HomeMy WebLinkAboutRES 16-03RESOLUTION NO. 16-03
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON VAQUERO ROAD FROM FIRST AVENUE
TO SECOND AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-
16 -03, 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 December 29, 2015, 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. 16-03
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 AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS /4,-.17/DAY OF 1:14:24411,2016.
L -rdSIGNED AND ATTESTED TO THIS /Le DAY OF /24/V41 -44 , 2016.
N S.
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
cle 2.9.4
RICHARD J. STERN
City Attorney
RESOLUTION NO. 16-03
PAGE 2 OF 4
r416C101 141;71.:5_7—
• ALACO
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-05-013A and 103-05-013D)
The East thirty-three feet (33') of the Southwest quarter of the
Northwest quarter of the Northeast quarter of the Southeast
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North t h i r t y three feet (33') and the South thirty
three feet (33')THEREOF;
PARCEL 2 (Adjacent to parcel 103-05-014A and 103-05-0140)
The West thirty-three feet (33') of the Southeast quarter of the
Northwest quarter of the Northeast quarter of the Southeast
quarter of Section 22, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North t h i r t y three feet (33') and the South thirty
three feet (33')THEREOF;
RESOLUTION NO. 16-03
PAGE 3 OF 4
EXHIBIT "B"
JUNCTION STREET__—__k _ _1•_—
4 I 1
I
004 \I I I003I1111L
•1 1 1 1 I I IvI
i
•______
&AVENUE
•I Ilk•—-198-181 223-55:3--
44 013A 0140 014B 1
t•I I I I I
.I I I ILv01300014A014C1Av41 98-i 223-553 _
—A—VENUE
r e \\\•A1 021•0196
I
I 1 I 1 1 1020•1 I 1 I 10 1 10I0220<
0 4 <i 019A 01<4 0 0 cc•ix <
ccl 0cc •' t AVENUE
6 ____k1 _1WIW•Lu•I 01101II1I.__Iiw•eceel I 1W I iz I 1 I ID00za
0 1 1-1 0 _11
>_J 0I
<1
0L—v ——AVENUEAV___—4TH __
1_ _ _LEGENDII33'
3'1////PROPOSED EXTINGUISHMENT66' —.A
—t \\ V PREVIOUSLY EXTINGUISHED
r —,1
33 —1 i•
k._33''—v'DEDICATED RIGHT—OF—WAY (To REMAIN)
--- -ROAD CENTERLINE
TYPICAL FPE/ROW DIMENSION -- -FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED)PROPERTY LINE
119-086 PATENT DEED(S)i2
RESOLUTION NO.16-03 z