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Home My WebLink AboutORD1226City of Apache Junction 300 E. Superstition Blvd. Apache Junction, Az 85219 OFFICIAL RECORDS OF PINAL COUNTY RECORDER LAURA DEAN-LYTLE .DATE/TIME: 06/22/06 1415 FEE:$14.50 PAGES:12 FEE NUMBER:2006-089020 ORDINANCE NO. 1226 City of Apache Junction Annexation Case No. AN -1-04 Annexation of Four Peaks Mobile Home Park/Burger King and ADOT APN 103-22-001,103-22-005,103-22-004B, 103-22-004A ORDINANCE NO.1226 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL or THE CITY OF APACHE JUNCTION,ARIZONA,EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,STATE OF ARIZONA,IN CASE AN -1-04,PURSUANT TO THE PROVISIONS_OF TITLE 9,CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES ANNOTATED,BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION: ADOPTING ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY;REPEAL- ING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,a petition in writing,accompanied by a map or plot of said real property proposed to be annexed,having been filed and presented to the Mayor and City Council of the City of Apache Junction, Arizona,signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the City of Apache Junction in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property:which said property is contiguous to the City of Apache Junction and not now embraced within its corporate limits,asking that the property more particularly hereinafter described be annexed to the City of Apache Junction,and to extend and increase the corporate limits of the City of Apache Junction so as to embrace the same;and WHEREAS,the said petition. sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the City of Apache Junction,had attached thereto at all times an accurate map of the territory desired to be annexed,and no alterations increasing or reducing the territory sought to be annexed have been made after the said petition had been signed by any owner of real and personal property in such territory;and WHEREAS,the Mayor and City Council of the City of Apache Junction,Arizona,are desirous of complying with said petition and extending and increasing the corporate limits of the City of Apache Junction to include said territory;and WHEREAS,the provisions of Section 9-471,Arizona Revised Statutes,and amendments thereto;have been fully observed;and ORDINANCE NO.1226 PAGE 1 OF 4 WHEREAS,proper and sufficient certification and proof of the foregoing facts .are now on file in the office of the City Clerk of the City of Apache Junction,Arizona,' together with a true and correct copy of the original petition referred to herein,which is on file in the office of the Pinal County Recorder;and WHEREAS,pursuant to A.R.S.§ 9-471(0),the Mayor and City Council's decision to comply with said petition is supported by the goals and objectives of the Public Services and Facilities Element and the Growth Areas Element in the 1999 City of Apache Junction General Plan which includes a ten year growth plan. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I:IN GENERAL The following legally -described territory be,and the same hereby is, annexed to the City of Apache Junction,and that the present corporate limits be,and the same hereby are,extended and increased to include the following described territory contiguous to the present City limits,to wit: The East half of the Northwest quarter of Section 34;AND the Southwest quarter of the Northwest quarter of Section 34;AND the East 5()feet of the Southeast quarter of the Northeast quarter of Section 33;AND the South half of the Southwest quarter of the Northeast quarter of Section 34,Township 1 North,Range 8 East of the Gila & Salt River Base and Meridian, Pinal County,Arizona. SECTION II:RECORDATION That a. copy of this ordinance,together with an accurate map of the territory hereby annexed to the City ofApache Junction,Arizona, .certified by the Clerk of said City,attached hereto as Exhibit "A",be forthwith filed and recorded in the office of the County Recorder of Pinal County,Arizona. JORDINANCE NO.1226 PAGE 2 OF 4 SECTION III:ZONING CLASSIFICATIONS - Zoning classifications for the aforedescribed annexed territory are hereby adopted as shown-on.Exhibit"B attached hereto and bY this reference incorporated herein., SECTION IV:-REPEALING OF CONFLICTING ORDINANCES 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 1sT1 DAY OF FEBRUARY ,2005. SIGNED AND ATTESTED TO THIS 1ST ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.1226 PAGE 3 OF 4 ,DAY OF FEBRUARY 2005. DOUGLAS VOLEMAN Mayor APPROVED AS TO FORM: g=tA4 ia-ZB-oS RICHARD JOEL STERN City Attorney ORDINANCE NO.1226 PAGE 4 OF 4 CERTIFICATION OF MAP MAP OF ANNEXED AREA AN -1-04 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.1226,and as shown on said map as a part of the territory to be included within the corporate limits of the City of Apache Junction,Arizona. DOUGLAS COLPAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk _s_ILALAAIT rh •• ••-II:ili -•\12)11 •, •r-r ,./Lilt-UNE IIIII.• 5°1-4•• 156C... 33 TIN !cLq,E- So' I—.1 le, • ' I AN -1 -04 EXHIBIT A T AL 4 ..11_11_,,ILALLJUR f#1 • AT-i-X4/ .740" • :16 . / // .- /,/ ((( Ir e 41-111 c'em-reK O F 0 sec.3-4,71).4, RSE . 0 Ce.I (I03-zL)4— Legal Description: The East half of the Northwest quarter of Section 34; AND the Southwest quarter of the Northwest quarter of Section 34; AND the East 50' of the Southeast quarter of the Northeast quarter of Section 33; AND the South half of the Southwest quarter of the Northeast quarter of Section 34, Township 1 North, Range 8 East of the Gila & Salt River Base and Meridian, Pinal County, Arizona. cia3 - Z3) E .a 8 -rm AVE. E E \e-V A ••_g_s e iv e • DESERT sur..I COP Dos AREA 1O BE ANNEXED BY C rry o moAcHE -3•ut4.c-noN,AZ 4,10" >- ci crry LIMITS • • • • • • N 0 1-770 SCALE /.—.. es •••. -••••• ••••••••ad 11/• • •••• •••• •,C,r r I e c e.,,Nin.• A Inc EXHIBIT " ZONING CLASSIFICATION 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 Pinal County MHP (Mobile Home Park Zone)to the City of Apache Junction zoning classification of TH (Trailer' Home -Sites Zone)for the follow- ing legally described territory: The Northeast quarter of the Northwest quarter of Section 34,Township 1 North,Range 8 East,of the Gila and Salt River Base and Meridian,Pinal County Arizona;Except that portion of the Northwest quarter of said Section 34,as conveyed to Pinal County,in Instrument No.2000-48652. More commonly known as Pinal County Assessor Parcel Number 103-22-001. B.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 Pinal County MHP (Mobile Home Park Zone)to the City of Apache Junction zoning classification of TH (Trailer Home -Sites Zone)for the follow- ing legally described territory: The North half of the Southeast quarter of the Northwest quarter of Section 34;Township 1 North, Range 8 East,of the Gila and Salt -River Base and Meridian,Pinal County Arizona;Except that portion of the Northwest quarter of said Section 34,as . conveyed to Pinal County,in Instrument No.2000-48651 More commonly -known asPinal County Assessor Parcel Number 103=22-005. C.The zoning 'district classification on the Zoning District Map, City of Apache_Junptidn,Arizona,be and hereby is amended by -1 - adopting and establishing a City of Apache Junction zoning district classification from the former Pinal County CB -2 (General Business Zone)to the City of Apache Junction zoning classification of CB -2 (General Business Zone)for the following legally described territory: A portion of the North half of the Southwest quarter of the Northwest quarter of Section 34,Township 1 North,Range 8 East,of the Gila and Salt River Base and Meridian,Pinal County,Arizona,and more particularly described as follows: Commencing at the West Quarter corner of said Section 34; Thence NOO°00'06W"(an assumed bearing)along the West line of Section 34,a distance of 990.76 feet; Thence S89°57'05"E,a distance of 50.00 feet to a point on the East Right -of -Way of Tomahawk Road,said Point of Beginning; Thence continuing 589°57'05"E.-a distance of 319.78 feet; Thence S00°02'55"W.a distance of 330.00 feet to a point on the South line •of the North half,Southwest quarter, Northwest Quarter,Section 34; Thence N89°57'05"W along the South line of the North - half,Southwest quarter,Northwest quarter,Section 34, a distance of 295.58 feet to a point on the East Right- of-WayADf Tomahawk Road; Thence N05°42'27"W along'said Right -of -Way,a distance .of 194.26.-feet;. Thence N89°58'29"W continuing along said Right -of -Way• line,a distance of 4.60 feet; Thence N00°00'06"W continuing along said Right -of -Way, said line being parallel to and 50 feet East of the 2 West line of said Section 34,a distance of 136.72 feet to Point of Beginning and containing an area of 102,735 square feet (2.36 acres). .More commonly known as Pinal County Assessor Parcel Number 103-22-004B. D.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 Pinal County MHP (Mobile Home Park Zone)to the City of Apache Junction zoning classification of TH (Trailer Home -Site Zone)for the following legally described territory: The North half of the Southwest quarter of the Northwest quarter of Section34,Township 1 North,Range 8 East,- of the Gila and Salt River Base and Meridian,Pinal County,Arizona: Except that portion of the North half of the Southwest quarter of the Northwest quarter of Section 34,Township 1 North,Range 8 East of Gila and Salt River Base and Meridian,Pinal County,Arizona,which lies Southerly and Westerly of the following described line: Beginning at a point on the West line of said Section 34,which point bears N00°05'23"W,854.80 feet from the West quarter Corner of said Section 34 .,' Thence N89°56'08"E,54.60 feet: Thence S05°47 .56"E,194.25 feet to the point of ending on the South line of said North half of the Southwest quarter of the Northwest quarter of Section 34: Except any portion thereof described in document 1999 -008574,in the office of the Recorder of Pinal County, Arizona: Excepting and Reserving,however,unto the United States of ,America,all the coal and other minerals in the lands, as set forth in the Patent of said land. - 3 - More commonly known as Pinal County Assessor Parcel Number 103-22-004A. E.No zoning district will be assigned to the territory considered to be Arizona Department of Transportation,U.S.60 Right -of- Way described as: The South half of the Southwest quarter Of the Northeast quarter of Section 34,Township 1 North,Range 8 East of Gila and' Salt River Base and Meridian,Pinal County, Arizon-a: and The South half of the South half of the Northwest quarter of Section 34,Township.1 North,Range 8 East of Gila and Salt River Base and Meridian,Pinal CoOnty,Arizona. 4 State of Arizona County of Pinal ANNEXATION AFFIDAVIT A.R.S. 9-471.A.6 ) ss. Comes now. Kathy Connelly and upon her oath declares as follows: Regarding the City of Apache Junction annexation case AN -1-04; That affiant is the City Clerk of the City of Apache Junction and has reviewed the records concerning annexations by the City and that the affiant has verified that no part of the territory for which this filing is being made is already subject to an earlierfiling for annexation. Further affiant sayeth not. Signature Subscribed and sworn to before me this &day of S epte4fr2004 My commission expires: epLiLo Notary Public romomM.01......a.e.a•auto , NOTARY PUBLIC STATE OF AntLUNA Pinal County BRENDA S. CHERRYHOLMES I My Commission Expires 03/31/08 I