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HomeMy WebLinkAboutORD1120CA-N id-(A9 Ac -A \ C.--5:1 t CV5`.0 Of-f .\LE koe ""-X "V.Z> APP,CAE- CERTIFICATE AN -1-99 IIIIIIll11ll II OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 00-0376548 05/18/00 08:08 11E5111 l f f V I certify that I am the duly appointed,qualified,and acting City. Clerk of the City of Apache Junction,Arizona;that as such,I have in my possession all the ordinances as adopted by the City Council of the City of Apache Junction,Arizona:and that the attached is a true and correct copy of Ordinance No.1120, clarifying and correcting typographical and clerical errors as contained in the legal description contained within Ordinance No. 1074 and all exhibits which was presented to the City Council on March 16,1999,and later amended by Ordinance No.1120 by the City Council on May 2,2000,as it appears in my records. Kathleen Connelly Dat t 7 6 , 2 ,:l ) City Clerk ORDINANCE NO.1120 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING AND CORRECTING ORDINANCE NO.1074 OF THE CITY OF APACHE JUNCTION,MARICOPA COUNTY,STATE OF ARIZONA,IN CASE AN -1-99,AS PASSED AND ADOPTED ON THE 16TH DAY OF MARCH 1999: DECLARATION OF INTENT:PROVIDING FOR RECORDATION:REPEALING ANY CONFLICTING PROVISIONS:PROVIDING FOR SEVERABILITY:AND DECLARING AN EMERGENCY. WHEREAS,The Mayor and the City Council of the City of Apache Junction, Arizona on March 16,1999 passed and adopted Ordinance No.1074 of the Mayor and the City Council of the City of Apache Junction,Arizona, extending and increasing the corporate limits of the City of Apache Junction,Maricopa County,State of Arizona,in case AN -1-99,pursuant to provisions of Title 9,Chapter 4,Article 7,Arizona Revised Statutes and Amendments thereto,by annexing certain territory contiguous to the existing city limits of the City of Apache Junction;adopting zoning classifications for annexed territory:repealing any conflicting provisions:and providing for severability:and WHEREAS,Ordinance No.1074 is now in full force and effect,the original copy being on file with the Apache Junction City Clerk:and WHEREAS,a scrivener's error exists in the legal description contained in Section I and in Exhibits "A"and "B"of Ordinance No.1074,wherein the description does not match the official map reflected and incorporated in Section II of the ordinance;and WHEREAS,the map of the territory annexed by the City of Apache Junction,Arizona,as referred to in Section I I of Ordinance No.1074, is in all respects an accurate map of the territory annexed by the City of Apache Junction,Arizona,pursuant to Ordinance No.1074:and WHEREAS,the aforementioned map of annexed territory as incorporated in Ordinance No.1074 as Exhibits "A"and "B"was adopted as a part of the petition for annexation and was duly published and recorded as required by law:and WHEREAS,pursuant to the authority of McCune v.City of Phoenix,83 Ariz.98 (1957):City of Douglas v.City of Sierra Vista,21 Ariz.App. 71 (1973);and Glick v.Town of Gilbert,13 Ariz.395 (Ariz.App.1979) ORDINANCE NO.1120 PAGE ONE OF FOUR typographical errors in the legal description of property to be annexed do not effect the validity of annexation when the map attached to the annexation ordinance is accurate in all other respects;and WHEREAS,i t is the desire of the Mayor and the City Council of the City of Apache Junction,Arizona to clarify and correct any previous typographical errors in the legal description of the territory annexed to the City of Apache Junction,Arizona in Ordinance No.1074 and the accompanying exhibits;and WHEREAS,Ordinance No.1074 and its attached exhibits are in all respects in effect and is an adopted ordinance of the City of Apache Junction,Arizona;and WHEREAS,i t is the specific intent that this ordinance shall not,in any manner,whatsoever,affect the validity of Ordinance No.1074 as passed and adopted on March 16,1999,except to correct the legal description, as set forth in Section I and in Exhibits "A"and "B"of this Ordinance; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the legal description of the territory annexed by Ordinance No.1074 and in its Exhibits "A"and "B"of the City of Apache Junction,Arizona,as passed and adopted by the Mayor and the City Council of the City of Apache Junction, Arizona,on March 16,1999,be amended and clarified to describe the territory annexed to the City limits by the ordinance to read as follows,and in such previous Exhibits,being replaced with the amended Exhibits "A"and "8", attached hereto: The West half of the Southeast quarter of the Northeast quarter of Section 24,Township 1 North,Range 7 East of the Gila and Salt River Base and Meridian,Maricopa County,Arizona, EXCEPT the West 40 feet thereof;and also EXCEPT the South 350 feet thereof;and also EXCEPT the South 500 feet of the West 431.85 feet thereof. ORDINANCE NO.1120 PAGE TWO OF FOUR SECTION I I DECLARATION OF INTENT The purpose of this Ordinance is to amend and correct Section I and Exhibits "A"and "B"of Ordinance No.1074 of the Mayor and the City Council of the city of Apache Junction,Arizona by clarifying and correcting typographical and clerical errors as contained in the legal description contained within Section I of Ordinance No.1074 and in the attached amended Exhibits "A"and "B"in which the correct legal description is presented.By this amendment and clarification i t is not the intent to repeal any section of Ordinance No.1074 nor to affect either its validity or its effective adoption date of March 16, 1999. SECTION III RECORDATION The City Clerk shall file and record this Ordinance,certified by the Mayor of the City of Apache Junction,Arizona,in the Office of the County Recorder of Maricopa County,Arizona. SECTION IV REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances and/or provisions of the Apache Junction City Code which are in conflict with the provisions of this ordinance are hereby repealed. SECTION V PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION VI DECLARING AN EMERGENCY WHEREAS,i t is necessary for the preservation of the peace,health and saftey of the City of Apache Junction,Arizona,an emergency is declared to exist, and this ordinance shall be effective upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 2ND DAY OF MAY ,2000. SIGNED AND ATTESTED TO THIS 2ND DAY OF MAY ,2000. ORDINANCE NO.1120 PAGE THREE OF FOUR ) , DOUGLAS C Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: CO RICHARD J.STERN City Attorney ORDINANCE NO.1120 PAGE FOUR OF FOUR EMAN EXHIBIT A CITY OF APACHE JUNCTION, ARIZONA PROPOSED ANNEXATION CASE NO: AN -1-99 SUBJECT SITE... 11 4 T H ST R E E T 10' Not to Scale ON Cr, BOISE STREET 15(1.753 AC) 17.15' 401.85'100'112' Present City Limits NE Cor.SE 1/4 NE 'A 3J (2.618 AC), 20' --'3F (.844 AC) b 3C (.844 AC) 3 M (4.549 AC) Unincorporated Maricopa County 605' APACHE TRAIL In City of Mesa Strip Annexation ** Excerpt from Maricopa County Assessor Map 220-65 ** 55' 0 ME R I D I A N DR I V E LEGAL DESCRIPTION: The description of the territory proposed to be annexed, not already within the present limits of the City of Apache Junction and located in Maricopa County, Arizona, is as follows: The West half of the Southeast quarter of the Northeast quarter of Section 24, Township 1 North, Range 7 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, EXCEPT the West 40 feet thereof; and also EXCEPT the South 350 feet thereof; and also EXCEPT the South 500 feet of the West 431.85 feet thereof. DATE: CERTIFICATION OF MAP MAP OF ANNEXED AREA AN -1-99 t r 02,.2 --o I.Douglas Coleman,Mayor of the City of Apache Junction,Arizona, do hereby certify that the foregoing map is a true and correct map of the territory annexed under,and by virtue of,the petition of the real and personal property owners in the said territory and by Ordinance No.1120,clarifying and correcting typographical and clerical errors as contained in the legal description set forth within Ordinance No.1074 and all exhibits,annexing the territory described in Ordinance No.1074 and as shown on said map as part of the territory to be included within the corporate limits of the City of Apache Junction,Arizona. ATTEST: Kathleen Connelly City Clerk — D o t Douglas Ubleman,Mayor AN -1-99 EXHIBIT "B" ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY A.The zoning district classification on the Zoning District Map,City of Apache Junction,Arizona,be and hereby is amended by adopting and establishing a City of Apache Junction zoning district classification from the former Maricopa County R-5 (Multiple -Family Residences)zone to the City of Apache Junction classification of CR-5 (Multiple- Family Residences)zone for the following legally described territory: The West half of the Southeast quarter of the Northeast quarter of Section 24,Township 1 North,Range 7 East of the Gila and Salt River Base and Meridian,Maricopa County, Arizona, EXCEPT the West 40 feet thereof;and also EXCEPT the South 350 feet thereof:and also EXCEPT the South 500 feet of the West 431.85 feet thereof.