HomeMy WebLinkAboutRES 18-01RESOLUTION NO. 18-01
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING THE CREATION OF
A TWENTY-EIGHT FOOT (28') WIDE PRIVATE STREET/PRIVATE
ACCESS WAY, CASE NO. PA -1-17,IN CONJUNCTION WITH LAND
SPLIT CASE NUMBER LSM-2-17,FOR A 0.84 -ACRE SINGLE-
FAMILY RESIDENCE ("RS -10M") -ZONED PROPERTY LOCATED AT
3025 W. MANZANITA STREET.
WHEREAS, the creation of a perpetual private street (also
called a "private access way" or "PAW") has been requested by
property owner Wayne Barker in case PA -1-17, in conjunction with
his proposed land split, case LSM-2-17; and
WHEREAS, said private street is for the benefit of provid-
ing ingress and egress for the parcels proposed under LSM-2-17,
described as follows:
Parcel "A":The west 111.50 feet of the east 223 feet of
the north half of Lot 27, Section 18, Township 1 North,
Range 8 East of the Gila and Salt River Base and Meridian,
Pinal County, Arizona; and
Parcel "B":The east 111.50 feet of the north half of Lot
27, Section 18, Township 1 North, Range 8 East of the Gila
and Salt River Base and Meridian,Pinal County, Arizona;
and
WHEREAS, said private street shall also continue to provide
access to Pinal County assessor parcel number 100-38-026C, which
lies west of the above -described parcels and which is legally
described as follows;
Parcel 100-38-026C:The west 190 feet of the east 413 feet
of the north half of Lot 27, Section 18, Township 1 North,
Range 8 East of the Gila and Salt River Base and Meridian,
Pinal County, Arizona; and
WHEREAS, the creation of the private street is reasonable
and appropriate to provide access to new parcels proposed in
LSM-2-17 and to the existing land -locked parcel 100-38-026C,
which has historically been accessed across Parcels A and B
described above; and
RESOLUTION NO. 18-01
PAGE 1 OF 3
WHEREAS, on January 9, 2018, the City of Apache Junction
Planning and Zoning Commission held a public hearing on case PA-
1 -17 and voted 7-0 to recommend approval of the private street
to the City Council, with conditions; and
WHEREAS, satisfactory evidence has been submitted to
indicate that the proposed private street does not present a
potential hazard to vehicular and/or pedestrian traffic, and
that the proposed private street complies with the criteria for
private streets pursuant to Apache Junction City Code,Volume
II,Land Development Code,Chapter 1:Zoning Ordinance,Article
1-7:Parking, Loading and Circulation Regulations,Section 1-7-
6:Private Street Standards,as recommended by the Planning and
Zoning Commission and approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
Council of the City of Apache Junction, Arizona, that the
private street, as described herein and as depicted on Land
Split Map LSM-2-17, be approved subject to the following
conditions:
1)The property owner shall coordinate with the city's Public
Works' City Engineer's office to prepare and execute a
right-of-way dedication document for his half of the N.
Cedar Drive federally patented easement.
2)The property owner shall finalize land split map LSM-2-17
and shall record deeds for the new properties approved by
LSM-2-17.
3)The property owner in case PA -1-17 shall improve the PAW
with a chip seal treatment to the edge of the N. Cedar
Drive improvements, to be approved and inspected by the
city's Development Services and Public Works Engineers,
including the securing of any necessary permits to do work
in the city's right-of-way.
4)The property owner shall separately prepare an Easement for
Perpetual Right of Ingress and Egress deed which memorial-
izes the council's approval of case PA -1-17; which grants
right of access to present and future owners of the
properties described and depicted on LSM-2-17, including
parcel 100-38-026C; which also grants right of access to
RESOLUTION NO. 18-01
PAGE 2 OF 3
emergency and non -emergency city personnel and utility
providers; and which requires that the perpetual
maintenance and upkeep of the PAW approved by PA -1-17 is
the responsibility of the property owners which benefit
from it.
5)Approval of this PAW is exclusively for the properties
described herein, current parcels 100-38-025 (and future
split) and 100-38-026C.No other splits or easements shall
be created On these properties without first receiving the
necessary administrative or city council approvals.Any
documents which may have been recorded in contravention to
the city's requirements and processes shall be eradicated
by the appropriate parties.
6)All conditions of this PA -1-17 approval shall be satisfied
and complied with within one year of the approval date of
PA -1-17.
7)Proper building permits shall be obtained and inspections
and approvals received for any building, electrical,
plumbing, remodeling and/or other property improvements as
necessary.
PASSED AND ADOPTED BY THE MAYOR AND C_IIY COUNCIL. OF THE CITY OF
APACHE JUNCTION, ARIZONA, ON THIS /1 DAY , 2018.
il l*SIGNED AND ATTESTED TO THIS fIg DAY OF + A - A y , 2018.
JE Ff/fiS ERDY
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
1°1/418
RICHARD J. STERN
City Attorney
RESOLUTION NO. 18-01
PAGE 3 OF 3