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Home My WebLink AboutORD1121ORDINANCE NO.1121 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING AND DIRECTING THE CITY MANAGER,CITY CLERK AND THE CITY ATTORNEY AND THEIR DELEGATEES TO DO ALL ACTS AND SIGN ALL DOCUMENTS NECESSARY TO EXCHANGE APPROXIMATELY 0.2 ACRES OF REAL PROPERTY OWNED BY THE CITY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33,TOWNSHIP 1 NORTH,RANGE 8 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,PINAL COUNTY,ARIZONA,TO ASSET XXIV HOLDINGS COMPANY,LLC FOR ITS PROPERTY LOCATED IN THE SAME SOUTHWEST QUARTER SECTION.REPEALING CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,the City of Apache Junction ("City")is in need of approximately 0.2 acres of public right-of-way fronting 34th Avenue,immediately east of Winchester Road,Apache Junction,Arizona;and WHEREAS,Asset XXIV Holding Company,LLC ("AHC"),owns the property abutting 34th Avenue, Apache Junction, Arizona which includes approximately a 0.2 acre site described and depicted in Attachment 1;and WHEREAS,City owns a 0.2 acre parcel located directly south of U.S.Highway 60 and north of a larger AHC owned parcel,which is described and depicted in Attachment 2;and WHEREAS,AHC has offered to exchange its property for the property owned by City;and WHEREAS,Arizona Revised Statutes Annotated ("A.R.S.")§9-407(A)permits an incorporated city by ordinance to exchange a parcel of real property for any other parcel of real property,provided the parcels of real property are of substantially equal value and a notice of intent to exchange such property has been published in accordance with A.R.S.§39-204 before such exchange;and WHEREAS,i t is in the best interest of both parties to exchange the properties described and depicted in Attachment 1 and Attachment 2;and WHEREAS,the exchange of the properties will facilitate the economic ORDINANCE NO.1121 PAGE 1 OF 3 development of Thirty -Fourth (34th)Avenue on an east/west alignment at the intersection with Winchester Road. NOW,THEREFORE,BE IT ORDAINED,as follows: Section I General 1.The Mayor and City Council hereby find that it is in the City's best interest to encourage orderly economic development in the City. 2.The exchange of land owned by City for AHC's property furthers this goal and is in the best interest of both parties. 3.The approximate 0.2 acres owned by City and the approximate 0.2 acres owned by AHC,are of substantially equal value as determined by the City Engineer. 4.City has met the public notice requirements of A.R.S.§39-204 by publishing a Notice of Intent to exchange the properties on four consecutive days,November 15,16,17,18,2000,in the Mesa Tribune,a paper of general circulation published daily. 5.The City Manager,City Clerk and City Attorney,and their delegatees are authorized and directed to do all acts,pay all fees,and to sign all documents necessary to exchange title to the real properties described and depicted in Attachment 1 and Attachment 2. SECTION I I REPEALING CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent ORDINANCE NO.1121 PAGE 2 OF 3 jurisdiction,such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 5TH DAY OF DECEMBER ,2000. SIGNED AND ATTESTED TO THIS 5TH DAY OF DECEMBER ,2000. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4==z;e11.9 .00 RICHARD J.STERN City Attorney ORDINANCE NO.1121 PAGE 3 OF 3 DOUGLAS COVMAN Mayor ATTACHMENT 1 LEGAL DESCRIPTION FOR PORTION TO THE CITY (ASSET XXIV HOLDINGS CO. TO CITY) That portion of Lot 2, BASELINE INDUSTRIAL PARK, according to Cabinet C, Slide 60, records of Pine! County, Arizona, described as follows: BEGINNING at the Southeast corner of said Lot 2; Thence South 89 degrees 58 minutes 25 seconds West along the South line of said Lot 2 a distance of 274.44 feet to the beginning of a tangent curve concave to the Northeast having a radius of 26.00 feet; Thence Northwesterly along said curve through a central angle of 89 degrees 56 minutes 12 seconds an arc length of 40.81 feet to a point on the West line of Said Lot 2; Thence North DO degrees 05 minutes 23 seconds West along said West line a distance of 30.00 feet to the beginning of a curve concave to the Northeast having a radius of 26.00 feet, the center of which bears North 69 degrees 54 minutes 37 seconds East; Thence Southeasterly along said curve through a central angle of 89 degrees 56 minutes 12 seconds an arc length of 40.81 feet to a point on the North line of tne South 30.00 feet of said Lot 2; Thence North 89 degrees 58 minutes 25 seconds East along said North line a distance of 274.44 feet to a point on the East line of said Lot 2; Thence South 00 degrees 05 minutes 14 seconds East along said East line a distance of 30.00 feet to the POINT OF BEGINNING; The above described parcel contains 9,012.36 Sq. Ft. (0.2069 acres) more or less. Prepared BY:CMX GROUP INC. PROJECT NO. 6213 April 27, 2000 A PORTION OF THE SOUTHWEST OUARTER OF 8EC'TX3N 33, TOWNOHP 1 NORTH RANGE II EAST OF THE GILA AND SALT RIVER SASE AM) MERIDIAN. PINAL COUNTY, ARIZONA N.T.S. Ifd:54 r; W. M. !1,1.11;RS F4knttl 'CHEST'ER - JULJAJZ Z.3 t J.3U.10 30. R=26.00' L=.0.81' 4=ar55'12" 25' SO0'05.230E 165.25'7o3123"Vi—k ea 1_-A A rr 1 /4 0 —"-S00'05'2 3 -E v 94.02' R=26.00' L=40.131' .1=8956'12" P.0.8. SOUTHEAST CORNER LOT 2 AREA=9,012.36 SQ.FT. ;t 0.2069 ACRES gq:wr BASELINE INDUSTRIAL PARK CABINET C,SLIDE 60 SOOTh—Tfgl-FrE 00'05'14"E 30.00' NW COR.NE 1/4 SW1/4 SEC.33 ROAD- ocr:in T -- lo 0ip __J 500'05'14"E 155,26' 4 L •ITS AM.611,IN^4.1T 4LimAumuur11141‘• •I Pt I Jt N I I N g 1 5 1 5 E.MISSOURI,#115 A t PHOENIX,AZ 85014 [ASSET PH (602)279-6436 WINCHESTER RD.& 34111 AVE. DIV HOLDINGS CO. TO CITY FAX (602)265-1191 I APACHE JUNC11 4,ARIZONA CPU GROUP INC. 1515 E.MISSOURI,#115 PHOENIX,AZ 85014 ASS PH (602)279-6436 1M1 FAX (602)265-1191 A CMX JOB NO.6213 DATE: SCALE: 4125/00 N.T. S. DRAWN BY:AFS CHECKED Erf;PMS ATTACHMENT 2 LEGAL DESCRIPTION FOR PORTION FROM THE CITY (CITY TO ASSET XXIV HOLDINGS CO.) That portion of the Northeast quarter of the Southwest quarter of Section 33, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, lying North of Lot 1, BASELINE INDUSTRIAL PARK, according to Cabinet C, Slide 60, records of Pinal County, Arizona, more particularly described as follows: BEGINNING at the Northeast corner of said Lot 1; Thence South 89 degrees 58 minutes 15 seconds West along the North line of said Lot 1 a distance of 300.42 feet to the Northwest corner thereof; Thence along a Northerly prolongation of the West line of said Lot 1, North 00 degrees 05 minutes 23 seconds West a distance of 30.00 feet; Thence North 89 degrees 58 minutes 15 seconds East, parallel to the North line of said Lot 1, a distance of 300.42 feet to a point on the Northerly prolongation of the East line of said Lot 1; Thence South 00 degrees 05 minutes 14 seconds East along said prolongation line a distance of 30.00 feet to the POINT OF BEGINNING. The above described parcel contains 9,012.62 Sq. Ft. (0.2069 acres) more or less. Prepared by:CMX GROUP INC. PROJECT NO. 6213 APRIL 27, 2000 V •••• rla V&N.' •4 .".% •-- -1 PAUL M. SOWERS (s. A PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GLA AND SALT RIVER BASE AND MERIDIAN, PINAL COUNTY, ARIZONA N.T.S. N00°05'23"W 30.0 ER ROAD S00'05' 23E 330.25' r S00'05'23"E /94.02' WNCHESTER re) Li 5:3 co F 411, \t- W COR.NE 1/4 W1/4 SEC.33 u\--S0005123 uE 155.25' / AREA =9,012.62 SQ.FT. 0.2069 ACRES - cv.4- cis Oo\o N ro1 NI CSS 0 c.i 0 --1 10 inai 17/3 /co olcnco cn BASELINE INDUSTRIAL PARK CABINET C,SLIDE 60 .NORTHEAST CORNER OF LOT 1 P.O.B. SO005114 nE 155.26' SO0'05'14"E 120.00'50005'14"E 30.00' ,!•LI -co tOEn CO W.A)gNNfnX '1,f t C si N PAUL M. :JU c CMX GROUP INC. A 1515 E.MISSOURI,#115 % 0 PHOENIX,AZ 85014 PH (602)279-8436 FAX (602)265-1191 SATTACHMENr2 CMX JOB NO.6213 CITY TO ASSET XXIV HOLDINGS CO. WINCHESTER RD.& 34TH AVE. APACHE JUNCTION,ARIZONA DATE:4/24/00 ! SCALE:N. T. S. DRAWN BY:AFS CHECKED BY:PM S