HomeMy WebLinkAboutRES 21-34 RESOLUTION NO. 21-34
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING THAT A DEDICATED
PUBLIC RIGHT-OF-WAY LOCATED AT NESS BOULEVARD FROM NORTH
APACHE TRAIL TO IDAHO 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, pursuant to Apache Junction City Code Volume 1, §
13-2-4 (A) and A.R.S. § 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; and
WHEREAS, to experience the full benefit of private
development in this area, it is necessary to abandon Ness Boulevard
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 Volume 1, §
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
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 right-of-way pursuant to
A.R.S. § 36-1480; and
RESOLUTION NO. 21-34
PAGE 1 OF 5
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, Wayne Ness Trustee, 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 15th 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) Staff is authorized to execute a warranty deed to the
adjoining property owner and successful bidder, Wayne Ness
Trustee, for the Ness Boulevard right-of-way, in exchange for fair
value, which the mayor and city council determines to be $5, 500 . 00.
3) Nothing in this approval extinguishes any utility
easement interest of any public utility agency or entity on the
subject street right-of-way.
RESOLUTION NO. 21-34
PAGE 2 OF 5
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 20912.
SIGNED AND ATTESTED TO THIS 9 DAY OF )u,( , 20.�O.
!�J� A r �
WILT-ER "CHIP" W LSON
Mayor
ATTEST:
EN IFER PEN
Ci y Cle k
APPROVED AS TO FORM:
7 /cl•2�
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-34
PAGE 3 OF 5
P
GROUP
Legal Description
A7 17.5
Right-of-Way Abandonment
Job No. 21-0154 7/8/2021
A portion of the right-of-way of Ness Boulevard dedicated in Book 11, Page 24 of
Pinal County Records, lying within the Northeast Quarter of Section 20, Township 1
North, Range 8 East of the Gila and Salt River Meridian,, Pinal County, Arizona,
more particularly described as follows:
COMMENCING at the East Quarter Corner of said Section 20, being marked by a
3" Arizona Department of Transportation aluminum cap in handhole, from which
the Northeast corner of said Section 20, being marked by a cotton picker spindle,
bears North 0 degrees 02 minutes 33 seconds West, 2636.84 feet;
thence along the East line of said Northeast Quarter, North 0 degrees 02 minutes
33 seconds West, 1348.27 feet;
thence North 89 degrees 56 minutes 17 seconds West, 326.55 feet to a point on
the East right-of-way line of said Ness Boulevard and the POINT OF BEGINNING;
thence along said East right-of-way line, South 0 degrees 02 minutes 33 seconds
East, 228.66 feet to a point on the Northwesterly right-of-way line of Apache Trail;
thence along said Northwesterly right-of-way line, South 37 degrees 54 minutes 43
seconds West, 97.56 feet to a point on the West right-of-way line of said Ness
Boulevard;
thence along said West right-of-way line, North 0 degrees 02 minutes 33 seconds
West, 305.69 feet to a point on the Southerly line of that portion of right-of-way of
Ness Boulevard abandoned in Docket 1258, Page 621 of Pinal County Records;
thence along said Southerly line, South 89 degrees 56 minutes 17 seconds East,
60.00 feet to the POINT OF BEGINNING.
Contains 16,031 square feet or 0.3680 acres, more or o
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LINE TABLE
LINE BEARING LENGTH NE COR, SEC 20, T1N, RBE, G&SRM
FND CPS
L1 N89'56'17"W 326.55'
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L3 S37'54'43"W 97.56' 60' R/W I s =
BK 11, PG 24, PCR I z o
L4 N00'02'33"W 305.69' PORTION ABANDONED PER a "'
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