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HomeMy WebLinkAboutRES 99-46RESOLUTION NO.99-46 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.I TO PROVIDE SERVICE TO CERTAIN PROPERTY MATED OUTSIDE THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION WHEREAS,the City of Apache Junction (the "City")formed the Superstition Mountains Community Facilities District No.I (the "District")pursuant to Arizona Revised Statutes Annotated §48-701,et seq.for the purpose of constructing sewer infrastructure and providing sewer service;and WHEREAS,the District is not permitted to provide sewer service outside of the corporate limits of the City of Apache Junction without the consent of the City;and WHEREAS,the District desires to expand its service area to serve certain property in Pinal County;and WHEREAS,the City desires to permit the District to serve the property adjacent to the City's current municipal boundary in Pinal County as described and depicted in Exhibit "A"provided that the developer of such property agrees to:(1)consent to the City's annexation of such property at any time after adoption of this resolution;and (2)abide by all terms and conditions in the Preannexation Agreement,attached to Resolution No.99-47. 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 Exhibit "V provided that the District complies with all applicable 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 Preannexation Agreement,attached to Resolution No.99-47 at any time after adoption of this resolution. RESOLUTION NO.99-46 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 3RD DAY OF AUGUST ,1999. SIGNED AND ATTESTED TO THIS 3RD DAY OF AUGUST ,1999. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 7 -21 -99 RICHARD J.STERN City Attorney RESOLUTION NO.99-46 PAGE 2 OF 2 DGKAit.e1-00 DOUGLAS LEMAN Mayor EXHIBIT "A" The following is the legal description of the parcel identified as Pinal County Assessor's Parcel No.102-20-004D,for an area totaling approximately 20 acres: The Northeast quarter of the Southeast quarter of Section 33, Township 1 North,range 8 East,Gila and Salt River Base and Meridian,Pinal County,Arizona. EXCEPT the South 594 feet thereof;and EXCEPT that portion deeded to the State of Arizona which lies Northerly and Easterly of the following described line: BEGINNING at a point on the East line of said Section 33,which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the East quarter corner of said Section 33; THENCE South 89 degrees 54 minutes 00 seconds West 57.01 feet; THENCE North 7 degrees 13 minutes 26 seconds West 346.68 feet; THENCE North 85 degrees 24 minutes 06 seconds East,1103.97 feet (measured)North 85 degrees 23 minutes 15 seconds West 1103.73 feet (record)to the POINT OF ENDING on the North line of said Northeast quarter of the Southeast quarter of Section 33.