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HomeMy WebLinkAboutRES 98-10RESOLUTION NO.98-10 A RESOLUTION OF INTENTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, GRANTING PERMISSION TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO.1 TO PROVIDE SERVICE TO CERTAIN PROPERTY LOCATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION WHEREAS,the City of Apache Junction ("City")formed the Superstition Mountains Community Facilities District No.1 ("District")pursuant to Arizona Revised Statutes §48-701 et seq.for the purpose of constructing sewer infrastructure and providing sewer service;and WHEREAS,District i s not permitted to provide sewer service outside of the corporate limits of City without the consent of City;and WHEREAS,District desires to expand its service area to serve certain property in Pinal County;and WHEREAS,City desires to permit District to serve the property adjacent to City's current municipal boundary in Pinal County as described and depicted in Exhibits "A-1"and "A-2 -,provided that:(1)the developer of such property agrees to consent to City's annexation of such property at any time after adoption of this resolution;and (2)abides by all terms and conditions in the Pre -Annexation Agreement,attached hereto as Exhibit "B." NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona,as follows: The City of Apache Junction grants its consent to the Superstition Mountains Community Facilities District No.1 to extend service to the property described and depicted in Exhibits "A-1"and "A-2",provided that the District complies with all acceptable laws and receives all necessary approvals prior to such extension of service,and provided that the developer of such property unequivocally and irrevocably consents to the terms of the Pre -Annexation Agreement,attached hereto as Exhibit "B,"at any time after adoption of this resolution. RESOLUTION NO.98-10 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 17TH DAY OF MARCH ,1998. SIGNED AND ATTESTED TO THIS 17TH DAY OF MARCH ,1998. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney RESOLUTION NO.98-10 PAGE 2 OF 2 IID DOUGLAS COLVMAN Mayor 00-1e/i^-4-1----L------ EXHIBIT "A-1" LEGAL DESCRIPTION The Southwest quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 33, Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. A. C. 4301 4308 S. D. 04159 Ct" 11642 • SEC.33 102 -05 E SOUTHERN 102 -06 TN. IN 102 24 RG 8E 102 -07 2/2 AVE - ea SEE MAP 102 -27 1/2© SEE MAP 102 - 21 I . SEE MAR 1 102 272/2 STATE OF ARIZONA 0' .1%_ li&O0 4 (I) 0 ., 0[2.if a Irtil d )ime 1 . cc APACHE EAST . . • ,I a c- i C .)4 . ._,zzo__...ESTATES M.. -: 0 6 mum.womi,G)..0,e LainOM,o,i . • =1,m9,,.. ..„,,,,",;•07 6..T../;,..1-1-,.t.ill E.BASELINE 6 102 - 20 NOT To SCALJE .S AL -E "COO 5-29 - 9 = SUBJECT SITE EXHIBIT "A-2" EXHIBIT "B" PRE -ANNEXATION DEVELOPMENT AGREEMENT This Pre -Annexation Development Agreement ("Agreement") is made this 17thday of March , 1998, by and between THE CITY OF APACHE JUNCTION, a municipal corporation organized under the laws of the State of Arizona ("City") and EDDIE L. COOPER, d/b/a COOPER'S SEWER AND DRAIN, INC., his heirs, assigns and successors in interest ("Developer"). RECITALS A.The property that is the subject of this Agreement is legally described and depicted on Exhibits "A-1" and "A-2" attached hereto ("Property"). B.The Developer desires to gain consent of the Apache Junction City Council ("City Council") for the Superstition Mountain Community Facilities District No.1 ("District") to provide sewer service to Property pursuant to the provisions of A.R.S. §48-709(A)(14). C.The City desires to grant its consent for District to provide sewer service, if Developer consents to the annexation of Property under the terms and conditions of this Agreement. NOW,THEREFORE,in consideration of the foregoing and the mutual promises and covenants contained herein,and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as set forth below: AGREEMENT 1.STATUS OF PROPERTY, ANNEXATION, UTILITY SERVICE a.Zoning -Use of Property.City and Developer hereby agree that upon annexation of the Property into the municipal limits, as part of the annexation ordinance, pursuant to the provisions of A.R.S.§9-471(L),Property will be given the zoning classification that is most similar to the current Pinal County zoning. b.Annexation.Developer hereby agrees to sign any petition(s) for annexation as may be presented to him by City and/or take any such other actions as may be necessary to cause Property to be annexed into the corporate limits of the City of Apache Junction.This includes assisting City in obtaining the signatures of such other property owners to such petition(s) as may be necessary in order to properly effectuate annexation. c.Provision of Utility Service.Developer hereby agrees to provide for the extension of sewer utility service to service Property in accordance with a separate service agreement entered into with District. d.Approval for Sewer Service.City Council hereby grants permission to District to provide sewer service to Property.This grant of permission is conditioned upon District's receipt of all necessary approvals, if any, from any regional wastewater management authority.Nothing in this grant of permission is to be construed as requiring Developer to acquire said services or to require District to provide said service. e.Development Fees.Developer agrees to pay all applicable development fees to City for future erection of buildings or structures.Such obligations will become due when Developer obtains building permits from Pinal County,and must be paid prior to final connection to District's sewer system.Developer must notify City by certified mail one (1) week prior to its final connection to District's sewer system. f.Development Plans.If Developer commences development of Property prior to City's annexation of Property, Developer shall provide to City for its review and comment copies of all plans and applications submitted to Final County for the County's development review and approval.Unless in conflict with other laws, Developer shall develop and comply with all ordinances, codes and regulations of the City of Apache Junction. 2.GENERAL PROVISIONS. a.Amendment.This Agreement may be amended at any time by written amendment executed by both parties. b.Assignment.Developer shall not assign or otherwise transfer their rights and duties under this Agreement without the prior written consent of City, which shall not unreasonably be withheld. c.Attorneys' Fees.In the event any action shall be instituted between the parties in connection with this Agreement, the party prevailing in such action shall be entitled to recover from the other party all of its costs, including reasonable attorneys' fees. d.Authorization.The parties to this Agreement represent and warrant that the persons executing this Agreement on their behalves have full authority to bind the respective parties. e.Cancellation.This Agreement is subject to the cancellation provisions of A.R.S. §38-511. - 2 of 5 - f.Captions.The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. g.Construction of Agreement.This Agreement has been arrived at by negotiation and shall not be construed against either party to it or against the party who prepared the last draft. h.Counterparts.This Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. i.Dispute Resolution.Except as otherwise agreed to by the parties, all proceedings brought by either party against the other to enforce the provisions of this Agreement shall be filed in the Pinal County Superior Court.In the event of any action or proceeding brought by a third party, whether private or government person or entity, challenging the validity of this Agreement or any provision thereof, the parties shall cooperate in defending against such challenge, provided that each party shall pay their own respective legal expenses and costs associated with such defense.During the entire course of any such proceeding, this Agreement shall remain in full force and effect. j.Entire Agreement.This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, oral or written, are hereby superseded and merged herein. k.Exhibits.All exhibits attached hereto are incorporated herein by reference as though fully set forth herein. 1.Governing Law.This Agreement shall be governed by and construed under the laws of the State of Arizona.This Agreement shall be deemed made and entered into in Pinal County. m.Modification.No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto, and any waiver granted shall not be deemed effective except for the instance and in the circumstances particularly specified therein and unless in writing, executed by the party against whom enforcement of the waiver is sought. n.No Third Party Beneficiaries.City and Developer acknowledge and agree that the terms, provisions and conditions hereof are for the sole benefit of, and may be enforceable solely by City and Developer, and none of such terms, provisions, conditions, and obligations are for the benefit or may be enforced by any third party. o.Recordation of Agreement.In accordance with A.R.S.§9-500.05(D),this Agreement and any subsequent amendment hereof shall be recorded in its entirety in the official records of the Pinal County Recorder, State of Arizona, no later than ten (10) days from the date of its execution by the City. - 3 of 5 - p.Successors and Assigns.Subject to the restrictions and prohibitions on assignment set forth in this Agreement, all of the covenants and conditions set forth herein shall inure to the benefit of and shall be binding upon the successors in interest of each of the parties hereto. cl. hereof. Term.This Agreement shall terminate five (5) years after the execution date r.Time of the Essence.Time is of the essence in carrying out the terms of this Agreement. s.Waiver.No waiver by either party of a breach of any of the terms, covenants or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition herein contained. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and attested by its City Clerk, and Developer has signed the same on or as of the day and year first above written. ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: a e :-.3-.11-92 Richard J. Stern City Attorney THE CITY OF APACHE JUNCTION, An Arizona Municipal Corporation By:IIiI Douglas Cqleman, Mayor - 4 of 5 - By: STATE OF ARIZONA) ) ss. COUNTY OF PINAL ) EDDIE L.COOPER,d/b/a COOPER'S SEWER AND DRAIN, INC., an Arizona Corporation Name:EdA L 7 Title:ry_2_4 ;le.--if .AA The foregoing d,q 1998, by F-glt.\ X fpc-,-Q•ei , on behalf of Cooper's Sewer and Drain, Inc. Witness my hand and official seal. My Commission Expire9r)3 \-kc)cl`c - 5 of 5 - !ca.:E:',2,-2.....,?,-.:::.,..-Z:::::ti:::-4'.:4,-..-,•,::-=2-,,,,e,-.2.z.z...._,,,,z \ NO1 AHY PUBLIC)STATE OF ARIZONA (1\"•;,. :77..)k4 County of Pinal 1 4 Y JACKIE LeCOUNT k0 Crs-nrnssbn Expiras October 31'1938