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HomeMy WebLinkAboutORD1515 OFFICIAL RECORDS QF " X,0INAL COUNTY RECORDER Virginia Ross When recorded, please mail back to: 6XT*' "}f DATEtTIME: 10/1112021 1331 City of Apache Junction FEE: $15.00 c/o Development Services Department PAGES: 14 300 E. Superstition Boulevard FEE NUMBER: ' 2021-128621 Apache Junction, AZ 85119 City of Apache Junction Annexation Case AN--1-20 Ordinance No . 1515 ORDINANCE NO. 1515 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-1-20, 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; RECORDATION; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . 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 iimits, 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. 1515 PAGE 1 OF 5 1_3t WHEREAS, the provisions of Arizona Revised Statutes (""A. R. S. ") , 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, pursuant to A. R.S. Section 9-462.01 (J) , the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A.R.S. Section 9-462. 01 (J) ; 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: Sections 17-20, 28-30, and portions of Sections 16, 21, 22, 27, and 31-34, Township I South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, BEGINNING at the Northwest corner of Section 18, Township I South, Range 8 East, ORDINANCE NO. 1515 PAGE 2 OF 5 THENCE East along the North line of Sections 18 and 17 to the Northeast corner of Section 17, also being the Northwest corner of Section 16, Township I South, Range 8 East, THENCE East along the North line of Section 16 to a point on the West line of the -C.A. P. Canal, THENCE Southeasterly along the West line of the C.A.P. Canal through Sections 16, 21, 22, 27, and 34, Township 1 South, Range 8 East, to a point on the East-West mid-section line of Section 34, THENCE west along the East-West mid-section line of Sections 34, 33, 32, and 31 to the Southeast corner of Lot 4 in Section 31, Township 1 South, Range 8 East, THENCE North along the East line of Lots 4 and 3 to the Northeast corner of Lot 3 and a point on the North line of Section 31, Township 1 South, Range 8 East, THENCE West along the North line of Section 31 to the Northwest corner of Section 31, also being the Southwest corner of Section 30, THENCE North along the West line of Sections 30, 19, and 18, Township 1 South, Range .8 East, to the Northwest corner of Section 18, being the POINT OF BEGINNING; EXCEPT for the following described property: 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*39105"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 N89045143"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 S00039105"E, a distance of 404 . 31 feet; THENCE S89045143"W, and parallel to the North line of said Section 18, a distance of 4115. 02 feet; THENCE N89037105"W, a distance of 1400 . 51 feet to the POINT OF BEGINNING (containing 50. 95 acres more or less) . ORDINANCE NO. 1515 PAGE 3 OF 5 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 t'he city, attached hereto as Exhibit "A", be forthwith filed arid recorded in the office of the county recorder of Pinal County, Arizona. SECTION III : REPEALING OF CONFLICTING ORDINANCES All ordinances and part of ordinances and/or Provisions a the Apache Junction City Code which are in conf lict with the provisions of this ordinance are hereby repealed. SECTION IV: PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, claUse or portion of this ordinance is for a n,y reason held to be invalid or unconstitutional by the decision of any court of competenit jurisdiction, such decision shall not affect the validity of the remaining portion thereof . ,SECTION V: PROVIDING FOR PENAITIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as civil, and criminal violations consisten,t witti Apache Junction City Code, Volume II, Chapter 1 : E_onin_a Ordinance, Article 1-1 Introducto, Provi,sions, Section I- 1-7 General Penalty PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF' APACHE JUNCTION, ARIZONA, THIS DAY OF 202 . — I _ZL,-,IL JLC,1,:__�-� 1 I SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALI'ER ' CHIP" WILSON Mayor ATTEST: J,;ZNNIFEP, PENA City Clerk ORDINANCE NO. 1,515 PAGE 4 OF' 5 APPROVED AS TO FORM: \y�\\\. /\\/a\ -2) --- RICHARD \/\L STERN City Attorney \/\\\\CE NO. 1515 2/GE 5 OF 5 CERNIFICATION OF MAR NAP OF ANNEXED APEX, CASE AN-1-20 DATE: 2021 I, Walter "Chip" Wilson, 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. 1515, annexing the territory described in Ordinance No. 1515 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. ALTER -CHIP- WILSON Mayor Attest : EA q NIFER JENA City Clerk Apadhe Junction tion l r r Exhibit 1AnnexationAreaMap ,andLegalDescription, t {t 60 ! ! % ! �'3'i,/r volrr 3' ilk — TIN .:�t. - �1, r _� � e =.• ,� �. `fit T TIS tak CITY OF APA HE JUNC ION CITY OF � i� � �18` �7 �b ;� 14 .MESA T11S ROEd l 20 223 ANNEXATION AREA 26 -� zFI C) af> T1S ; _ T2S TUWN C?F °QUEEN CREEK *�* December 2020 ' 0 1 2 Miles CITY OF APACHE JUNCTION CASE AN-1-20: EXHIBIT A - LEGAL DESCRIPTION Sections 17-20, 28-30, and portions of Sections 16, 21, 22, 27, and 31-34, Township I South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, BEGINNING at the Northwest corner of Section 18, Township 1 South, Range 8 East, THENCE East along the North line of Sections 18 and 17 to the Northeast corner of Section 17, also being the Northwest corner of Section 16, Township 1 South, Range 8 East, THENCE East along the North line of Section 16 to a point on the West line of the C.A.P. Canal, THENCE Southeasterly along the West line of the C.A.P. Canal through Sections 16, 21, 22, 27, and 34, Township 1 South, Range 8 East, to a point on the East-West mid-section line of Section 34, THENCE west along the East-West mid-section line of Sections 34, 33, 32, and 31 to the Southeast corner of Lot 4 in Section 31, Township 1 South, Range 8 East, THENCE North along the East line of Lots 4 and 3 to the Northeast corner of Lot 3 and a point on the North line of Section 31, Township I South, Range 8 East, THENCE West along the North line of Section 31 to the Northwest corner of Section 31, also being the Southwest corner of Section 30, THENCE North along the West line of Sections 30, 19, and 18, Township I South, Range 8 East, to the Northwest corner of Section 18, being the POINT OF BEGINNING; EXCEPT for the following described property: A portion of Government Lots 1, 2 and 3, and the North half of the Northeast quarter of Section 18, Township I 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 N00'39105"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"45143"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 N89045143"E, along the North line of the Northeast quarter of said Section 18, a distance of 1935.46 feet; THENCE S00039105"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 N89'37105"W, a distance of 1400. 51 feet to the POINT OF BEGINNING (containing 50. 95 acres more or less) . 11ONW-, Douglas A.Ducey '71 V-0-ft 30�' Lisa A.Atkins Governor Commissioner Arizona State Lana Department 1616 West Adams,Phoenix,Arizona$3007 (602)5424631 July 25,2019 Honorable Jeff Serdy Mayor City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 Re: State Selection Board;Proposed Annexation of State Trust Land Dear Mayor Serdy, It is a pleasure to advise you that on July 17,2019, the State Selection Board approved the City of Apache Junction's proposed annexation of State Trust land. The State Selection Board's approval is included in the meeting minutes, and are posted on the State Land Department's website h66s:fl!PMA,i.O.-yZifite-ieledlon-62prd. The purpose of this letter is to notify you of the approval and advise you of die additional steps necessary to complete the annexation. Pursuant to Arizona Revised Statutes Title 9, §47 I.A.I., annexation of State Trust land requires the approval of the State Selection Board and the State Land Commissioner. no Commissioner will provide written approval following the Apache Junction Council approval of a pre- annexation development agreement. ASLD is will continue working with City staff to develop a strategy for annexing and entitling the State Trust land that was approved for annexation by the Selection Board. We look forward to working with you and your staff toward a successful annexation. Should you have any questions, please contact Mark Edelman at 602-542-6331 or Sincerely, Lisa A.Atkins State Land Commissioner cc: Bryan Powell,City of Apache Junction,Manager Serving Arizon4i Seboals and Public Invitudow Since,015 *-vvw.AzLand.6*ov STATE SELECTION BOARD MEETING MINUTES Arizona State Capitol Building 1700 W.Washington Street 21'Floor Conference Room Phoenix,Arizona. 85007 Wednesday,July 17, 2019 Selection Board Members Present: Douglas A.Ducey,Governor Kimberly Yee, State Treasurer Selection Board Member Absent: Mark Bmovich, Attorney General Governor's Office Staff- Hunter Moore,Natural Resources Policy Advisor Nicole Coyler,Deputy General Counsel State Land Department: Lisa A.Atkins,State Land Commissioner Wesley P.Mehl,Director of Strategic Projects David Jacobs,Assistant Attorney General State Land Department Staff- James Perry,Deputy Commissioner Mark Edelman, Director of Planning and Engineering Christine Thurston, Executive Assistant Trinity Perlberg,P&PS 111 BOA Clerk Michelle Green,Lazarus,Silvyn and Bangs Treasurer's Office Staff Mark Swenson,Deputy Treasurer Call to Order The State Selection Board Meeting was called to order by Governor Ducey at 2:34 p.m. Governor Ducey welcomed everyone and thanked State Treasurer Kimberly Yee for attending. Governor Ducey noted that Mark Bmovich, Attorney General was unable to. attend the meeting today; however, the Board had a quorum and was able conduct business. Governor Ducey introduced State Land Commissioner Lisa A. Atkins who provided comment on the State Land Department. Commissioner Atkins introduced Director of Strategic Projects Wesley Mehl who also provided comment on the State Land Department. Commissioner Lisa A. Atkins also noted a letter was received by the Arizona State Land Department on July 16, 2019 from the City of Phoenix regarding agenda item 3. The letter will be added into the record for the Selection Board. Call to Public Governor Ducey asked if anyone from the Public would like to address the Selection Board. No Public Comment. Consent Agenda I. Approval of Minutes - Review and approval of the nrinutesfronj lite Jime 11, 2018 Selection Board meeting. 2. City of Avondale Right of May Annexation-The State Land Commissioner requests approval for lite annexation of approximately 6 acres of State Trust land,a strip of land tip to 100feet wide and 1.1 miles long, in TINRIW Section 36 located in Maricepa County, betiveen the JIP Avenue alignment on the east and El Mirage Road on the west, into the City ofAvondale. This annexation corrects an error in the City of Avondale annexation ordinance dated November 13, 1990 that excluded this strip of State Trost land from the annexation. 3. City of Scottsdale Right of Way Annexation - The State Land Commissioner requests approval for the annexation of all State Trust land, approxiniately 3 acres, within a strip of land 10-Ject wide and approximately 2.8 miles long, in TW R4E Sections 22, 27 and 34 located in Maricopa County, along Scottsdale Road from Deer Talley Road on the not to approximately 0.3 miles north of the CAP Canal on the south, into lite City of Scottsdale. This State Trost land was left out of-lite original annexation of Scottsdale Road into the City of Scottsdale. 4. City of Mesa Anne-vadons-Both of the following State Trost parcels, along with roughly 960 acres of private land,are surrounded by lite City ofMesa on four sides 4.1 City of Mesa Inner Loop Anne-radon. The State Land Commissioner, and a group of private property owners, request approval for the annexation of appro.rintalely 320 acres of State Trust land in TIS R7E Sections 16&17. located in Maricapa County, west and north of Loop 202, into the City of Mesa. 4.2 City of Mesa Outer Loop Annexation - The State Land Commissioner, and a group of private property owners, request approval for lite annexation of approximately 320 acres of State Trost land in TIS R7E Section 16.located in idaricopa County,east of Loop 202.into the City of Mesa. S. City of Yuma Annexation-The State Land Commissioner requests approval for tire annexation of State Trust land in T8S R21WSections 29, 30, 31 &32 and 79S R21 'Section 6. appro.vintately 1,282 acres located in Yuma County, imst of the Dutia Proving Grounds, into the City of Yunw. Yuma is the only nearby municipality and the annexation will facilitate the ariension of municipal services to the Slate Trost land and an adjacent private community that wishes to be annexed. 6. Town of Eagar Annexation- The State Land Commissioner requests approval for the annexation of State rhat land in T8N RME Section 11, approximately 160 acres, located in Apache County, along State Battle 260, into the Town of Eagar. The annexation will facilitate the development of the State Trost land and enable lite annexation of a neighboring parcel owned by tile Town into tile Town. Governor Ducey asked for a motion. Treasurer Yee called for a motion to approve items I through 6 as described on the Consent Agenda. Governor Ducey seconded the motion. Motion approved. Regular Business /--7. City of Apache Junction Anne-ration — The State Land Commissioner requests approval for the annexation of approximately 6,687 acres of State Trost land in TIS R8E Sections 16, 17, 18. 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, & 34, located in Pinal County, south of Elliot Road, west of the CAP Canal and north of State Route-24,into the City of Apache Junction. for esley I Mehl presented on the City o pache unction Annexation. Governor Ducey asked for a motion. Treasurer Yee made a motion to approve the Arizona State Selection Board proposed annexation of approximately 6,687 acres of State Trust, as presented today, into the City of Apache Junction. Governor Ducey seconded the motion. Motion approved. 8. City of Peoria Annexations-The State Land Commissioner requests approval for the anne-ration ofeach of the parcels of State This(land listed below. all located in Maricopa County, totaling approximately 1.120 acres into the City of Peoria. 8.1 Parcel A-1 located in the north half of T4N RI E Section 8,approximately 78 acres. 8.2 Parcel A-1.I located in the southeastern quarter of T4N R I E Section 8,approximately I acre. 8.3 Parcel B located in T4N RIE Sections 18 & 19,roughly bounded by Tessmer Road on the west,Rose Garden Lane on the south, 107th and 109th Avenues on the cast and Williams Road on the north,approximately 189 acres. 8.4 Parcel C located in T5N RIE Sections 17 & 20, an 840-foot wide parcel roughly bounded by 99th Avenue on the east from the Dixileta Drive alignment on the south to near the CAP Canal on the north,approximately 174 acres. Director Wesley Mehl presented on the City of Peoria Annexation items 8.1 through 8A. Governor Ducey asked for a motion. Treasurer Yee made a motion to approve the proposed annexations described in agenda items 8.1 through 8.4, as presented today,into the City of Peoria. Governor Ducey seconded. Motion Approved. 8.5 Parcel D-I located in T4N RIW Sections 1 &12,between Loop 303 on the east and the I 19th Avenue alignment on the west from the Lomax Road alignment on the north to near Calle Lejos on the south,approximately 287 acres. 8.6 Parcel D-1.I located in T4N RIW Sections 1 &12,between Loop 303 on the west and the I 15th Avenue alignment on the east from the Jomax Road alignment on the north to near Calle Lejos on the south,approximately 176 acres. Director Wesley Mehl presented on City of Peoria Annexation items 8.5 and 8.6. Governor Ducey asked for a motion, Treasurer Yee made a motion to approve the proposed annexations described in agenda items 8.5 and 8.6, as presented today, into the City of Peoria. Governor Ducey seconded the motion. Motion Approved. 8.7 Parcel D-2 located in T4N RlW Section 11, between Loop 303 on the south and the West Wing substation on the north from the 123rd Avenue alignment on the east to the wash corridor on the west,approximately 42 acres. 8.8 Parcel D-2.1 located in T4N RI Section 11,between Loop 303 on the north and the Pinnacle Peak Road alignment on the south from the 123rd Avenue alignment on the east to the wash corridor on the west,approximately I I acres. 8.9 Parcel D-3 located in T4N RIW Section 11,between Loop 303 on the south and the McMicken Dam Outlet Channel on the north from the wash corridor on the cast to the Dysart Road alignment on the west,approximately 209 acres. 8.10 Parcel D3.1 located in T4N RI W Section 11,between Loop 303 on the north and the Pinnacle Peak Road alignment on the south from the wash corridor on the east to the Dysart Road alignment on the west,approximately 44 acres. , Director Wesley Mehl presented on City of Peoria Annexation items 8.7 through 8.10. Governor Ducey asked for a motion. Treasurer Yee made a motion to approve the proposed annexations described in agenda items 8.7 through 8.10, as presented today, into the City of Peoria. Motion approved. 9. Adjournment As there was no further business,Governor Ducey adjourned the meeting at 2:58 p.m.