HomeMy WebLinkAboutRES 04-27RESOLUTION NO. 04-27
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 OWNED BY COCHRANE INSURANCE
TRUST, K -GROUP DEVELOPMENT AND COWLEY HOLDINGS, INC.
WHEREAS, the City of Apache Junction (the "City") formed the
Superstition Mountains Community Facilities District No. 1 (the
"District") pursuant to Arizona Revised Statutes Annotated
("A.R.S.") Section 48-701, et seq.for the purpose of
constructing sewer infrastructure and providing sewer service;
and
WHEREAS, pursuant to A.R.S. Section 48-714(B), 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 owner of the property, K -Group Development,
L.L.C., desires to build a residential subdivision of
approximately 361 units which needs sewer service; and
WHEREAS, the owner of the property, Cowley Holdings, has
developed a Burger King and convenience market with fuel
dispensing and needs sewer service; and
WHEREAS, the owners of property Cochrane Insurance Trust and
Keith and Margie Pilger, desires to develop such property and
also needs sewer service for such development; and
WHEREAS, such property owners have recently signed an
annexation petition to enable the City services; and
WHEREAS, the properties are described and depicted in
Exhibit "A"; and
RESOLUTION NO. 04-27
PAGE 1 OF 2
AN -I-04
EXHIBIT A
Legal Description:
The East half of the Northwest quarter of Section 34; AND the Southwest quarter
of the Northwest quarter of Section 34; AND the East 50' of the Southeast
quarter of the Northeast quarter of Section 33; AND the South half of the
Southwest quarter of the Northeast quarter of Section 34, Township 1 North,
Range 8 East of the Gila & Salt River Base and Meridian, Pinal County, Arizona.
AREA 70 BE
A/44EXE',BYrrYAMCKE
OUNcTioN7Az
o -r 713 scAk_E
CITY LIMITS • • • •di •.
.(NUMBERS INDICATE PARCEL NUMBERS ON PINA- CO.ASSeSSOR .MAPS 103-22 AND 103-23)
WHEREAS, the City desires to permit the District to serve
the properties since the owners have signed annexation petitions
and signed preannexation development agreements, recorded under
Pinal County Recorder's Office Fee Nos. 2004-042596 (Cowley) and
2004-081974 (K -Group).
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Apache Junction, Arizona, as follows:
1.The City of Apache Junction grants its consent to the
Superstition Mountains Community Facilities District No. 1
to extend service to the properties described and depicted
in Exhibit "A% provided that the District complies with all
applicable laws and receives all necessary approvals prior
to such extension of service.
2.The effective date of this Resolution is thirty (30)
calendar days after it is passed and adopted by the Mayor
and City Council.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 1ST DAY OF FEBRUARY
2005.
SIGNED AND ATTESTED TO THIS 1ST DAY OF FEBRUARY
2005.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
•-%0 1-2c 0 5
RICHARD J. STERN
City Attorney
RESOLUTION NO. 04-27
PAGE 2 OF 2
DOUGLAS CTEMAN
Mayor