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Home My WebLink AboutORD8221810-7141, ORDINANCE NO.822 OFFICIAL RECORDS OF FINAL COUNTY RECORDER KATHLEEN C. FELIX DATE:17MAR92 TIME:151S FEE:$4.00 $.00 $.00 PAGES:004 DOCKET:1810 PAGE:714 INSTRUMENT #037631 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING AND CORRECTING ORDINANCE NO.803 OF THE CITY OF APACHE JUNCTION,ARIZONA,AS PASSED AND ADOPTED ON THE 5TH DAY OF NOVEMBER,1991; DECLARATION OF INTENT;AND DECLARING AN EMERGENCY. WHEREAS,the Mayor and the City Council of the City of Apache Junction,Arizona, on November 5,1991 passed and adopted Ordinance No.803 of the Mayor and the City Council of the City of Apache Junction,Arizona,extending and increasing the corporate limits of the City of Apache Junction,Pinal County,Arizona, pursuant to the provisions of Title 9,Chapter 4,Article 7,Arizona Revised Statutes and Amendments thereto,by annexing thereto certain state and federal territory contiguous to the existing City limits of the City of Apache Junction; and WHEREAS,said Ordinance No.803 is now in full force and effect;and WHEREAS, typographical errors exist in the legal description contained in Section I of said Ordinance No.803 wherein the description does not match the official map reflected and incorporated in Section I I of said ordinance;and WHEREAS,the map of the territory annexed to the City of Apache Junction, Arizona,as referred to in Section I I of said Ordinance No.803 is in all respects an accurate map of the territory annexed to the City of Apache Junction, Arizona,by said Ordinance No.803;and WHEREAS,the aforementioned map of annexed territory as incorporated in said Ordinance No.803 was adopted as a part of the petition for annexation and was duly published and recorded as required by law;and WHEREAS,pursuant to the authority of McCune v.City of Phoenix,83 Ariz.98 (1957);City of Douglas v.City of Sierra Vista,21 Ariz.App.71 (1973);and Glick v.Town of Gilbert,123 Ariz.395 (Ariz.App.1979)typographical errors in the legal description of property to be annexed do not affect the validity of annexation when the map attached to the annexation ordinance is accurate in all respects;and WHEREAS,i t is the desire of the Mayor and the City Council of the City of Apache Junction, Arizona to clarify and correct any previous typographical errors in the legal description of the territory annexed to the City of Apache Junction, Arizona by said Ordinance No.803;and ORDINANCE NO.822 PAGE ONE OF FOUR 1810-715 WHEREAS,said Ordinance No.803 is in all respects an effective,adopted ordinance of the City of Apache Junction,Arizona and i t being the specific intent that this ordinance shall not,in any manner,whatsoever,affect the validity of Ordinance No.803 as passed and adopted on November 5,1991; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT: SECTION I That the legal description of the territory annexed by Ordinance No.803 of the City of Apache Junction, Arizona,as passed and adopted by the Mayor and the City Council of the City of Apache Junction,Arizona,on November 5,1991 be amended and clarified to describe the territory annexed to the City limits by said ordinance to read as follows: Sections 7,8,9,and 10,EXCEPT the North fifty feet (50')thereof, Township 1 North,Range 8 East,Gila and Salt River Base and Meridian, Pinal County,Arizona;AND Section 11,EXCEPT the East fifty feet (50'),and EXCEPT the North fifty feet (50')of the Northwest quarter of the Northwest quarter,and EXCEPT the North fifty feet (50')of the Northeast quarter of the Northeast quarter,and EXCEPT the East one-half of the Northwest quarter,and EXCEPT the West one-half of the Northeast quarter,and EXCEPT the East thirty feet (30')of the West one-half of the Northwest quarter,and EXCEPT the North forty feet (40')of the East one-half of the Southwest quarter,and EXCEPT the North forty feet (40')of the West one-half of the Southeast quarter,and EXCEPT the West thirty feet (30')of the East one-half of the Northeast quarter,and EXCEPT the North forty feet (40')of the East thirty feet (30')of the Northwest quarter of the Southwest quarter,and EXCEPT the North forty feet (40')of the West thirty feet (30')of the Northeast quarter of the Southeast quarter,Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Pinal County,Arizona;AND Section 14,EXCEPT the Southeast quarter,and EXCEPT the South forty feet (40')and the East fifty feet (50')of the Northeast quarter,and EXCEPT the East forty feet (40')of the Southwest quarter,and EXCEPT the South forty feet (40')of the East forty feet (40')of the Northwest quarter, Township 1 North,Range 8 East,Gila and Salt River Base and Meridian, Pinal County,Arizona;AND The West one-half of Section 23,EXCEPT the East forty feet (40')thereof, Township 1 North,Range 8 East,Gila and Salt River Base and Meridian, Pinal County,Arizona;AND ORDINANCE NO.822 PAGE TWO OF FOUR 1810-716 Section 26,EXCEPT the East fifty feet (50'),and EXCEPT the North fifty feet (50')of the East one-half,and EXCEPT the South fifty feet (50')of the West one-half,and EXCEPT the North fifty feet (50')of the East forty feet (40')of the West one-half thereof,and EXCEPT the South fifty feet (50')of the West forty feet (40')of the East one-half thereof,Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Pinal County,Arizona;AND The East one-half of Section 35,EXCEPT the West forty feet (40'),and EXCEPT the East fifty feet (50')of the North one-half,and EXCEPT the North forty feet (40')of the East fifty feet (50')of the South one-half, and EXCEPT the South fifty feet (50')of the East fifty feet (50')of the South one-half,Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Pinal County,Arizona;AND The Southwest quarter of Section 36,EXCEPT the South fifty feet (50'), and EXCEPT the Northeast quarter,and EXCEPT the North forty feet (40') and the East thirty feet (30')of the Northwest quarter,and EXCEPT the North thirty feet (30')of the Southeast quarter,and EXCEPT the North thirty feet (30')of the East thirty feet (30')of the Southwest quarter, Township 1 North,Range 8 East,Gila and Salt River Base and Meridian, Pinal County,Arizona;AND The South one-half of the Southeast quarter of Section 36,EXCEPT the North thirty feet (30'),the South fifty feet (50')and the East fifty feet (50'),Township 1 North,Range 8 East,Gila and Salt River Base and Meridian,Pinal County,Arizona;AND Section 2,EXCEPT the West,South and East fifty feet (50'),and EXCEPT the North fifty feet (50')of the West one-half,and EXCEPT the North fifty feet (50')of the West forty feet (40')of the Northeast quarter, Township 1 South,Range 8 East,Gila and Salt River Base and Meridian, Pinal County,Arizona. SECTION I I DECLARATION OF INTENT The purpose of this Ordinance is to amend and correct Section I of Ordinance No. 803 of the Mayor and the City Council of the City of Apache Junction,Arizona by clarifying and correcting typographic and clerical errors as contained in the legal description contained within Section I of said Ordinance No.803.By this amendment and clarification i t is not the intent to repeal any section of Ordinance No.803 nor to affect either its validity or its effective adoption as of November 5,1991. SECTION III DECLARATION OF EMERGENCY WHEREAS,i t is necessary for the preservation of the peace,health and safety of the City of Apache Junction, Arizona,an emergency is declared to exist,and this ordinance shall be effective upon its passage and adoption. ORDINANCE NO.822 PAGE THREE OF FOUR 1810-717 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 21ST DAY OF JANUARY ,1992. SIGNED AND ATTESTED TO THIS 22ND DAY OF JANUARY ,1992. THOMAS DAMDAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APP GLENN J./GIMBUT ci/ty AtfOrne ORDINANCE NO.822 PAGE FOUR OF FOUR