HomeMy WebLinkAboutRES 19-17 RESOLUTION NO. 1 -17
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY O
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON DESERT VIEW DRIVE FROM
MOCKINGBIRD STREET TO ROUNDUP STREET, AND DESCRIBED I
EXTINGUISHMENT CASE E -19-17, 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
("FP Es") as described in Exhibit A and depicted in Exhibit B,
for public roadway purposes; an
WHEREAS, such easements may be extinguished by local
municipalities pursuant toA.R.S. §§ 9-500. 4 and 2 -721 ; and
WHEREAS, on May 9, 2019, 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 § 1 -2- , 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. 19-17
PAGE 1 OF 4
O , THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APC E JUNCTION, ARIZO A 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 mini is 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, AIZONA, THIS DAY OF 2019.
SIGNED AND ATTESTED TO THIS DAY OF 2019.
JEFF S Y
Mayor
ATTEST:
OHLEE ,71 m.
0 E LY
N
Clerk
APPROVED AS TO FORM:
<1 -7
Of -s 16
RIC ARD J. STERN
City Attorney
RESOLUTION O. 19-17
PAGE 2 OF
EXHIBIT A
PARCEL 1 (Adjacent to parcel 100- -000)
The East thirty-three feet ( 3' ) of the North half of the
Northwest quarter of the Southeast quarter of the Southwest
quarter of Section 18, Township 1 North, Range 3 East of the
Gila and Salt River Base and Meridian, Pi al County, Arizona;
EXCEPT the North thirty three feet (33' ) THEREOF;
PARCEL 2 (Adjacent to parcel 100- 0-0010)
The West thirty-three feet (331 ) of the North half of the
Northeast quarter of the Southeast quarter of the Southwest
quarter of Section 1 , Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the North thirty three feet (33' ) THEREOF;
RESOLUTION NO. 1 -17
PAGE 3 OF
- I
I I
I I
I
I E I
EXHIBIT "B"
XX
I I
I006 1 I®
I I
I I I
11-22
217-07 - ® T -
88- 4 - ® -
uj I f i I
I I I I I
10
I
`I- 027
028
LEGEND
I I
- -
- I 33,
' 3' PROPOSED EXTINGUISHMENT
66
I I - PREVIOUSLY EXTINGUISHED
® ® ®33® ITED RIGHT-OF-WAY (TO REMAIN)
--- ROAD CENTERLINE
TYPICAL DIMENSION - - FEDERAL PATENT EASEMENT
(UNLESS OTHERWISE NOTED) PROPERTY LINE
119-ow PATENT (S)
RESOLUTION . 1 -17