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Home My WebLink AboutRES 24-42 RESOLUTION NO. 24-42 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, CONFIRMING PRIOR APPROVAL OF THE 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 AUTHORIZING 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 make the following findings. A. On December 1 , 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 8-707 .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, LL,C ("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 19, 2023, the mayor and; council of the City, adopted. Resolution No. 23-40 which, among other things, approved: and authorized the execution and delivery of the First Amendment to CFD Development Agreement. RESOLUTION NO. 24-4 PAGE 1 OF 4 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. 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 ASLD, and Brookfield ASLD subsequently corrected the legal description of the boundaries of the District and the First Amendment to CFD Development Agreement was re- recorded in October 2024 as Fee No. 2024-082869 in the official records of Pinal County, Arizona, all as approved by Resolution No. 24-34 adopted by the mayor and city council of the City on October 15, 2024 . E. In accordance with an additional request of the Pinal County Assessor in November 2024, Brookfield ASLD made an additional correction to 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, Resolution No. 24-34 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 acting 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. RESOLUTION NO. 24-42 PAGE 2 OF 4 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 C. 24-42 PAGE 3 OF 4 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS ' 7DAY OF DECEMB R, 2024 . SIGNED AND ATTESTED TO THIS DAY OF ' 2024 . WALTER "CHIP" WILSON Mayer ATTEST: ETTE MCKINNEY sting City Clerk APPROVED AS TO FORM, 4 (2 - 12-2-4 RICHARD JOEL STERN City Attorney RESOLUTION NO. 24-4 PAGE 4 OF 4 EXHIBIT A CFD DESC1CIC'TIC'JS THAT PORTION OF SECTION 17 SUCTION, 20 THE SOUTH HALF OF SECTION 18 AND THE NORTH HALF OF SECTION N 79, T'SrMI—II£"~ 1 SOUTH, RANCE 8 EAST OF THE CILA AND SALT RIVE MERIDIAN, PI AL CC=CICITY ARIZONA, ORE FARTIC�JLACsLY DESC1IBEC AS FOLLOWS: S KGIN INN AT A FINAL CCCHTY PUBLIC WCRKS €EPAPPVE T" BRASS C HA NI)IN N;> WU) MARKING THE WEST QUARTER CORNER OF SAID SECTLON 20, FROM WHICH A FINAL 5 DU TY P� BLICw ff)PK SE1-1A M)E T BRASS CAP IN HANG HOLE VARKINC THE NORTHWEST CORNER THEREOF BEARS NORTH 0'11'35* `REST„ A. DISTANCE CF 2641,12 FEET, THENCE NCRTH 0'17'35" WEST, ALDNG THE WEST LINE OF THE ETC THV�EST QUARTER OF SAID SECTION 2C, A DISTANCE CE IF 2SA=. <C FEET TO SAID NORTHWEST C:3RNER THENCE SOUTH 8c 6',31' AIEST, ALONG THE 1SCUTH LINE OF SECTION 'F, A DISTANCE OF 5 C,. C FEET TO PHE BEGINNING OF A ("MJRVE TO THE LEFT HAVING A RADIUS OF 2500,00 FEET, A CENTRAL ANGLE �6 ( OF *2 via, iS". ANveD£.s A a,H)Ea=a THAT BEARS SOUTH 7E•18'58" VEST, 993.35 FEET:.. THENCE ALONG SAID CURVE,, A VISTANCE 00F ',00 CC FEET; THENCE SOUTH 6E'51'25" WEST. .A DISTANCE OF S40,51 FEET TO THE ITECIN IC«C CF A;CE,>SrE TO THE SIGHT HAS'IC C A RADII,S OF '003.001 FEET, A CENTRAL ANCLE OF 30*39: ", AND A CHORD THAT SEARS SOUTH 82'11°2 " WEST, lt86,58 FEET, THENCE ALONG SAID CURVE, A 1;4STANCE OF 1£305,68 FEET; THENCE NORTH 82'28 3 M WEST, A DISTANCE OF 583,29 FEET; THENCE N(,,,TH 53"29'13" EAST, A %%'=ISTANCE CF 91007 FEET. TO A, POINT ON THE SCSJTH LINE OF SAID, SECTION' 11 THENCE NORTH 53'29"26" EAST. A 1.3STANCE OF 4200,33 FEET TO A POINT ON THE 'SET LINE OF THE SCCITH 'EST QUARTER OF �ZCTION "r THENCE NORTH 0'17'10" '4EST, ALONG SAID WEST U E, A DISTANCE CIF '55,64 FEET TO THE WEST CSARTER CORNER OF SAID SECTION 17# THENCE NORTH 0'3 51,' 'WEST, ALONG THE WEST LINE 11F THE CC'.STHWEST CT;ARTEF OF SAllt SECTTCJJT 7 A DISTANCE 3F 2639,88 FEET TO �t 3TH EST C �I�EF THE EtjF THENCE NORTH S 4,°,'04- EAST, ALONG THE %C°?TH LINE OF THE NORTHWEST QUARTER OF SA I""" SECTI N 11, A DISTANCE OF 2642,33 FEET Ti THE NORTH il)A TE^ CC T;E THEI�ECIF; THENCE NORTH 9'47'06' EAST„ ALOING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION I 7y A DISTANCE SF 33,50 FEET; THENCE SCuTH 0'16'32" EAST, A DISTANCE OF 830 JS FEET, THENCE NORTH 53'27'53" EAST, A, NSTAI CE OF 1,431,79 FEET JE E TO A PfANT ON THE NORTH LIE (OF THE 3'0 THEA.ST QUARTER OF SAID SECTION 17; THENCE NORTH S `47`CC"; EAST, ALONG SAID NORTH UN , A O kTAMCE OF 1480,06 FEET TCt THE NCCTHEAST CORNER CF SAID SECTION 17; 10SUNRISE THENCE SOUTH 0*7' C" EAST; ALONG THE EAST UNE OF SAID ENGINEERING NORTHEAST GUAR EK, A IDISTA CE OF 2E 1 2ka FEET TO THE ot EAST OUAICTEIC RN OF SAID SECTION17 �5so a a' say � a . SHEET , OF 5 W j "Ong RESOLUTION NO. 2 4—4 EXHIBIT A PAGE 1 OF 5 CFD DESCRIPTION RIPTION THENCE SOUTH C"7'SS" EAST, ALONG THE EAST LINE CIF THE SO'LliTHEAST WAFTER OF SAID SECTICS 7, A DISTANCE ?F 764' FEET TO THE SOUTHEAST CORNER, THEREOF THENCE SOUTH 0*16'25" EAST, ALONG THE EAST LINE OF THE NORTHEAST OCA TEA OF SECTION 23, , [ASTAI C:E OF 2640.E FEET TO THE EAST QUA47ER CORI ER THEREOF; THENCE SO T'H 0**,5'30" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER Of SAID SECTOR SC, A OISTANKCE OF 2641.53 FEET TO THE SOUTHEAST CORNER EE" OF SAID SECTION 20, THENCE SM1TH ET° S"SO" "=BEST, A.LCISO THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2E43 7 FEET TC THE SCUTH OUARTER COR%V OF SAID SECTION 201, THENCE SOUTH ES' K,}S" 'WIST. ALONG THE SOUTH LINE OF THE SOUTHWEST CUARTER OF SAID SECTION SC, A DISTANCE OF 2643. E FEET TO THE SOUITHWEST CCRNEC THECEC`F; THENCE FORTH 0"17`01" WEST ALO"�O IFE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 264 ,SS FEET TO THE POINT OF BECI 1mlN",,5, EXCEPT PARCEL "A,, OF THE FINAL '�LA.T FOR PHASE C° COWME CIAL RECORDED CIS FEE NUMBER 2024-0610601, SINAL COUNTY EC.CORDS EXCEPT PARCEL "A'" OF THE FKAL PLAT FOR PHASE 3 C:OMMEKIAL, RECORDED ON FEE NUV8El' 024-0610 11, PI AL COUNTY RECORDS A%v' EXCEPT PARCEL , 12, 13 14" OF THE FINAL PLAT FOR BLSSSO BOCK PHASE 1, FECOSI7E" C" FEE C IRE 7027--084918, PIN,41. CCCNTY RECORDS, ("'ONTAIz S 51166135 SO"U"A E FEET OR 1S1,2,353 ACRES OF LAND, MORE OR LEST,, SEE ATTACHED EXHIBIT "A;" BY REFERENCE MADE A, DART HERETO, E OSUNRISE ENGINEERING "oSHEET C Of S YES.4 5,7t „ w v .4, RESOLUTION NO. 24-42 EXHIBIT A PAGE 2 OF 5 EXHIBIT ,.A„ NORTHEAST 'ORNE SEC 17 TIS, 1CS�E%G&SR F"L,"NO 3' BRASS CAP FL,JSH IEE STAMPED 'L.1S 35 0F,". NCIICTH'WEST SOONER SEC 17 TIS, I E 'S SRM NORTHEAST CORNER ° FC,f,N PISAL COUNTY SEC 17 TIS, FSE C SR1y . L HIGHWAY DEPARTMENT FOUND � ° BR G I � ASS CAP LIC CLASS CAP I. C rAll . 1 ,mm I L I 'Witw"LIE T' EAST 1/4 CORNER (ALIGNMENT)MENT") SEC 1; TIS, R E G&SS I 'EST QUARTER CORNER FOUND " C:LO 1914 SEA 17 TIS, RITIC C SW � BASS CAI FLUSH FOUND BRASS CAC IN HAD HOLE ;SEC P TIS RK � SEA, 11� TIS8E SOUTHEAST CORNS` SOUTHWEST Ct�RNEk ;SEC 1,7 `SEC; 17 SOUTHEAST CORNER SEA ',,,8 NORTHEAST CORNER NORTH"REST 0ORNER SEC 20 "` SEC SC TIS, 1 EE G&SRM `' T1 S, *CSE C S IC1 FOUND PIN AL CC�jNTY I14) FOUND CLO Its+ BRASS CAP IN HAND HOLE BRASS CAP FLUSH r I (ALIGNMENT) 2 C EAST ./ CORNER SEC 20 BRASS CAP FLI';H SEC 19 TIS F 0 SEC CG T1 S xC E CH z SOUTHEAST C ORNEC WEST QUARTER CORNER 'SEC IY TIS ICFE G&S;Rm % E �' �aE� �I BRASS CAP ICE HAND HU " PCYUND C.G 1914 BRASS CAC FLU. H SOUTHViEST CORNER SOUTH 1/4 CORNER EC 0 TIS, SE CIS S EC �� FOUND PIN AL COUNTY HIGHWAY T#S, R8E G SRV, CE1'A T E%T BRASS CAP IN HAND HOLE Ft?1.ND 2 112 GLO BASS CAC OSUNRISE ENGINEERING NOT TO SCALE 2045 *t V1 17 101 tC ,7 21 SHEET 3 OF S RESOLUTION NO. 24-42 EXHIBIT A PAGE 3 OF 5 EXHIBIT "A" L �... .. u . .:.. .._ ,. t-8 Ll ELLIOT AVENUE (ALIGNMENT) mm SECSEC 1 T1 S R8E C 1 Tt S E z s 01 ....,.. i d. A_FkKi f'i F""b, Z L (ALIGNMENT)1ENT W SEC9 T1t1 R E Z SEA` 20 TI S 1 E � t w. RAY AVENUE LIF E CE TI PARCEL 'A-, PHASE 5 OtOVERCIA FEE 034—a61061, PCIR EXCEPTIDN T TO SCALE FEE 012 —1161061, s . CEPTICUN OSUNRISE HL S Oki RIDICK PHASE I ENGINEERING FEE 022 4 1 , PCR 2045 "VIN Y o,SUM 101 SHEET 4 OF 5 w. *, RESOLUTION NO. 24-4 EXHIBIT A PAGE 4 OF EXHINT "A" CURVE TABLE CURVE DELTA RANDD LENGTH CHORD BEARING CHORD I T s1 12:_ aE2 . 3' ail"I , ° 2 30*39,158, 3000,0 " 05,68' FE2'11`24"W `SEC 15 ° LINE TABLE LINE 4 DIRECTION LENGTH LEGEND PLSS ISECTION LIFE L13 NE2'2I'36"YV 5831,29 L Lj '2 '13"E 910,C 7 L a L2'2 '2L E 420 ,3s' A8 911EV1 A TICYNS APN ASSESSOR PARCEL NUMBER EAST LI '"S 1" ' 2 9,EE' 1 0 GENERAL LAND OFFICE GIL , & SALT 11I'VE7 MERIDIAN N NORTH LID PL PUBIC LAN: SURVEY SYSTEM 016' 2"E ,;28' 19 POINT OF BEGINNING FOO POINT OF COMMENCEMENT Ll, N,5327'53"'E '14 1,7 ' PAID PUBLIC WORKS DEPARTMENT E RANCE s SOUTH w. E. T s r L14 5011,7' "E 2141. E' I L15 D'lr)'2 "E 2E4 .E ' , L1E SOY! 3()"E 2641. ' t Ll2 OE °46'59`r 2 4 , 7, L, S89'48*18"W 2643,78* OSUNRISE LIBNN 0.. . 1". 4 . ` ENGINEERING 2"' TtL 480,MAMW SHEET 5 2F " w ' RESOLUTION NO. 24-42 EXHIBIT A PAGE 5 OF 5