Loading...
HomeMy WebLinkAboutRES 24-34 RESOLUTION NO. 24_34 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARI ONA, CONFIRMING PRIOR APPROVAL OF FIRST AMENDMENT TO AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2, APPROVING THE CORRECTED LEGAL DESCRIPTION OF DISTRICT BOUNDARIES, AND AUTHORISING OTHER ACTIONS IN FURTHERANCE OF THIS RESOLUTION WHETHER HERETOFORE OR HEREAFTER TAKEN NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARI ONA, AS FOLLOWS: SECTION I FINDINGS The mayor and city council hereby : sake the following findings. A. On December 19, 2023, the Superstition Vistas Community Facilities District No, 2 (the "'District") granted a petition requesting the deletion of an area from the boundaries of the District (the "Deleted Area") pursuant to Sections 48-707 . F and 48-714, Arizona Revised Statutes. In connection with the deletion of the Deleted Area, Brookfield Homes Holdings, LLC ("Brookfield") and Brookfield ASLD 8500, LLC ("Brookfield ASLD") requested the execution and delivery of the First Amendment. to Amended. and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement (the "First Amendment to CFD Development Agreement") . B. On December 1 , 2023, the mayor and council of the City, adopted Resolution No. 21-46 which, among other things, approved and authorized the execution and delivery of the First Amendment to CFD Development Agreement. C. The City, District, Brookfield and Brookfield ASLD executed and delivered the First Amendment to CFD Development Agreement, recorded as Fee No. 2024-005632 in the official: records of Pinal County, Arizona . RESOLUTION NO. 24-34 PAGE 1 OF 3 D. Subsequent to the recording of the First Amendment to CFD Development Agreement it was determined by the Pinal County Assessor there were errors in the legal description of the Deleted Area provided by Brookfield, and Brookfield has since corrected the legal description of the boundaries of the District . SECTION II CONFIRMING PRIOR APPROVAL OF FIRST AMENDMENT TO CFD DEVELOPMENT AGREEMENT AND APPROVAL OF CORRECTED LEGAL DESCRIPTION The prior approval of the First Amendment to CFD Development Agreement is hereby confirmed and incorporation of the corrected legal description attached hereto as Exhibit A as if it was originally part of the First Amendment to CFD Development Agreement is approved. SECTION III RATIFICATION AND AUTHORIZATION A. Resolution No. 23-40 and all things done arising therefrom are hereby ratified and confirmed in all other respects. B. All actions of the mayor and council of the City, the manager of the City, the clerk of the City, the finance director of the City, and the City attorney of the City, or the designees of any of them, whether heretofore or hereafter taken, in furtherance of this resolution and pertaining to the approval of the corrected legal description of the District boundaries, are hereby ratified, confirmed, authorized and approved. SECTION IV EFFECT OF RESOLUTION A. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any remaining provisions of this resolution. The mayor and council of the City hereby declares that it would have adopted this resolution and each and every other section, paragraph, clause or provision hereof and authorized the approval of the corrected legal description of the District boundaries and confirmed approval of the First Amendment to CFD Development Agreement pursuant hereto irrespective of the fact that any one or more sections, paragraphs, clauses or provisions may be held to be invalid, illegal or unenforceable. B. All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. RESOLUTION NO. 24-34 PAGE 2 OF 3 S PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 15TH DAY OF OCTOBER, 2024 . SIGNED AND ATTESTED TO THIS /5)411 DAY OF 2024 . WALTER "CHIP" 'WILSON Mayor ATTEST- 'A c� JENN,tFER TPENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 24-34 PAGE 3 OF 3 s EXHIBIT A CFD DESCRIPTION THAT PORTION OF SECTION 17, SECTION 20, THE SOUTH HALF OF SECTION 18 AND THE NORTH HALF OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, FINAL COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN HAND HOLE MARKING THE WEST QUARTER CORNER OF SAID SECTION 20, FROM WHICH A FINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN HAND HOLE MARKING THE NORTHWEST CORNER THEREOF BEARS NORTH 017'35" WEST, A DISTANCE OF 241.12 FEET; THENCE NORTH 0'17'35" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 2641,12 FEET TO SAID NORTHWEST CORNER; THENCE SOUTH 89'46'31" WEST, ALONG THE SOUTH LINE OF SECTION 18, A DISTANCE OF 500.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2500.00 FEET, A CENTRAL ANGLE 0 22'55'06", AND A CHORD THAT BEARS SOUTH 78'18'58" WEST, 993.35 FEET; THENCE ALONG SAID CURVE, A DISTANCE OF 1000.00 FEET; THENCE SOUTH 66'51'2 " WEST, A DISTANCE OF 540.51 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 3000,00 FEET, A CENTRAL ANGLE OF 30'3958", AND A CHORD THAT BEARS SOUTH 8 .11'24" WEST, 1586.58 FEET; THENCE ALONG SAID CURVE, A DISTANCE OF 1605.68 FEET; THENCE NORTH 82'28'36" WEST, A DISTANCE OF 583.29 FEET, THENCE NORTH 53'29'13" EAST, A DISTANCE OF 910.07 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 18; THENCE NORTH 5 '29'26" EAST, A DISTANCE OF 4200.33 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH 0`17'10" WEST, ALONG SAID WEST LINE, A DISTANCE OF 155.64 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 17; THENCE NORTH 0'13'51" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION # 17, A DISTANCE OF 2639,88 FEET TO NORTHWEST CORNER THEREOF, THENCE NORTH 89'45'04" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 2642,33 FEET TO THE NORTH QUARTER CORNER THEREOF; THENCE SOUTH 0'16'32" EAST, A DISTANCE OF 84.89 FEET; t THENCE NORTH 53'2753" EAST, A DISTANCE OF 1443,33 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER s 86 OF SAID SECTION 17; RONNiE E. DORS- 1 THENCE NORTH 89'47'06" EAST, ALONG SAID NORTH LINE, fzrao + A DISTANCE OF 1480.06 FEET TO TIME NORTHEAST CORNER 4 ,p �� OF SAID SECTION 17; w SOUTHTHENCE LINE NORTHEA T 7QUARTER, A DISTANCE ALONG OFT T F SAID 2641.26 FEET TO HE UNRISE EAST QUARTER CORNER OF SAID SECTION 17; ICI C I N E E RI N G MESA,AlUZONA eszxo SHEET 1 OF 5 ML 480 760:e600 wwwswv g.wm RESOLUTION NO. 24-34 EXHIBIT A PAGE 1. OF 5 S CFD DESCRIPTION THENCE SOUTH 0'17'38" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 2641.38 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 0'16'25" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 20, A DISTANCE OF 2640.89 FEET TO THE EAST QUARTER CORNER THEREOF; THENCE SOUTH 0'15'30" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 2641.53 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 89'4659'" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2643.37 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 20 THENCE SOUTH 89'48'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, 20, A DISTANCE OF 2643.78 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0'17'01" 'NEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2640.28 FEET TO THE POINT OF BEGINNING'. EXCEPT PARCEL "A" OF THE FINAL PLAT FOR PHASE 5 COMMERCIAL, RECORDED ON FEE NUMBER 2024-061060, PINAL COUNTY RECORDS; EXCEPT PARCEL"A" OF THE FINAL PLAT FOR PHASE 3 COMMERCIAL, RECORDED ON FEE NUMBER 2024-061061, PINAL COUNTY RECORDS; AND EXCEPT PARCEL "11, 12, 13 & 14" OF THE FINAL PLAT FOR BLOSSOM ROCK PHASE 1, RECORDED ON FEE NUMBER 2022-084918,, PINAL COUNTY RECORDS. CONTAINS 571379`10 SQUARE FEET OR 1311.7059"ACRES OF LAND; MORE OR LESS: SEE ATTACHED EXHIBIT `"A'" BY REFERENCE MADE A PART HERETO. '`AND S E e' t 38862 RONNIE E. DORS t25f2Q24 r Y f A IZO A '3" 'res 332 SUNRISE ENGINEERING 2o4i S6UTH VINEYARD,surri goy MESA,ARIZONA 85210 SHEET 2 OF 5 TEL480.768.8600 RESOLUTION NO. 4-34 EXHIBIT A PAGE 2 OF 5 EXHIBIT ,"A> y�iC1� „. NORTHEAST CORNER ,' 't SEC 17 T1 , R8E G&SRM 33-62 j ? E I FOUND IE BRASS CAP FLUSH � P:; STAMPED ""LS 35306" � " NORTHWEST ORNERr a5/zoz+ SEC 17 T1 S, R8E G&SRM NORTHEAST CORNER �.-� FOUND FINAL COUNTY SEC 17 T1S, RSE GSRM - HIGHWAY DEPARTMENT FOUND GLO 1914 BRASS CAP BRASS CAP µ L8 Lll Iff-LOOT AVAVE 11ff T EAST 1 f4 CORNER (ALIGNMENT) i SEC 17 T1S, R8E G&SRM WEST QUARTER CORNER FOUND 2" GLO 1914 SEC 17 T1S, R8E G&SRM P,- BRASS CAP FLUSH FOUND BRASS CAP IN HAND HOLE s SEC 18 T1 S R8E SEC 17 ,T1S R8E SOUTHEAST CORNER G� ' L6 SOUTHWEST CORNER SEC 17 SEC 17 SOUTHEAST CORNER SEC 18 NORTHEAST CORNER NORTHWEST CORNER SEC 20 "2 SEC 20 T1 , R8E G&SRM T1S, R8E G&SRM FOUND PINAL COUNTY PWO FOUND GLO 1914 --BRASS CAP IN NAND HOLE = —BRASS CAP FLUSH L4 Cl L1 WARNER ROAD W LIJ (ALIGNMENT) 2 L3 C2 a r, c`; z EAST 1/4 CORNER s d SEC 20 ' z T1S, R8E G&SRM d FOUND GILD 1914 BRASS CAP FLUSH = SEC 19 'TlS R8E SEC 20 ,T1S R8E POB0 WEST QUARTER CORNNERER z '. SOUTHEAST CORNER SEC 20 T1S, R8E G&SRM t SEC 2O FOUND PINAL COUNTY PWD 2: T1S, R8E G&SRM BRASS CAP IN HAND HOLE FOUND GLO 1914 �. -BRASS CAP FLUSH RAY EN L17 L16 SOUTHWEST CORNER -SOUTH 14 CORNER SEC 20 T1 , R8E G&SRM SEC 20 FOUND PINAL COUNTY HIGHWAY T1 R8E C&SRM DEPARTMENT BRASS CAP IN HAND HOLE FOUND 2 1f2 GLO BRASS CAP Y' I4 .0,50 IE . ENGINEERING NOT TO SCALE 204E SOUTH VINEYARD,SUITE i01 .MESA,ARIZONA OS210 TEL 480.768,8600 :SHEET 3 OF 5_. www.wl*v-m&cm RESOLUTION NO. 24-34 EXHIBIT A PAGE 3 OF 5 s EXHIBIT "A" I _ _ _L8 L11 Et�LIOT AVENtJff (ALIGNMENT) i SEA 18 ,T1 RBE-_...L�__ SEC 17 T15 R8E 1 L4 1 L'I WARNER R4AD LU (ALIGNMENT) 2 L3 Z CD r, w © W aw w SEG 19 T1S R8E Z � SEC 20 T1S RSE f � j 0 co 3 ` C1 RAY AVENUE L17 Li EXCEPTION PARCEL -A", PHASE 5 COMMERCIAL FEE 2024-061060, PCR l ' °a� EXCEPTION 38862 „ ,: RONNIE E. � NOT TO SCALE PARCEL A , PHASE 3 COMMERCIAL DORS FEE 2024-061061, PCR 5/202a; EXCEPTION d SUNRISE ,,. BARGEE 11„ 13 & 14 res k�p�� ENGINEERING BLOSSOM ROCK PHASE 1 FEE 2022-084918, PCR 2045 sours VINEYARD,SUITE 101 MESA,ARIZONA 85210 'SHEET 4 OF 5 TEL 480.768.8600 wwwsunrLggcam- RESOLUTION NO: 4-34 EXHIBIT A PAGE 4 OF 5 EXHIBIT "A" CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD DIST Cl 22'55'06 2500.00 1000,00' S78`18'58"W 993.35' C2 30'39'58" 3000.00 1605.68' S8211'24"W 1586.58' LINE TABLE LINE # DIRECTION LENGTH LEGEND L1 S89`46'31"W 500:00' SUBJECT BOUNDARY PLSS SECTION LINE L2 S66'51'25"W 540,51° PLSS SUB SECTION LINE L3 N82"28'36"W 58329' P L4 N 3'29'13"E 910.07' L5 N53'29'26"E 4200:33' ABBREVIATIONS L6 NO`17'10"W 155.64' APN ASSESSOR PARCEL NUMBER P E EAST L? N013'51"W 2639.88' GLO GENERAL LAND OFFICE G&SRM GILA & SALT RIVER MERIDIAN L8 N89`45'04"E 2642.33' LS LAND SURVEYOR N NORTH r L9 SO'16'32"E 854,89' PCR FINAL COUNTY RECORDS PLSS PUBLIC LAND SURVEY SYSTEM L10 N53`2753"E 144333' POB POINT OF BEGINNING POC POINT OF COMMENCEMENT L11 N89`47'06"E 148006' PWD PUBLIC WORKS DEPARTMENT L12 S0'17'1?'E 264fi:26` R RANGE S SOUTH " T TOWNSHIP °LAND$ 1, L13 S0'1738 E 2641.38' W WEST �' '� ' L14 SO'16'25"E 264089' 38862 a RONNIE E L15 S0'15'30"E 264t53' ctRs t "d L16 S89`46'59"W 2643:37' L17 S89'48'18"W 2643.78' L18 N017'01"W 2640>28' IE ENGINEERIN 2045 SOUTH VINEYARD,:SUM 101 MESA,ARIZONA 85210 TEL 4$0.76�.s500 TEL 5 OF 5 www swlse-ev com RESOLUTION NO. 24-34 EXHIBIT A PAGE 5 OF 5 s CERTIFICATE OF RESOLUTION NO.24-34 I certify that I am the duly appointed,qualified,and acting Deputy City Clerk of the City of Apache Junction, Arizona; that as such, I have in my possession all of the resolutions as adopted by the City Council oche City of Apache Junction, Arizona; and that the attached is a true and correct copy of Resolution No. 24-34 which was presented to and adopted by the City Council on October 12024,as it appears in myy records. Im L7— Evie McKinney Date Deputy City Clerk