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HomeMy WebLinkAboutORD1340When Recorded Return to:Pinal County Recorder's Certificate: 6)City of Apache Junction c/o Development Services Dept. 300 E. Superstition Blvd. k Apache Junction, AZ 85119 OFFICIAL RECORDS OF PINAL COUNTY RECORDER LAURA DEAN-LYTLE DATE/TIME:11/13/09 1309 FEE:$12.50 PAGES:8 FEE NUMBER:2009-117913 ORDINANCE NO.1340 CITY OF APACHE JUNCTION ANNEXATION CASE NO. AN- 1 - 06 ANNEXATION OF FORTUNE TRAVEL, LLC PROPERTY PARCEL NOS.102-19-003A & 003B ORDINANCE NO. 1340 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 -1-06,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 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 territory is contiguous to the City of Apache Junction and not now embraced within its 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 Mayor and 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 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 had attached thereto at all times an accurate map of the territory proposed to be annexed; and WHEREAS,no alterations increasing or reducing the territory proposed to be annexed have been made after the petition was signed by any owner of real and personal property in said territory; and ORDINANCE NO. 1340 PAGE 1 OF 4 WHEREAS,the provisions of Arizona Revised Statutes, Section 9-471 and amendments thereto, have been fully observed, including,but not limited to,Council approval of a plan, policy,or procedure to provide the annexed territory 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 hereby 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 Northwest Quarter of Section 31, Township 1 North, Range 8 East,Gila and Salt River Base and Meridian,Pinal County, Arizona; EXCEPT that portion of the South half of the Northwest Quarter which lies South of the following described line; BEGINNING at a point on the West line of said Section 31, which point bears North 0 degrees 05 minutes 05 seconds East 850.00 feet from the West quarter corner of said Section 31; THENCE North 89 degrees 54 minutes 55 seconds East 55.00 feet; THENCE South 5 degrees 37 minutes 47 seconds East 251.08 feet; THENCE North 89 degrees 57 minutes 52 seconds East 2557.97 feet to the Point of Ending on the East line of said South half of the Northwest Quarter of Section 31; and ORDINANCE NO. 1340 PAGE 2 OF 4 EXCEPTING THEREFROM all coal,oil,gas and other mineral deposits a s reserved in the Patent recorded in Book 50 of Deeds, page 27. SECTION II:RECORDATION That a copy of this ordinance,together with an accurate map of the territory hereby annexed t o 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 a s shown o n Exhibit "B" attached hereto and by this reference incorporated herein,and such zoning classification permits densities and uses no greater than those permitted b y the County immediately before this annexation. 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 o r unconstitutional b y 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 18TH DAY OF AUGUST , 2009. SIGNED AND ATTESTED TO THIS 18TH ORDINANCE NO. 1340 PAGE 3 OF 4 DAY OF AUGUST , 2009. N INSALIACO ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: -3 6 09 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1340 PAGE 4 OF 4 CERTIFICATION OF MAP MAP OF ANNEXED AREA, CASE AN -1-06 DATE:APRIL 7, 2009 I, John Insalaco, Mayor of the City of Apache Junction, Arizona, do hereby certify that the foregoing map, Exhibit "A", 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. 1340, annexing the territory described in Ordinance No. 1340 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. N INSALACO ayor Attest: KATHLEEN CONNELLY City Clerk MA R I C O P A CO U N T Y ME R I D I A N R O A D S • • EXHIBIT "A" LEGAL DESCRIPTION AND PROPOSED ANNEXATION AREA BOUNDARY MAP CASE AN -1-06 LIMITS SOUTHERN AVENUE A • •STATE OF ARIZONA • CD cis CD 1371H AVENUE • • 14b 264' BONITA VISTA TRAILER PAR< BONITA VISTA TRAILER PARK SUPERSTITION FREEWAY I on e ALL SIERRA DEL I -101SAGUARO mv _9W 287K AVENUE ( i ) RV PARK STATE OF ARIZONA 111111.30' tcco , Ili • IRONWOOD ESTATES :4 3 • SEE MAP 102-55 to • 0 -0 4 411 •• •• \ PINAL COUNTY PALMAS DEL SOL EAST MOBILE HOME PARK 36TH AVENUE 60 • • 8 CITY LIMITS BASELINE AVENUE SZV 177 0 0cc \t SCALE:1 600' SITE The Northwest Quarter of Section 31,Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Pinal County, Arizona; EXCEPT that portion of the South half of the Northwest Quarter which lies South of the following described line; BEGINNING at a point o n the West line of said Section 31,which point bears North 0 degrees 05 minutes 05 seconds East 850.00 feet from the West quarter corner of said Section 31; THENCE North 89 degrees 54 minutes 55 seconds East 55.00 feet; THENCE South 5 degrees 37 minutes 47 seconds East 251.08 feet; THENCE North 89 degrees 57 minutes 52 seconds East 2557.97 feet to the Point of Ending on the East line of said South half of the Northwest Quarter of Section 31; and EXCEPTING THEREFROM all coal,oil,gas and other mineral deposits as reserved in the Patent recorded in Book 50 of Deeds,page 27. CITY OF APACHE JUNCTION ANNEXATION CASE AN -1-06 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 Pinal County General Rural (GR) zone to the City of Apache Junction classification of General Rural (GR) zone for the following legally described territory: The Northwest Quarter of Section 31,Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT that portion of the South half of the Northwest Quarter which lies South of the following described line; BEGINNING at a point on the West line of said Section 31, which point bears North 0 degrees 05 minutes 05 seconds East 850.00 feet from the West quarter corner of said Section 31; THENCE North 89 degrees 54 minutes 55 seconds East 55.00 feet; THENCE South 5 degrees 37 minutes 47 seconds East 251.08 feet; THENCE North 89 -degrees 57 minutes 52 seconds East 2557.97 feet to the Point of Ending on the East line of said South half of the Northwest Quarter of Section 31; and EXCEPTING THEREFROM all coal,oil,gas and other mineral deposits as reserved in the Patent recorded in Book 50 of Deeds, page 27.