Loading...
HomeMy WebLinkAboutORD1408ORDINANCE NO. 1408 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,I N CASE AN -2-14,PURSUANT T O PROVISIONS OF TITLE 9,CHAPTER 4,ARTICLE 7,ARIZONA REVISED STATUTES AND AMENDMENTS THERETO,BY ANNEXING CERTAIN TERRITORY CONTIGUOUS T O 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, plot of said the Mayor and signed by the and personal owning real taxation by a petition in writing,accompanied by a map or real property,having been filed and presented to Council of the City of Apache Junction, Arizona, owners of more than one-half in value of the real property and and personal the City of more than one-half of the persons property as would be subject to 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,n o alterations increasing o r 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. 1408 PAGE 1 OF 3 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,o r procedure t o 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 o n file in the office of the Pinal County Recorder. NOW,THEREFORE,B E I T ORDAINED B Y 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 t o the present City limits: Pinal County Assessor parcels 103-22-008A; 103-22-009C; 103-22-009D; 103-22-010A; 103-22-010B; 103-22-021, EXCEPT the West 50 feet thereof; and 103-22-022, EXCEPT the West 50 feet thereof; all parcels are located in the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona.(See attached map and legal description, Exhibit "A", for complete metes and bounds legal descriptions.) SECTION II:RECORDATION That a copy of this ordinance,together with an accurate map and legal description 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. ORDINANCE NO. 1408 PAGE 2 OF 3 SECTION III:ZONING CLASSIFICATION The zoning classifications 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 t o b e 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 6,--ra DAY OF SIGNED AND ATTESTED TO THIS 6771-4-DAY OF , L I U So..-VMIN S. YNSAMCC ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c $ra-2-1+ RICHARD JOEL STERN City Attorney ORDINANCE NO. 1408 PAGE 3 OF 3 CERTIFICATION OF MAP MAP OF ANNEXED AREA, CASE AN -2-14 DATE:Wk/91...6t?,46)- 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 and legal description 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. 1408, annexing the territory described in Ordinance No. 1408 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. (74N S. I 1ACO ' Mayor Attest: KATHLEEN CONNELLY City Clerk AN- 2 - 1 4 EXHIBIT A 6 U360 -4 W Irdorrior 9D 19C SA 1 0 1 A N . EEria4MAokV 100.Pinal County 10 --1--0.4 ----50'B = Annexation Area and Area being rezoned from Pinal County GR and CR-4 Zones to City of Apache Junction RS-GR and RM-3 Zones. North LEGAL DESCRIPTION OF PROPOSED ANNEXATION AREA: Parcel 1:103-22-008A That part of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows: COMMENCING at the Northwest corner of the Northwest quarter of the Southwest quarter of said Section 34; Thence running easterly along the north line of said Northwest quarter of the Southwest quarter of said section 34, a distance of 558.5 feet to the Northeast corner of the property described in Docket 164, page 122, being the TRUE POINT OF BEGINNING; Thence continuing easterly along the North line of the Northwest quarter of the Southwest quarter of Section 34, a distance of 186.1 feet; Thence Southerly and parallel to the West line of the Northwest quarter of the Southwest quarter of Section 34, a distance of 234 feet, thence westerly and parallel to the north line of the Northwest quarter of the Southwest quarter of section 34, a distance of 186.1 feet to the Southeast corner of the property described in Docket 164, page 122; Thence Northerly along the East line of said property to the TRUE POINT OF BEGINNING; EXCEPT that portion of the North 234.00 feet of the East 186.1 feet of the West 744.6 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River described line:. BEGINNING at a point Base and Meridian,Pinal County, Arizona, which lies northerly of the following on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 346.63 feet; Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Pinal County, Arizona. PARCEL NO.2: 103-22-009C A parcel of land lying within that portion of the North 234.00 feet of the West 558.50 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies Easterly and Southerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 346.63 feet (this point to the referred to as Point ALFA); Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending of said line; EXCEPT that portion described as follows: BEGINNING at Point ALFA; Thence North 85 Degrees 16 minutes 50 seconds East 147 feet; Thence South 7 degrees 01 minutes 37 seconds West 145 feet; Thence South 85 degrees 16 minutes 50 seconds West 147 feet; Thence North 7 degrees 01 minutes 37 seconds East 145 feet to the Point of ALFA; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Pinal County, Arizona. PARCEL NO. 3:103-22-009D A parcel of land lying within that portion of the North 234.00 feet of the West 558.50 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies Easterly and Southerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 346.63 feet (this point to be referred to as point ALFA); Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending of said line, and more particularly described as follows: BEGINNING at point ALFA; Thence North 85 degrees 16 minutes 50 seconds East 147 feet; Thence South 7 degrees 01 minutes 37 seconds West 145 feet; Thence South 85 degrees 16 minutes 50 seconds West 147 feet; Thence North 7 degrees 01 minutes 37 seconds East 145 feet to the Point of ALFA; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Pinal County, Arizona. PARCEL NO. 4:103-22-010A That part of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows: BEGINNING at a point 234 feet South of the Northwest corner of the Southwest quarter of Section 34, Township 1 North, Range 8 East; Thence South 200 feet along the West Section line; Thence East, parallel to the North Section line, a distance of 435.6 feet; Thence North 200 feet parallel to the west Section line; Thence West 4356 feet to the point of BEGINNING; EXCEPT that portion of the West 435.60 feet of the South 200 feet of the North 434 feet of the Northwest quarter of the Southwest quarter, Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies Westerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 201.47 feet. AND EXCEPT the East 25 feet of the West 435.60 feet of the South 200 feet of the North 434 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, deeded to the State of Arizona in instrument recorded in Docket 814, page 399. TOGETHER WITH a right of reasonable access to Tomahawk Road as shown on the map and plans of project F028-1 (1) in the office of the State Engineer, Phoenix, Arizona. EXCEPTING and reserving, however, unto the United States of America, all the coal, and other minerals inthe lands, as set forth in the Patent of said land. PARCEL NO. 5: 103-22-010B and 103-22-021 That portion Range 8 East follows: Beginning at Thence South 434.00 feet; Thence North BEGINNING on Thence Thence Thence Thence Thence Thence Thence of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as the West quarter corner of said Section 34; 00 degrees 06 minutes 00 seconds East, along the West line thereof, a distance of 89 degrees 54 minutes 00 seconds East a distance of 50.0 feet to the existing easterly degrees 57 minutes degrees 06 minutes degrees 57 minutes degrees 06 minutes degrees 57 minutes degrees 06 minutes right of way line of Tomahawk 30 seconds East, a 00 seconds West, a 30 seconds East, a 00 seconds East, a 30 seconds West, a 00 seconds East, a degrees 57 minutes 30 seconds West, a existing easterly right of way line; Thence North 00 degrees 06 minutes 00 seconds West, along said easterly right of way line, a feet; feet; feet; the TRUE POINT OF North North North South South South South 89 00 89 0 0 89 0 0 89 distance of 50.00 feet to the EXCEPTING THEREFROM all coal, recorded in Book 53, page 380 distance distance distance distance distance distance distance of of of of of of o f Road; 360.60 200.00 197.90 50.00 feet; 147.90 feet; 200 feet; 410.60 feet to the aforesaid TRUE POINT OF BEGINNING; oil, gas and other mineral deposits, as reserved in the Patent of Deeds, records of Pinal County, Arizona. PARCEL NO. 6: 103-22-022 (ADOT R.O.W) That portion of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies northerly of a line that begins at a point on the West Line of said Section 34, which bears South 434 feet from the West quarter corner of said Section 34; Thence East 56.99 feet; Thence North 07 degrees 00 minutes 00 seconds East, a distance of 346.63 feet; Thence North 85 degrees 00 minutes 00 seconds East, a distance of 1103.58 feet to the POINT OF ENDING on the north line of said Northwest Quarter of the Southwest quarter of section 34, thereof; Except the West 50 feet of the property described immediately above. CITY OF APACHE JUNCTION, ARIZONA, ANNEXATION AND REZONING MAP EXHIBIT "B" ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY A. The zoning district classifications on the Zoning District Map, City of Apache Junction, Arizona, be and hereby are amended by adopting and establishing City of Apache Junction zoning district classifications 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"), and from the former Pinal County Multiple -Family Residential ("CR-4")zone to the City of Apache Junction classification of Very High Density Multiple -Family Residential ("RM-3")zone, for the territories as depicted and described in the preceding Exhibit "A".