 4
S. INSALACO
, 2015.
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-18-038 and 103-18-037)
The South thirty-three feet (33') of the Northeast quarter of
the Northwest quarter of the Southeast quarter of the Northeast
quarter of Section 27, 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 103-18-050B and 103-18-050A)
The North thirty-three feet (33') of the Southeast quarter of
the Northwest quarter of the Southeast quarter of the Northeast
quarter of Section 27, 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. 14-43
PAGE 3 OF 4
Fr=
029A
EXHIBIT "B"
029B
050B I 050A
049B ;
66'
31-f_ I
33'3'
TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
RESOLUTION NO.14-43
_L
13TH AVENUE 5
_
1-4TH 1 AVENUE
LEGEND
i7Z PROPOSED EXTINGUISHMENT
PREVIOUSLY EXTINGUISHED
DEDICATED RIGHT-OF-WAY
ROAD CENTERLINE
- -FEDERAL PATENT EASEMENT
PROPERTY LINE
119-086 PATENT DEED(S)