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HomeMy WebLinkAboutOrdinance 2009.09 Quik Trip 1456 annexation~~ F. ANN RODRIGUEZ, RECORDER DOCKET: RECORDED BY: MRB PAGE: DEPUTY RECORDER ` ~ 1562 PE-1 °F ~I ti g~ i II ~O~ NO . OF PAGES SEQUENCE SMARA ~ ~ W ~~~ ORDIN TOWN OF MARANA N ATTN: TOWN CLERK '9ItI201`ZQ' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT .PAID MARANA ORDINANCE N0.2009.09 13573 686 20091080256 06/05/2009 13:57 $ 8.50 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MARANA THAT TERRITORY KNOWN AS THE QUIKTRIP 1456 ANNEXATION, BEING AN AREA CONTAINING APPROXIMATELY 2.06 ACRES OF LAND LOCATED SOUTH OF CORTARO FARMS ROAD AND EAST OF CERIUS STRAVENUE WHEREAS, petitions, in writing, accompanied by a map or plot of said real property sought to be annexed have been filed and presented to the Mayor and Council of the Town of Marana, Arizona, signed by the owners of more than fifty percent of the value of the real and personal property and more than fifty percent of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana, and not now embraced within its limits, asking that the property be annexed into the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the annexation petitions and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately 2.06 acres located south of Cortaro Farms Road and east of Cerius Stravenue and described and illustrated on Exhibits "A" and "B", attached hereto; and WHEREAS, the annexation area consists of lots 1 and 2 of the Oshrin Park Subdivision, recorded at Book 25 Page 67; and WHEREAS, the QuikTrip 1456 annexation is an area within Section 26, Township 12 South, Range 12 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona; and WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after the petition was signed by any owner of real and personal property in such territory; and WHEREAS, the zoning classification on the property prior to annexation was "Pima County Zone SH" (Suburban Homestead). In order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County, the properties will translate to the R-36 zone (Single Family Residential) in the Town of Marana's Land Development Code; and WHEREAS, the provisions of A.R.S. § 9-471, and amendments thereto, have been fully observed; and Marana Ordinance 2009.06 Page 1 of 2 WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona that: 1. The territory known as the QuikTrip 1456 annexation is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. 2. A copy of this Ordinance, together with an accurate map of the territory hereby annexed to the Town of Marana, certified by the Mayor of the Town, shall be forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. 3. The zoning classifications of "Pima County Zone SH" (Suburban Homestead) within the annexed area are hereby changed to "Town of Marana Zone R-36" (Single Family Residential). 4. On file in the office of the Town Clerk of the Town of Marana, Arizona, are those certain documents, known as Exhibits A and B, which are recorded and hereby referred to, adopted, and made a part of this Ordinance, describing and illustrating the QuikTrip 1456 Annexation area. PASSED this 2nd day of , ATTEST AND ADOPTED by the Mayor and Council of the To n of Marana, Arizona, ~~ Mayor Ed~Honea Jocel .Bronson, Town Clerk Marana Ordinance 2009.06 Page 2 of 2 APPROVED AS TO FORM: r s CONSENT TO CONDITIONS OF ANNEXATION AND REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NOS. 2009.06 AND 2009. The undersigned (the "Owners") collectively own all of the land referred to in this instrument. as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2009. (the "Annexation Ordinance") and Marana Ordinance 2009.00 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. NORTHWEST PARTNERS, LLC, an Arizona limited liability company, owns that portion of the Property described as Lot 1 of Oshrin Park. JENNY ANN MILLER, an unmarried woman, CHARLES MITCHELL MILLER, a married man acting in his sole and separate right, and CAROL JEAN MILLER, an unmarried woman, collectively own the remainder of the Property, described as Lot 2 of Oshrin Park. The Property is the subject of two pending Town of Marana applications filed on behalf of the owners-annexation case number ANX0808-001 and rezoning case number PCZ- 09005. The Marana Town Council is scheduled on May 21, 2009 to consider the adoption of the Rezoning Ordinance approving rezoning case number PCZ-09005, and is scheduled on June 2, 2009 to consider the adoption of the Annexation Ordinance approving annexation case number ANX0808-001. The Owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance and the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of the Annexation Ordinance and the Rezoning Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Annexation Ordinance and the Rezoning Ordinance. The Owners acknowledge that the Annexation Ordinance and the Rezoning Ordinance may be modified by the Town Council, in its sole discretion, prior to their approval. The Owners agree and understand that their waiver of claims as set forth in this Waiver shall be deemed to extend to cover any amendments to the Annexation Ordinance and the Rezoning Ordinance approved by the Town Council unless, not later than 48 hours following the Town Council's 'hG approval of the respective ordinance, one or more of the Owners notifies the Town Clerk, in writing, of their disagreement with the amendment. If one or more of the Owners timely notifies the Town Clerk of such disagreement, the Owners shall not be deemed to have waived claims with respect only to the amendments; provided, however, that the Town may then rescind both the Annexation Ordinance and the Rezoning Ordinance Rezoning, and if so rescinded, this µ ~~ Waiver shall act as a bar to a claim for diminished value based upon rescission of the Annexation Ordinance and the Rezoning Ordinance. This instrument shall not be effective and shall be of no further force and effect if the Town Council disapproves either the Annexation Ordinance or the Rezoning Ordinance. {00014684.DOC /} - 1 - 5/12/2009 3:32 PM FJC QuikTrip Annexation & Rezoning Prop 207 Waiver The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this ~ day of May, 2009. NORTHWEST PARTNERS, LLC, an Arizona ~~ ~- ~ r t ~ limited liability company,. nny Ann Miller BY: Leslie Gifford, Managing M er C arles Mitchell Miller arol Jean Miller STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on May ~ (, 2009 by Leslie Gifford, the Managing Member of NORTHWEST PARTNERS, LLC, an Arizona limited liability company, on behalf of the LLC. Y L~.,' My commission expires: .,. ~~~ ~~ .:< ~~g °~~ `E ~ ~YlPUauc Notary Public ~r---, ~ STA," E OF ARIZONA '~ Go:anfy of Pima STATE OF ARIZONA ) S7~AK! A f~,~1. MITCHELL SS. Mw Commission Fx~!~s 2009 County of Pima ) =~ ` '~'--~=~ `'~'' The foregoing instrument was acknowledged before me on Mayes, 2009 by Jenny Ann Miller, an unmarried woman. M cRo~mission expires: o~cru ~--"' ~CJ~ f r Z~ j ~ ~~i Notar Public STATE OF ARIZONA ) ~Cart~rtEz~pq' ~'~~ SS. County of Pima ) The foregoing instrument was acknowledged before me on May ~ , 2009 by Charles Mitchell Miller, a married man acting in his sole and separate right. My c mmission expires: `~ (~ j ~ ? 4 12- o~cw~ s~ Notary Public CHERYL D. SWANS~V Hora~raueuc_,twzpan STATE OF ARIZONA ) ~~~~! ss. ' • ~'~.oa.t,2012 County of Pima ) The foregoing instrument was acknowledged before me on May ~, 2009 by Carol Jean Miller, an unmarried wom My commission expires: p.~°i~se,,~ (~('~`~- ~ r ZO j ~ , . ~,~SwANSpN N any Public ~y ~° "'mow {00014684.DOC /} ~1. EXpk~ ~- 5/12/2009 3:32 PM FJC OuikTrip ~~ rop 207 Waiver Lestal Description Quiktrip #1456 A portion of land situated in the Southeast quarter of Section 26, Township 12 South, Range 12 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, being more particularly described as follows: Lots 1 and 2 of Oshrin Park, acxording to the Plat recorded in Book 25 of Maps and Plats, Page 67, Records of Pima County, Arizona My modificati~ to or omission tram thin description comPleteN absolves the surveyor from any liability for this description. 07/08/08 Page 1 of 1 O:108019Ueg~s~8018xb01.doc v ' ~.; '' t _ '~ it . . ro __ ~ ~ j > l. ~ Y T ., ~ e -t ~i :. ~ ..y ...... z.. ~ ,. ~ -_ ~ I ~ i ~ i - is ~~ ~ wJ ~ T ~~ ~ r. ~ ~3 ~~ ~'~.: i ~ Fri ' ) P~.,. . .. a __ .. ,......,_ _.. R v ~~rtrt _ ~~ '~3 ~~ ~ ~ v .... .... % ~;< ~E f:^ ~ .. 1~( ~i t ~: ~ "~.. r ~~ 1 ~ ~ ~ Yb.e ~ E~ .., t ,,,~~ ~ pp Y ^ }( i{~~ ~aX-py~x o ~,l Rx~sl:?l-xt~ _. . _ f ~ ~1. .., y R C 'S" ~ e :: ~ __.