HomeMy WebLinkAboutRES 16-24RESOLUTION NO. 16-24
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON 11TH AVENUE FROM CORTEZ ROAD TO
STAGECOACH ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-
16 -24, 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, AZ (the "City"), 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 11, 2016, the "Applicant", paid the
required non-refundable application and filing fee for the
extinguishment request pursuant to City Code § 13-2-4 (H); and
WHEREAS, pursuant to City Code § 13-2-4, the director of
public works, 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, 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. 16-24
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 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
4
A D CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 1/1 DAY OF.M A:440715,IEW2016.
SIGNED 6-034-AND ATTESTED TO THIS .DAY OF ;5gionV01664,2016.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 16-24
PAGE 2 OF 4
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-18-024C)
The South thirty-three feet (33') of the Northwest quarter of
the Southwest quarter of the Northwest 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 forty feet (40') and the East thirty three feet
(33') THEREOF;
PARCEL 2 (Adjacent to parcel 103-18-025D)
The North thirty-three feet (33') of the Southwest quarter of
the Southwest quarter of the Northwest 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 forty feet (40') and the East thirty three feet
(33') THEREOF;
RESOLUTION NO. 16-24
PAGE 3 OF 4
EXHIBIT "B"
9TH AVENUE
10TH_ __AVENUE
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TYPICAL FPE/ROW DIMENSION
(UNLESS OTHERWISE NOTED)
LEGEND
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PROPOSED EXTINGUISHMENTPREVIOUSLY EXTINGUISHEDDEDICATED RIGHT—OF—WAY(To REMNN)vw .._........,--- ROAD CENTERLINE- — —' FEDERAL PATENT EASEMENTPROPERTY LINE
119-086 PATENT DEED(S)RESOLUTION NO.16-24