HomeMy WebLinkAboutRES 21-26 RESOLUTION NO, 21-26
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 AND ARIZONA STATE LANE
DEPARTMENT
WHEREAS, the Arizona State Land Department ("ASLD") owns
approximately 5, 700 gross acres of real property (the
"Property") Located within the roadway alignments of Ironwood.
Drive, Baseline Avenue, Central Arizona Project Canal and. State
Route 24 alignment, mostly under unincorporated Pinal County
jurisdiction; and
WHEREAS, ASLD 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
that has yet to be annexed into the City' s municipal limits in
accordance with A. R. S . § 9-471 and process applications in the
City requesting rezoning the property to master planned
community zoning district; 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 ASLD' s request for annexation and
applications for rezoning 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 1.9 challenging the validity
of the annexation, DA and/or rezoning; (2) the City does not
approve the rezoning at the sane council hearing as adoption of
the annexation; and/or (3) the City does not approve the
development agreement 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®
RESOLUTION NO. 21-26
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYORAND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION A IO A, that ®
The mayor is authorized to execute the procedural pre-
annexation agreement between the City of Apache Junction,
Arizona State Land Department .
SSE® AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY O
AP C E JUNCTION, ARIZONA, T AY OF 2021 .
SIGNED AND ATTESTED TO THIS DAY OF , 2021 .
LT "CHIP" WILSON
Mayor
ATTEST®
CENy Clerk
APPROVED AS TO FORM:
4v-
RICHARD J. STERN
City Attorney
RESOLUTION NO. 1® 6
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