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HomeMy WebLinkAboutOrdinance 2009.21 Decker Drive and ROW for Camino de Manana, Decker Drive and Lambert Lane annexation`~ F. ANN RODRIGUEZ, RECORDER DOCKET: 13670 RECORDED BY: LLW DEPUTY RECORDER 1956 PE-2 SMARA TOWN OF MARANA M~ °F~I"`9 ~~ I,i, ~Od w llh~~~~z ~'l ~'`~ PAGE: NO. OF PAGES: SEQUENCE : ORDIN 930 4 20092050322 10/23/2009 14:05 ATTN: TOWN CLERK 'gRiZp11Q` 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE N0. 2009.21 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MARANA THAT TERRITORY KNOWN AS THE DECKER DRIVE ANNEXATION BEING AN AREA CONTAINING APPROXIMATELY 47 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF LAMBERT LANE AND BLUE BONNET ROAD ALIGNMENTS INCLUDING THE ADJACENT RIGHTS-OF-WAY FOR CAMINO DE MANANA, DECKER DRIVE AND LAMBERT LANE 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 sr~ 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 47 acres generally located at the northwest corner of Lambert Lane and Blue Bonnet Road alignments, described and illustrated in Exhibits "A" and "B", attached to and incorporated in this Ordinance by this reference; and WHEREAS, the Decker Drive annexation is an area within Section 11, 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 classifications on the property prior to annexation were "Pima County Zone GR-1 (Rural Residential) and SR" (Suburban Ranch); and WHEREAS, 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) and R-144 zone (Single Family Residential) in the Town of Marana's Land Development Code; and Marana Ordinance 2009.21 {00017600.DOC /} --Page 1 of 2-- WHEREAS, the provisions of A.R.S. § 9-471, and amendments thereto, have been fully observed; and 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 Decker Drive annexation, described and illustrated in Exhibits "A" and "B", 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, Exhibits "A" and "B", and 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 Zones GR-1 and SR" (Rural Residential and Suburban Ranch) within the annexed area is hereby changed to "Town of Marana Zones R-36 and R-144" (Single Family Residential). PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20~' day of October, 2009. ATTEST __ ~f - ._. ~i~Jocelyn C. Bronson, Town Clerk Mayor Honea APPROVED AS TO FORM: d~ Cassidy, own Attorney Marana Ordinance 2009.21 {00017600.DOC /} --Page 2 of 2-- 1~~ ~~~" 'fhe sotit~~_east q~.arter of thy; southeast dz~~rt~z-~f ~~cti~~~ 11, Toy-~'nsh~~ 12 Sc~~t1~9 ~~~~~~ I `; Mast, Gila ~~~d Sal lCi~ er `t-leridia~l, aixl ~'i~at portion of the so~~thwc t: yuartier of the sc~ut~~st quaa-ier of said Section 1 Z 1}~~~~ tasterly~ of the e~~istit~~ westerly right-of=way° line of ~`alnino Lae S~•~a~ana as depicted in Rocket 1.347'? at page '~~g and Docket 13=~ ,~ 7 at p~~ge 1 ~6 a~~d l~oeke~ 133~~ at purge 51€x, records ofthe county re€:or-der cif Pi~~aa ~cslznt_y, ~.rizc~zta, a~~d ~~hat portion of ~c~cker ~ri~re per L3oclcet 13 ~?~? at page 777 as rc corded ~~ith the coti~nty recorder of pima C:otant~r, Arizona, and the west 60 feet of the northeast duarter of the southeast quarter of Section 1 ~, "Township 12 South, range 12 >Jast, Gila and Salt Rimer Meridian, per hook 23 at pabe ~0 of Road Ti-laps as recorded wii11 the eoulltti~ recorder ~in~a C'o~~~~ty~, Arizona. See Exhibit i~ attac~zed hereto at~d Tnacie a pr:~~~ hereof. L°reparod for and ol~ the behalf of Pso~nas: ~rlara~~a Project X40. 2f~~1-52 l~so~r~as Project `~io. 7TN,~03?~03 l'airicl~ ~~IcC~arrit~,~ RI~S 49=15 -< o. ~ t n ;~f~~~'- t ~; Pt~~ P,iCK ~`~ ~ P~%1cC-A~R(T`l ~~ 1 q, ~ ~ s. ~~ a ` ~`~P 11~~' ~•~ i ~, ." V j Y J' .f~ ~'dl ~r~/ e r~ 5 ~~~ ^~ [-;: r~>ir'_(~.i_ 7 t,~, 1_n~c~~ Lion ti.axaU>°~~~F=sS l ;rt~scd u~> ~ . I ~- 1~4- - - SEC. 11 60' PER BK. 23, PG. 40 ._~ _~ ..~ 9 r '" rl, 3' %l 21623074A I 1 WESTERLY ROW ~ DECKER DR. PER DK. 13522, PG. 722 I WESTERLY ROW CAMINO DE MAN ANA PER DK. 13422, PG. 228 DK. 13477, PG. 186 ~ I DK. 13396, PG. 516, \ I 11 14 216230720 PROPOSED ANNEXATION ~I I ~, EXHIBIT "B" N PROPOSED ANNEXATION SCALE: 1 " = 500' THE SE 4 OF THE SE 4 & P S O M A S A PORTION OF THE NE ~& sao[.ra~,,.rto~e.s~x~iaiu~nu esn9 A PORTION OF THE SW ~ OF THE SE 4 OF iei tszol~a~'~ ~~(eoo~ai-sees SECTION 11, T 12 S, R 12 E ""~'~'~'"°`~" GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA Maror.a Project No. 2001-52 Psamas Project. No. 7?iv1A037403 DATE: JULY 2009 + DRAWN BY: SM Page z of z ~_ ~~~~~~ O 7 ~~~0 ;~ F. ANN RODRIGUEZ, RECORDER DOCKET: 13670 RECORDED BY: LLW DEPUTY RECORDER 1956 PE-2 SMARA TOWN OF MARANA M~ ti°~ ~I "~9 r~~ i~,l~ ~Od W ~ y ~`t ~'~' PAGE: NO . OF PAGES : SEQUENCE : CONSEN 919 2 20092050318 10/23/2009 14:05 ATTN : TOWN CLERK `4IlIZO~Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009. 2~ GERRY G. AND ELAINE L. CARTER, the owners of a portion of the land referred to in this instrument as the "Property", own that portion described as Assessor's Parcel number 21623074A, and TxE YING FAMILY TRUST, the owner of the remaining portion of the land referred to in this instrument as the "Property" owns the portion described as Assessor's Parcel numbers 216230730 and 216230720, all of which are particularly described in Exhibit B attached to Marana Ordinance No. 2009. ZI (the "Annexation Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana annexation case number ANX0907-001, filed on behalf of the owners. The owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said 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 said Ordinance. 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 c ~a: '~ , , 2009. Gerry G. ,owner BY: (std. ~ t~j~ti~t Elaine L. Carter, owner STATE OF ARIZONA ) County of Pima SS The foregoing instrument was acknowledged before me on ~~,~~ a3 , 2009 by Gerry G. Carter, Owner. My commission expires: !~~ {00016593.DOC /} Annexation Prop 207 Waiver Decker Drive Annexation -_._. _._~_- _...a Notary Public OuFFICIAiL S~E)AL ~~~ ~~O H~I ~' ~. VO N NOTARY PUBLIC-ARfZONA "' ~ ~~° P6MA COUNTY X19' ~ My Comm. Exp. Aprli 25, 2013 2i' STATE OF ARIZONA County of Pima SS The foregoing instrument was acknowledged before me on,~~~~,~ '~~. ~3 , 2009 by Elaine L. Carter, Owner. .._ z_ ..~. c.._.._-- _ _-- .~ _..~,,~--- . .wa _. ~, ._..~> My commission expires: Notary Public ~3 ~~ t~IwF'IICIALa~AL N N07ARY PUR~.lC•ARIZONA ~' ~° PIMA COUNTY '~ l91 # My Comm. Exp. April 25, 2013 ,,F {00016593.DOC /} Annexation Prop 207 Waiver Decker Drive Annexation F. ANN RODRIGUEZ, RECORDER DOCKET: 13670 RECORDED BY: LLW PAGE: 921 DEPUTY RECORDER 1956 PE-2 M oF~I"'~Y ~~~a~,~,~~~ NO. OF PAGES: SEQUENCE: 1 20092050319 SMArZA TOWN OF MARANA ~ ~~I, ~y `t W~ ;`~' CONSEN 10/23/2009 14:05 ATTN : TOWN CLERK `4ItIZO~Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ B.00 CONSENT TO CONDITIONS OF A1'~TION AND WAIVER OF CLAIMS FOR POSSIBLE DINIINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2049. Z I THE YIIVG FAMILY TRUST, the owner of a portion of the land referred to in this instruument as the "Property", owns that portion described as Assessor's Parcel numbers 216230730 and 216230720, and, GERRY G. Arm ELAIrIE L. CARTER the owners of the remaining portion of the land referred to in this instrument as the "Property" own the portion described as Assessor's Parcel number 21623074A, all of which are particularly described in Exhibit B attached to Marana Ordinance No. 2009.21 (the "Annexation Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana annexation case number ANX0907-001, filed on behalf of the owners. The owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said 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 said Ordinance. 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 ~..e,o -/t?tm. ~er'', 2009. BY: _ lr..a 7'c.~ ing ua Lin, rustee STATE OF ARIZONA } County of Pima ss ,,,~ The foregoing instrument was acknowledged before me on ', o~ , 2009 by Ying- ,~ Hua Lin, Trustee of the Ying Family Trust. 1V~y otary Public ~ '~° GREGORY L. WEXLER t Notary Public, State of Arizona Pima County xplres • February 12, 2013 {ooooxxxx.DOC i} Annexation Prop 207 Waiver Decker Drive Annexation