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Home My WebLink AboutORD1295When recorded mail to:Tay-L Ala 60 PA. .300 E .56iFer i--1740 13/4- Apaci/e-4Z OFFICIAL RECORDS OF PINAL COUNTY RECORDER LAURA DEAN-LYTLE DATE/TIME: 06/19/07 0902 FEE:$12.00 PAGES:7 FEE NUMBER:2007-071319 (The above space reserved for recording information) Orel'Ce4ce /2 9 6 DOCUMENT TITLE DO NOT DISCARD THIS PAGE.THIS COVER PAGE IS RECORDED AS PART OF YOUR DOCUMENT.THE CERTIFICATE OF RECORDATION •WITH THE FEE NUMBER IN THE UPPER RIGHT CORNER IS THE PERMANENT REFERENCE NUMBER OF THIS DOCUMENT IN THE PINAL COUNTY RECORDER'S OFFICE. Form RE -49 ORDINANCE NO. 1295 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,IN CASE AN -2-06 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. WHEREAS, a petition in writing, accompanied by a map or plot of said real property, having been filed and presented to the Mayor and Council of the City of Apache Junction, Arizona, signed by the owners of more than one-half 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 in._,the event of annexation within the territory and land hereinafter, is contiguous to the City of Apache Junction and not now embraced within its limits, requesting that property more particularly hereinafter described be annexed to the City of Apache Junction so as to embrace the same'; and WHEREAS,the Mayor and Council of the City of Apache Junction,Arizona,are desirous of complying with the petition and extending and increasing the corporate limits of the City of Apache Junction to include the described territory; and WHEREAS,the 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, and includes an accurate map of the proposed territory to be annexed; and WHEREAS,no alterations increasing or reducing the proposed territory to be annexed have been made after the petition was signed by any owner of real and personal property in the proposed territory; and WHEREAS,the provisions of A.R.S.§9-471 and amendments thereto, have been fully observed, including, but not limited to, Council approval of a plan, policy, or ORDINANCE NO. 1295 PAGE 1 OF 3 procedure to provide the annexed development with appropriate levels of infrastructure and services to serve anticipated new development within ten (10) years after the annexation becomes final; and 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. 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 is, annexed to the City of Apache Junction,Arizona,and that the present corporate limits shall be extended and increased to include the following territory which is contiguous to the present City limits: The North half of the North half of the Northeast quarter of the-Southwest quarter of the Southeast quarter of Section 33, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Final County, Arizona. SECTION II:RECORDATION That a copy of this ordinance, together with an accurate map of the territory hereby annexed.—to the City of Apache Junction,Arizona,certified • by the Clerk of the City, attached hereto as 'Exhibit "A";be forthwith filed and recorded in the office of the County Recorder. of Pinal County, Arizona. SECTION III:ZONING CLASSIFICATION The zoning classification for the above noted and described annexed territory is hereby adopted as shown on Exhibit "B" attached hereto and by this reference incorporated herein, and such zoning classification permits densities and uses no greater than those permitted by the County immediately before this annexation. ORDINANCE NO. 1295 PAGE 2 OF 3 SECTION IV:REPEALING OF CONFLICTING ORDINANCES All ordinances and part 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 portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA; THIS 1ST DAY OF MAY 2007. SIGNED AND ATTESTED TO THIS 1ST ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1295 PAGE 3 OF 3 DAY OF M M DOUGLAS /COLEMAN Mayor , 2007. Current Pinal County Island O g O I !, I a• I <>-0cc EXHIBIT A MAP OF AREA TO BE ANNEXED Case No. AN -2-06 SubjectSite U.S. HIGHWAY 60 0<0re Co .D.1.-0<0 1 36th AVENUE"•-\ _. I 1 I I I I BASELINE AVENUE N Subject Site *Excerpt from Pinal County Assessor Map 102-20 MIMI M N Current Pinal County Island 10 ig0 II- Not to Scale 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 Pinal County, Arizona, is as follows: The North half of the North half of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 33, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. EXHIBIT "B" ZONING CLASSIFICATION FOR ANNEXED TERRITORY IN AN -2-06 The zoning district classification on the Zoning District Map,City of Apache Junction,Arizona,shall be amended by adopting and establishing a City of Apache Junction zoning district classification from the former Pinal County CI -1 (Light Industry and Warehouse)zone to the. City of Apache Junction zoning classification of CI -1 (Light Industry and Warehouse)zone for the following legally described territory: The North half of the North half of the Northeast qUarter of the Southwest quarter of the Southeast quarter of Section 33,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. AFFIDAVIT REGARDING ANNEXATION AN -2-06 Personally appears before me,idni t e6.,V(1.,,,,to l who,first being duly sworn, deposes and says as follows: 1.I make this affidavit of my own personal knowledge. 2.I am the duly appointed City Clerk of the City of Apache Junction, Arizona, and I am qualified to make this affidavit on behalf of and for the City. 3.I have made a diligent search of the records of the Office of the Clerk of the City and of the Office of the Pinal County Recorder for any annexation filing which might involve territory sought to be annexed in the City Annexation Petition, which is filed herewith, with exhibits, in the Office of the Pinal County Recorder. 4.I hereby affirm, pursuant to A.R.S. §9-471(A)(6), that no part of the territory for which the attached Annexation Petition is filed is already subject to an earlier filing for annexation. FURTHER AFFIANT SAYETH NOT. Kathleen Connelly City Clerk SWORN TO AND SUABSCRIBED before me this „24791 day of /(Vie-iG., 20 0 7 Notary public for the State of Arizona 'My-clommission expires: NOTARY PUBLIC e."STATE OF ARIZONA MariS•opo County 46:4•11 \ d r JANET R. MASON My Cornmission,Expiros 08/31/08