HomeMy WebLinkAboutRES 21-25 RESOLUTION NO. 21-25
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE MAYOR TO
EXECUTE THE PROCEDURAL PRE-ANNEXATION AGREEMENT
BETWEEN CITY OF APACHE JUNCTION, ARIZONA STATE LAND
DEPARTMENT AND D. R. HORTON, INC.
WHEREAS, can November 4, 2020, D. R. Horton, Inc.
("Developer") was the successful bidder at a public auction
conducted by the Arizona State Land Department ("ASLD") for
approximately 2, 800 gross acres of real property (the
"Property") located within the roadway alignments of Elliot
Avenue, Idaho Road., Ray Avenue, and Meridian Drive, currently
under unincorporated Pinal County jurisdiction; and
WHEREAS, as the successful bidder, Developer was thereby
entitled to purchase the Property from ASLD with the express
condition that the Developer entitle and develop the Property as
a mixed-use vaster planned community, and
WHEREAS, Developer desires to enter into a Procedural Pre-
Annexation Agreement ("Agreement") with the City, enter into a
development agreement ("DA") with the City, annex the Property
into the City' s municipal limits in accordance with A. R. S. § 9-
471 and with the cooperation of ASLD, process applications in
the City requesting rezoning the Property to master planned
community zoning district, and process applications in the City
requesting the formation of one or more community facilities
districts ("CFDs") ; and
WHEREAS, City is desirous of entering into this Agreement
and annexing the Property in accordance with A. R. S. § 9-471 and
is willing to process Developer' s and ASLD' s request for
annexation and applications for the rezoning and establishment
of one or more CFDs in accordance with applicable law and the
terms and conditions of the DA; and
WHEREAS, the Agreement is authorized under A.R. S. § 9-
500 . 05 to facilitate annexation of the Property for future
development and to provide for a procedure to prevent the
proposed annexation from becoming effective in the event that
any of the following events occur® (1) any person files with
the city clerk a referendum petition with the required number of
signatures pursuant to A. R. S. Title 19 challenging the validity
of the development agreement, the annexation, and/or the
rezoning; (2) the City does not approve the rezoning at the same
RESOLUTION NO. 21-25
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council hearing as adoption of the annexation; (3) the City does
not approve the development agreement concurrently with the
rezoning; or (4 ) the City does not approve the formation of one
or more CFDs concurrently with the rezoning. In furtherance of
the intent of the parties to provide for a procedure to prevent
the annexation from becoming effective in the event that any of
these enumerated conditions occur, the parties agree that for
the purposes of A. R. S . § 9-500 . 05 the "annexation proceedings"
shall be deemed complete and this Agreement shall be operative
immediately upon the adoption of the annexation ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, that ®
The mayor is authorized to execute the procedural pre-
annexation agreement between the City of Apache Junction,
Arizona State Land Department and D. R. Horton, Inc.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS _LIS DAY OF 2021 .
SIGNED AND ATTESTED TO THIS _AC DAY OF _3jLn , 2021 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
4 xd �Ot�
NtNLIFE PENA
City Clerk
APPROVED AS TO FORM:
e4
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-25
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