Loading...
HomeMy WebLinkAboutRES79-51RESOLUTION NO. 79-51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, RELATING TO THE ISSUANCE OF BUILDING PERMITS ON CERTAIN LANDS WITHIN THE CITY OF APACHE JUNCTION: REPEALING CONFLICTING RESOLUTIONS: AND DECLARING AN EMERGENCY. WHEREAS, from time to time certain lands in the City of Apache Junction, Pinal County, Arizona, were for- merly federal lands and have been patented to private citizens; and WHEREAS, federal patents to said lands were issued to certain citizens subject to certain easements and rights- of -way for public roads, streets, alleys, bridges, utilities and other public purposes, and WHEREAS, said easements and rights -of -way were granted for the public use and exerciseable by local govern- ment agencies including the City of Apache Junction, Arizona; and WHEREAS, the City of Apache Junction, Arizona was incorporated on November 24, 1978 and therefore has jurisdiction over public roads within the City limits; and WHEREAS, upon acceptance of said easements and public rights -of -way there is no requirement that easements and public rights -of -way be immediately put to use; and WHEREAS, the Zoning Ordinance of the City of Apache Junction requires that building permits be issued to lots abutting a public street; and WHEREAS, pursuant to Resolution 79-50, the City Council of Apache Junction authorized the Director of Public Works to enter into certain agreements relating to the dedic- ation of public rights -of -way and of public improvements thereon prior to the issuance of a building permit for said lot; and WHEREAS, the Zoning Ordinance of the City of Apache Junction requires that landowners in an area that is zoned for General Rural (GR) have at least one and one- quarter gross acres of land before they will be issued a building permit to build a residential structure thereon, and WHEREAS, the Pinal County Assessor's Map shows many one and one quarter (1 1/4) acres lots containing only eight -tenths (0.8) of acre net acreage, building permits are being denied to the property owners; and WHEREAS, many owners of property whose title was derived from the above -mentioned federal patents, have been prevented from making effective use of their property, and WHEREAS, many owners of one and one -quarter (1 1/4) acre lots, title of which derives from federal patents, purchased said land without actual knowledge of the exist- ence of the easements and public rights -of -way, and WHEREAS, the Director of Public Works and the Director of Planning have recommended that the City Council take action to remedy the problem facing the landowners. NOW, THEREFORE, BE IT RESOLVED that the Zoning Administrator or his agent be and he is hereby authorized and directed upon compliance with applicable ordinances and codes, to issue building permits for construction upon those federal patent lands which as recorded in the Final County Assessor's Office show only eight -tenths (0.8) of an acre net acreage; and FURTHER RESOLVED that the Zoning Administrator or his agent be and he is hereby authorized to measure setbacks required under the City's Zoning Ordinance from the interior easement and rights -of -way lines rather than from the property lines, provided however that the City has not abandoned said easements and/or public rights -of -way. FURTHER RESOLVED that any Resolution or part thereof in conflict with this resolution be and it is hereby repealed to the extent of said conflict; and -2- FURTHER RESOLVED that the immediate operation of this Resolution is necessary for the preservation of the public peace, health and safety of the City of Apache Junction and an emergency is declared to exist, and this Resolution shall be in full force and effect from and after its passage, adoption or approval by the City Council of Apache Junction. PASSED AND ADOPTED BY AT LEAST THRU FOURTHS of the City Council on this /97 day of ,&,e _ee-,-,ae4 ,1979. ATTEST: Cler APPROVED AS TO FORM: A -5t4 City Attorney c AGREEMENT AGREEMENT Made this day of 1979 between the CITY OF APACHE JUNCTION, Pinal County, •Arizona (hereinafter called "City") and (hereinafter called "Applicant). WHEREAS, the Applicant is the owner of certain real property located within the city limits of Apache Junction, more particularly described as (Attach Exhibit If Needed) ;and WHEREAS, the Applicant wishes to develop said property, and has therefore applied to the City for issuance of a building permit for said property; and WHEREAS, the City, pursuant to its Zoning Ordinance, Sec. 439, requires that a lot abut upon at least one public street; IT IS HEREBY CONVENANTED AND AGREED in consideration of mutual promises had and received as follows: 1.The City hereby agrees to issue a building permit to the Applicant pursuant to his/her application upon the conditions hereinafter set forth, provided that this. agreement shall not be construed as relieving Applicant from any or all requirements as set forth in the Zoning Ordinances or Uniform Building Code. 2.In consideration of the approval by the City for issuance of a building permit, the Applicant agrees that if there are any easements for any public rights -of -way appurtenant to the property for which application is made that the Applicant shall dedicate said easements to the City for public street utility and other public right -Of -way. 3.The City shall not approve a building permit nor accept a dedication by the Applicant of any public right- of-way unless one of the following conditions are met: a.If the Applicant is a developer, it has put up a sufficient bond in a form accept- able to City to insure the completion of such street improvements according to the said minimum City standards for streets; or b.Applicant agrees to become a party to a Public Improvement District according to the criteria as set forth in paragraph 4 hereof. -2- 4.The further criteria for the Applicant receiving approval for issuance of a building permit under section 3(h) of this Agreement are as follows: a.If, as and when at least fifty-one percent (517) of the property owners, including this Applicant, having frontage on the public street (from intersection to intersection) upon which Applicant's property abuts, agree to form a Public Improvement District for the purpose of curb, gutter, asphalt and other street improvements,according to the minimum standards set forth by the Director of Public Works, and to such additional standards as set forth in Exhibit "A", which is made a part hereof as though set forth in full.Thereupon, the applicant shall not oppose said Public Improvement District and agrees to become a member of said District and does hereby irrevocably constitute City its agent for purposes of subscribing to and affixing Applicants name to said petition. b.Further, Applicant covenants and agrees to pay a proportional share, according to prop- erty footage abutting the public street in question, to the center line thereof, or as otherwise set forth in Exhibit "A", of the costs incurred in improving the street according to the minimum standards as set forth in this Agreement. -3- 5.This Agreement shall be binding upon the Applicant and its heirs, assigns or successors in interest or agents of any of the aforesaid in relation to the above described property. IN WITNESS WHERE OF the parties hereto have executed this Agreement as of the day and year first above written. THE CITY OF APACHE JUNCTION By: APPLICANT SUBSCRIBED AND SWORN to before me this day of , 19 by , for the City of Apache Junction. Notary Public My Commission Expires: SUBSCRIBED AND SWORN to before me this day of , 19 by , as Applicant. Notary Public My Commission Expires: