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HomeMy WebLinkAboutORD1407ORDINANCE NO.1407 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 -1-14,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 O F THE CITY O F 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. 1407 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: A portion of Government Lots 1, 2, and 3, and the North half of the Northeast quarter of Section 18, Township 1 South, Range 8 East,Gila and Salt River Meridian,Pinal County,Arizona, described as follows: BEGINNING at the Southeast corner of Section 12,Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N00 °39'05"W, a distance of 2637.77 feet; THENCE N00 °39'05"W, along the East line of said Section 12, a distance of 389.15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89 °45'43"E, along the North line of the Northwest quarter of said Section 18,a distance of 3579.88 feet to the North quarter corner of said Section 18; THENCE N89 °45'43"E,along the North line of the Northeast quarter of said Section 18, a distance of 1935.46 feet; THENCE S00 °39'05”E, a distance of 404.31 feet; THENCE S89'45'43"W, and parallel to the North line of said Section 18,a distance of 4115.02 feet; THENCE N89 °37'05"W, a distance ORDINANCE NO. 1407 PAGE 2 OF 4 of 1400.51 feet to the POINT OF BEGINNING.(Containing 50.95 acres more or less.) 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. 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 COUNOIIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS / 6 , -rd DAY OFOtrd6'40o446 2014. SIGNED AND ATTESTED TO THIS ORDINANCE NO. 1407 PAGE 3 OF 4 1/1 DAY OF 14541,166t,2014. 7J5HN S. INSALACO LAayor ATTEST: 0 - -J--ir KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: za.a.4 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1407 PAGE 4 OF 4 CERTIFICATION OF MAP MAP OF ANNEXED AREA, CASE AN -1-14 DATE:1)6.x.r--N\fir-C-le-2014 I, John S. 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. 1407, annexing the territory described in Ordinance No. 1407 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. Attest: KATHLEEN CONNELLY City Clerk HN S. IMSALACO Mayor AN -1-14 EXHIBIT A = o .r. 3 6 Houston Ave ( 7 2 Baseline Ave Guadalupe Ave Alignment 8 City Limits ..1.0 g A Elliot Ave Alignment 1 -7 r.Z Z Ar J r .Alr Z I • !J./ Id a h o R d A l i g n m e n t T'Er 4 9 i N .ot • •.1. •I I t Landfill • I 1 I 1 I 1 - - tet .( 1 ) To m a h a w k A l i g n m e n t Pinal County imeme•Nit s 16 = Annexation Area and Area being rezoned from Pinal County GR Zone to City of Apache Junction RS-GR Zone North LEGAL DESCRIPTION OF PROPOSED ANNEXATION AREA: A portion of Government Lots 1,2,and 3,and the North half of the Northeast quarter of Section 18,Township 1 South,Range 8 East,Gila and Salt River Meridian, Pinal County, Arizona, described as follows: BEGINNING at the Southeast corner of Section 12, Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N0O °39'05N,a distance of 2637.77 feet; THENCE N0O°39 105"W, along the East line of said Section 12,a distance of 389.15 feet to the Northwest corner of Section 18,Township 1 South,Range 8 East;THENCE N89°45'43"E,along the North line of the Northwest quarter of said Section 18,a distance of 3579.88 feet t o the North quarter corner of said Section 18;THENCE N89 °45'43"E,along the North line of the Northeast quarter of said Section 18,a distance of 1935.46 feet;THENCE SOO °39 1 05"E, a distance of 404.31 feet; THENCE S89°45'43"w, and parallel to the North line of said Section 18, a distance of 4115.02 feet; THENCE N89°37'05"W, a distance of 1400.51 feet to the POINT OF BEGINNING.(Containing 50.95 acres more or less.) CITY OF APACHE JUNCTION,ARIZONA,ANNEXATION AND REZONING K W 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 Low Density Single -Family Detached Residential ("RS-GR")zone for the following legally described territory: A portion of Government Lots 1, 2, and 3, and the North half of the Northeast quarter of Section 18,Township 1 South, Range 8 East,Gila and Salt River Meridian,Pinal County, Arizona, described as follows: BEGINNING at the Southeast corner of Section 12,Township 1 South,Range 7 East,from which the East quarter corner of said Section 12 bears NOO °39'05"W, a distance of 2637.77 feet; THENCE NOO °39'05"W,along the East line of said Section 12, a distance of 389.15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89 °45'43"E, along the North line of the Northwest quarter of said Section 18, a distance of 3579.88 feet to the North quarter corner of said Section 18; THENCE N89 °45'43"E, along the North line of the Northeast quarter of said Section 18,a distance of 1935.46 feet; THENCE SOO °39'05"E, a distance of 404.31 feet; THENCE 589 °45'43"W,and parallel to the North line of said Section 18,a distance of 4115.02 feet; THENCE N89 °37'05"W, a distance of 1400.51 feet to the POINT O F BEGINNING. (Containing 50.95 acres more or less.) Janke K. Brewer Governor Marie Baler State Land Commissioner 111111 ARIZONA STATE M I LAND DEPARTMENT ARIZONA STATE SELECTION BOARD APPROVAL OF PROPOSED ANNEXATION On this 5th day of November, 2009 the Arizona State Selection Board has given due consideration and does hereby approve the proposed annexation of State lands, as described in Attachment A. into the incorporated boundaries of the City of Apache Junction. nice K. Brewer overnor, State of Arizona Terri/ Goddar Attorney GeneVal, State of Arizona Dean Martin Treasurer, ,State of Arizona •Medd Miter Commissioner, State of Arizona Land Department Secretary of State Date Serving Arizona l Schools and Public institutions Since 1915 ATTACHMENT A LEGAL DESCRIPTION FOR ANNEXATION TO THE CITY OF APACHE JUNCTION FOR REALIGNMENT OF ELLIOT AVENUE A PORTION OF GOVERNMENT LOTS 1,2,AND 3,AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 1 SOUTH, RANGE 8 EAST, GILA AND SALT RIVER MERIDIAN,PINAL COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: BEGINNING A T THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 7 EAST, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 12 BEARS N0O °39'05"W,A DISTANCE OF 2637.77 FEET, THENCE N00°39'05"W, ALONG THE EAST LINE OF SAID SECTION 12,A DISTANCE OF 389.15 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 1 SOUTH, RANGE 8 EAST, THENCE N89 °45 143"E,ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18,A DISTANCE OF 3579.88 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18, THENCE N89 °45'43"E,ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 1935.46 FEET, THENCE soo°39105nE,A DISTANCE OF 404.31 FEET, THENCE S8 9 °45'43"W,AND PARALLEL TO THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 4115.02 FEET, THENCE N89 °37105"W,A DISTANCE OF 1400.51 FEET TO THE POINT OF BEGINNING. CONTAINING 50.95 ACRES MORE OR LESS