HomeMy WebLinkAboutRES 15-31RESOLUTION NO. 15-31
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
O F APACHE JUNCTION,ARIZONA,DECLARING THAT THE
DEDICATED 2ND AVENUE PUBLIC RIGHT-OF-WAY LOCATED BETWEEN
IDAHO ROAD AND EXPLORER ROAD IS NO LONGER NECESSARY FOR
PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AS
PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY;APPROPRIATE
STAFF SHALL ISSUE AND RECORD A WARRANTY DEED TO THE
ADJACENT PROPERTY OWNER AFTER RECEIPT OF FAIR VALUE IS
PROVIDED TO CITY.
WHEREAS,the City of Apache Junction is the holder of an
improved dedicated public right-of-way over certain parcels of
real property located in the Downtown Crossroads Redevelopment
Area as described in Exhibit A and depicted in Exhibit B; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4(A)
and A.R.S..5 28-7204,the city may abandon any dedicated public
right-of-way it determines is no longer needed for public use; and
WHEREAS,recently,there has been private development
interest for the northeast corner of Idaho Road and Old West
Highway; and
WHEREAS,2nd Avenue bifurcates the two primary parcels
anticipated for private development; and
WHEREAS,to experience the full benefit of private
development in this area,it is necessary to abandon 2nd Avenue
and merge it into the adjacent parcels to allow a larger parcel to
be marketed for development; and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the
Director of Public Works sought comment on the abandonment concept
from the Development Services Director,the Public Safety
Director,the Superstition Fire and Medical District, as well as
all public utility providers; and
WHEREAS, based on the responses,the Public Works Director
recommended abandonment of the noted public right-of-way; and
WHEREAS, the abandonment would not leave a parcel in separate
ownership without access to an established public roadway or
RESOLUTION NO. 15-31
PAGE 1 OF 3
easement connecting such lands with another public roadway or
easement; and
WHEREAS,the adjacent owner of the property has agreed to
compensate the city fair value for the Downtown Redevelopment Area
right-of-way pursuant to A.R.S. § 36-1480; and
WHEREAS, pursuant to A.R.S. § 9-402, in order to sell property
owned by a city, the city must complete a 60 day public bid process;
and
WHEREAS, such process has been completed, together with all
public notifications,public postings and public hearings; and
WHEREAS,WGG Partners,LLC,responded to the bid with
favorable recommendation of staff.
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 2nd Avenue dedicated public right-of-way,as
described in Exhibit A and depicted in Exhibit B,is no longer
necessary for public roadway purposes and,since the adjoining
property owner has agreed to pay the fair value of the property
pursuant to A.R.S. §36-1480 through a public bid process,the
right-of-way is hereby abandoned.
2)On or before November 24, 2015, staff is authorized to
execute a warranty deed to the adjoining property owner and
successful bidder, WGG Partners, L.L.C., for the 2nd Avenue right-
of-way,in exchange for fair value,which the Mayor and City
Council determines t o be $100,000.00 and demolition of the
structure located on the southwest corner of Junction Street and
Outpost Road.
3)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 altDAY OF NOVEMBER, 2015.
4SIGNED AND ATTESTED TO THIS ifri17 DAY OF NOVEMBER, 2015.
RESOLUTION NO. 15-31
PAGE 2 OF 3
N S. INSIDISACO
ayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 15-31
PAGE 3 OF 3
EXHIBIT A
Legal Description
CITY OF APACHE JUNCTION
PUBLIC WORKS DEPARTMENT EXHIBIT A
PAGE:1 OF 1
DATE:11/04/2015
A PORTION OF RIGHT-OF-WAY LOCATED WITHIN THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 21,TOWNSHIP 1 NORTH,RANGE 8 EAST OF THE GILA AND SALT RIVER
BASE AND MERIDIAN,PINAL COUNTY,ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION FROM WHICH THE SOUTHWEST
CORNER OF SAID SECTION BEARS SOUTH 0000'05" EAST,2637.59 FEET;
THENCE SOUTH 0000'05" EAST,529.81 FEET ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION:
THENCE NORTH 8959'55" EAST,50.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF IDAHO
ROAD ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF 2ND AVENUE,SAID POINT BEING THE
POINT OF BEGINNING AND ALSO BEGINNING A NON -TANGENT CURVE CONCAVE NORTHEASTERLY
WHOSE CENTER RADIUS BEARS NORTH 89'59'07" EAST,20,00 FEET;THENCE ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9009'18",31.47 FEET;
THENCE CONTINUING ALONG THE NORTH LINE OF SAID RIGHT-OF-WAY FOR THE FOLLOWING
FOUR CALLS;
THENCE NORTH 8949'49" EAST,14.85 FEET;
THENCE SOUTH 5456'22" EAST,68.95 FEET;
THENCE SOUTH 0008'44" EAST,16.67 FEET TO THE BEGINNING OF A NON -TANGENTIAL CURVE
CONCAVE TO THE NORTHEAST WHOSE CENTER RADIUS BEARS NORTH 89'49'53"EAST,20.00
FEET;THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8958'59",
31.41 FEET;
THENCE NORTH 89'50'54" EAST,446.30 FEET TO THE BEGINNING OF A TANGENTIAL CURVE
CONCAVE TO THE NORTHWEST WHOSE CENTER RADIUS BEARS NORTH 0009'06" WEST,20.00
FEET;THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'50'34",
31.36 FEET TO THE WEST RIGHT-OF-WAY LINE OF EXPLORER ROAD;
THENCE NORTH 0000'20" EAST,546.34 FEET TO THE BEGINNING OF A TANGENTIAL CURVE
CONCAVE TO THE SOUTHWEST WHOSE CENTER RADIUS BEARS NORTH 8959'40" WEST,20.00
FEET;THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90'09'02",
31.47 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF JUNCTION STREET;
THENCE NORTH 8951'18" EAST,53.05 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE
CENTERLINE OF COLT ROAD;
THENCE SOUTH 0000'20" WEST,619.33 FEET ALONG THE CENTERLINE OF COLT ROAD TO THE
CENTERLINE OF 2ND AVENUE;
THENCE SOUTH 8950'54" WEST,535.51 FEET ALONG THE CENTERLINE OF 2ND AVENUE TO THE
SOUTH RIGHT-OF-WAY LINE OF 2ND AVENUE;
THENCE NORTH 5453'05" WEST,91.90 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE EAST
RIGHT-OF-WAY LINE OF IDAHO ROAD;
THENCE NORTH 00'05'05" WEST,76.41 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT
OF BEGINNING;
DESCRIBED RIGHT-OF-WAY CONTAINS 43,712 SQUARE FEET OR 1.0035 ACRES MORE OR LESS
EXHIBIT B
Map
CITY OF APACHE JUNCTION
PUBLIC WORKS DEPARTMENT EXHIBIT B
PAGE:1 OF 2
DATE:11/04/2015
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CITY OF APACHE JUNCTION
PUBLIC WORKS DEPARTMENT EXHIBIT B
PAGE:2 OF 2
DATE:11/04/2015
LINE TABLE
LINE BEARING LENGTH
L1 N89'59'55"E 50.00'
L2 N89' 49'49"E 14.85'
L3 S5456'22"E 68.95'
L4 S00'08'44"E 16.67'
L5 N8951'18"E 53.05'
L6 N5453'05"W 91.90'
L7 N00'05'05"W 76.41'
CURVE TABLE
LINE RADIUS LENGTH DELTA CHORD CHORD LENGTH
Cl 20.00'31.47'9009'18"S45'05'32"E 28.32'
C2
.
20.00'31.41'89'58'59"S45'09'37"E 28.28'
C3 20.00'
i
31.36'89'50'34"N44'55'37"E 28.25'
C4 20.00'31.47'9009'02"N45'04'11''W 28.32'
LEGEND
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING
0 FND BCHH AT W1/4 CORNER,SEC 21,T 1 N,R 8 E
0 END BCHH AT SW CORNER,SEC 21,T 1 N,R 8 E
MONUMENT LINE
LOT LINE
RIGHT-OF-WAYVA