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HomeMy WebLinkAboutOrdinance 2010.04 Oshrin Park Lots 3-9 annexationF. ANN RODRIGUEZ, RECORDER DOCKET: 13735 RECORDED BY: JSH PAGE: 59 ' DEPUTY RECORDER yoePl~9 NO. OF PAGES: 12 0497 PE-1 ~~ ~~'p SEQUENCE: 20100190018 SMARA TOWN OF MARANA wR 9 ~z x~~~i°'~ ORDIN 01/29/2010 08:47 ATTN: TOWN CLERK '9RIZ0~¢' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 11.50 MARANA ORDINANCE N0.2010.04 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MARANA THAT TERRITORY KNOWN AS THE OSHRIN PARK LOTS 3-9 ANNEXATION BEING AN AREA CONTAINING APPROXIMATELY 7.3 ACRES OF LAND GENERALLY LOCATED SOUTH OF CORTARO FARMS ROAD AND EAST OF CERIUS STRAVENUE INCLUDING THE ADJACENT RIGHT-OF-WAY SPANISH BAYONET DRIVE 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 7.3 acres generally located south of Cortaro Farms Road and east of Cerius Stravenue, described and illustrated in Exhibits "A" and "B", attached to and incorporated in this Ordinance by this reference; and WHEREAS, the Oshrin Park Lots 3-9 annexation is an area within Sections 25 and 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 M WHEREAS, the zoning classifications on the property prior to annexation were "Pima ~~~ County Zone SH" (Suburban Homestead); and WHEREAS, in order to establish original Town of Marana zoning without permitting K! 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 Marana Ordinance 2010.04 {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 Oshrin Park Lots 3-9 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" describing and illustrating 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 is hereby changed to "Town of MaranaZone R-36" (Single Family Residential). PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19~' day of January, 2010. Mayor d Honea ATTEST ~~ ocelyn C ronson, own Clerk Marana Ordinance 2010.04 {00017600.DOC /} --Page 2 of 2-- APPROVED AS TO FORM: EXHIBIT A w DUNCAN & ASSOCIATES Hubert A Duncan, PE, RLS Legal Description ENGINEERS CONSULTAM' SURVEYORS All that certain parcels described as Lots 3 thru 9 of OSHRIN PARK, lots 1 through 30, a subdivision as recorded in Book 25, Page 67 in Pima County, Arizona records, and more particularly described as follows by metes and bounds; Lots 3-9 and a portion of Spanish Bayonet Drive right of way to the extent of Lot 8 Beginning at the interior quarter corner of Section 26, Township 12 South, Range 12 East, Gila and Salt River Base Meridian, Pima County, Arizona, being a found aluminum cap stamped " PE 7076 1/4 "also being on the centerline of Cortaro Farms Road, thence N 89° 18' 12" E, along the said centerline a distance of 1796.13 feet to a point; Thence S 0°41'48" E, a distance of 75.00 feet to the Southerly Right of Way of Cortaro Farms Road, and also being the Northwest Corner of Lot 3; Thence N 89° 18' 12" E, along said Southerly right of way, a distance of 822.61 feet to a point on a line parallel to the said centerline of Cortaro Farms Road at it's intersection with the East Section Line of said Section 26; Thence N 89°39'28" E, along the Southerly right of way of said Cortaro Farms Road and also parallel to the mid section line of Section 25, a distance of 677.55 feet to the Northeast Corner of Lot 9; Thence S 38°44'11" E, a distance of 198.21 feet to a point; Thence S 89° 18' 12" W, a distance of 368.12 feet to the Southwest Corner of Lot 9, being on the east right of way of Spanish Bayonet Drive; Thence S 0°41'48" E, along said east right of way, a distance of 58.94 feet to a point; Thence S 89° 18' 12" W, a distance of 50.00 feet to a point on the west right of way of said Spanish Bayonet Drive, being the Southeast Corner of Lot 8; 7852 N. Roundstone Dries Tucson, Arizona 85741 520 744-1379 page 2 Thence S 89°45'00" W, a distance of 202.65 feet to the corner common to Lots 8 and 7; Thence S 89° 18' 12" W, a distance of 1001.25 feet to the Southwest Corner of said Lot 3; Thence N 0°41'48" W, along the West Line of Lot 3 to said Northwest Corner of Lot 3. S ~xp%~^~s 9-30-,~or~ m m .T. W w u m a ~ ZO W ~ N ~ Q ~YO ~d v ° m io ~ N~ OY °,n ° ~ O U3UZ U N VQIhd ~ O ~ ~ N O g W M ,84,14A0 N rnst ~ m .105LZ y~,-~~ 'vim: . ~ ~' ~ z ~~~ sir ...__. vmi ~. __._.._ „~ z °o J Q N ~ = g N 0 w M o0 N ,~ N ~ o z a 0 o m ,~ (3. V O NO ~ ~ W ~ N r m v II O ODZtnz t y ~ Q ~ ~ / ~ o o . ~-, N ~ ~ N~ a Q ~ Z N O N tV U ~ Y ~ fit Z W '~ ... O N Z Q N ~ Y U ~ ~ O o a N ~ _ a N p, Od G d ~ ILI J ~ ~ Q N O ~ Z ~- O ~ c v - ° ~ O y W F- ° ~ ~ Q-1 O ?~ ~ 0 .. m a u ° ° o o 1 c' ~ ~ I w ~ ~ $ S N ''~ N. o Y ~ ~~ g m . , . N 1 N fA O z w 7^ z I N u ~ l ,45'9lt .59'LIZ j No ~ N m M ,00,5tA0 N w 3 .84,L4A0 S ~ ~ ~ z 7 m h e y uo N ~ `v ~O O V ^ $8 ~ $ S N ~ ~ z N,59'L It ,59'LIZ W E"" ~ > 3 ,B4,t4A0 S 3 ,94,I4A0 S rn o~ r pg ~ ~` N ~ o ~ N O ~ ~ c ~ ~ ~ O ~ M S 'a ~" m g N ~ Qi > y N c o I x z ,59'LIZ ,S9'L lZ ~ M °~ > ~ ~ I ~ ti o Jm ti 3 ,84,IbA0 S a~ w 3 ,B4,l4.OD S 1 m ¢_ t O m N n ~ ,p .n ft t~ ~ N u7 ._ Y ' m n en N c d. N M ~ cD !r Q, ~ C ~O c N '~ Z N ~ n ~ 6 _ 8 ~ .: = N N $ H N O Ly.) C V W N ~ . r ,S9'LIZ ,S9'LlZ W O d F-i ~ ~ 1 ~ I `~ g 3 ,94,14A0 S w 3 ,84,44A0 S N~ Y 0'_ (-] ~ . ~ ~ aY ~ ;f, ~ '~,, -- ,~ an a N ~ ~ ~ ~$ °° 8 R z N ~ ~ c ilo W g ~ ,S9'LIL z ,59'LlZ O m 3 I O ~ 3 ,86,14A0 S w ~ 3 .B4,lbA0 S p - m a ~ M $y N ~ c N = W Z~ Z N ~ ~ ~8 m O N ~a ~ ~ ~ ~ 5s'ut ,SS•ut i O ~ ~ ~ 3 ,84,14A0 S w 3 ,84,14.00 S ~ ¢Y ~ O I~ ~ N N ~ 00 ~ ~ ~ .- N x~. . NMI w ryN.-M Om ~ < ~ O N N J M~p'IMM ~ O 2 5 j g "4' 4~ W _~ i gggg ~" N o rn ~ •- ~ i o g g ~3 NNrrv ~ a ~ o N ~ m a e N ^ ro . i~ ,6S'Z6l ,lCZ6t p 3nN3nvau srna3a ~ FI, W ~ 8 ~ Y ~ oa W ° oo ,Of'Sf43,f 1,£fAOSN ~ gm Rio mmm° ~ N d ~~ m ~ ! Y m mN 1 W~ UUU~ Z ~ ° 9Z 30dd 'LZ N008 I , m (£ l l - ~ ~ slog) Havd lvlaso CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010.Q~ STEPHEN A. THOMPSON AND CINDY D. THOMPSON, husband and wife, on their own behalf and as trustees of the THOMPSON STEPHEN AND CINDY LIVING TRUST, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010. (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 3 of Oshrin Park, Pima County Assessor's parcel number 221- 18-0280. The Property is the subject of Town of Marana annexation case ANX-0908-001, 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 be bound by it. Dated this ~ day of December, 2009. Stephen A. Thompson, as tru tee and in his own right BY: ~ nom- ~ Cindy D. T pson, as trustee a din her own right ~ Notary P~ ob~a a o na STATE OF ARIZONA ) Pima County ~. SS. Patti J Cutter ~~;~ County of Pima ) My Commission Expires ' ~" 08l l l2 1~~~; ~: The foregoing instrument was acknowledged before me on December ~, 2009 by Stephen A. ~~ Thompson and Cindy D. Thompson, husband and wife, and as trustees of the THOMPSON STEPHEN AND CINDY LIVING TRUST. "' My commission expires: ~ ~-- ~i~~~~.~lr~~ tart' Public - 1 - 11/23/2009 2:34 PM BDV Oshrin Park, Lots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010.~ PAUL D. CUTLER and PATTI CUTLER, husband and wife, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010. (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 4 of Oshrin Park, Pima County Assessor's parcel number 221-18-0290. The Property is the subject of Town of Marana annexation case ANX-0908-001, 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 be bound by it. this L day of December, 2009. BY: au D. Cutler ~~ BY::~''~ Patti Cut er STATE OF ARIZONA ) SS. „~ County of Pima ) ~~~° :;i The foregoing instrument was acknowledged before me on December ~ S~ , 2009 by Paul D. ~'' Cutler and Patti Cutler, husband and wife. 1 ~~ My commission expires: ~r,~ •~ ;~,i \~~~ 1J , ~ 0 1 a Notary Public ~al MONA~A M. ~pEg~HNICK NOTARY PUBLIC • ARIZONA ~ P~~ion 6~~ _tuN 10, 8012 ~~~~°""""°°~~- - 1 - 11/23/2009 2:34 PM BDV Oshrin Park Lots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010.~ FREDERICK V. GLANDON AND SHARON GLANDON, husband and wife, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010. (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 5 of Oshrin Park, Pima County Assessor's parcel number 221- 18-0300. The Property is the subject of Town of Marana annexation case ANX-0908-001, 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 be bound by it. Dated this' ~ day of December, 2009. Frederick V. Glandon 7 Sharon Glandon Notary Public State of Arizona Pima County STATE OF ARIZONA Patti J Cutler ) SS. My Commission Expires County of Pima ) os~ ti 2 ~ The foregoing instrument was acknowledged before me on December ~, 2009 by Frederick V. Glandon and Sharon Glandon, husband and wife. My commission expires: ~ :3%/~~~~i~ Notary Public - 1 - 11/23/2009 2:34 PM BDV Oshrin Park, Lots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010.~ GLENN DEAN, a single man, the owner of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010. (the "Annexation Ordinance") and incorporated by this reference in this instrument, owns that portion described as Lot 6 of Oshrin Park, Pima County Assessor's parcel number 221-18-0310. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owner hereby agrees and consents 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 owner also consents 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 be bound by it. Dated this ~ < BY: d' Glenn Dean STATE OF NEVADA ) SS. County of Clark ) +w-R>~+~ oRnz RuDpc, state w Nwadc '>AppotMrnenf tro. 03-8/009-1 ~ ~~ May 27, 201 l The foregoing instrument was acknowledged before me on December ~, 2009 by Glenn Dean, a single man. ~~ My commission expires: ~~~ ~ ~~ ~ ~~ S` ~- ~- ©l / Notary Public ~„3~ ji ,i ~?~ ~~, 1 11/23/2009 2:34 PM BDV Oshrin Park Lots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010.0~ JOHN A. LEE AND LINDA E. LEE, husband and wife, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010. (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 7 of Oshrin Park, Pima County Assessor's parcel number 221-18-0320. The Property is the subject of Town of Marana annexation case ANX-0908-001, 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 be bound by it. Dated this?-I day of December, 2009. BY: Lee v BY: 'vim r. ~~ Linda E. Lee STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on December Z~ , 2009 by John A. Lee and Linda E. Lee, husband and wife. My co iss'o~n ~ pires: OFFICIAL SEAL ~E~''o,;, ANDREA E. KIDD a ~ N NOTARY PUBLIC-ARIZONA ~ PIMA COUNTY ~ # My Comm. Exp. Oct. 27, 2013 - 1 - 11/23/2009 2:34 PM BDV Oshrin Park, Lots 3-9 Annexation -Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010.~ JOHN E. CALDWELL AND DEBORAH J. CALDWELL, husband and wife, the owners of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010. (the "Annexation Ordinance") and incorporated by this reference in this instrument, own that portion described as Lot 8 of Oshrin Park, Pima County Assessor's parcel number 221-18-0330. The Property is the subject of Town of Marana annexation case ANX-0908-001, 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 be bound by it. Dated this Z ~ day of December, 2009. By: G ~~1. ~~ John E. Caldwell By: Deborah J. Caldw State of Arkansas) ss. County of Faulkner ) The foregoing instrument was acknowledged before me on December ~ ~ , 2009 by John E. Caldwell and Deborah J. Caldwell, husband and wife. My commission expires: SUSAN COLE Notary Public NOTARY PUBLtC-STATE OF ARKANSAS FAULKNER CdUiVTY My Canmission Expires 5-07-2014 CONSENT TO CONDITIONS OF ANNEXATION AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2010. D~ CALVIN OVERHOLTZ, a single man, the owner of a portion of the land referred to in this instrument as the "Property," which is particularly described and illustrated in Exhibits A and B attached to Marana Ordinance 2010. (the "Annexation Ordinance") and incorporated by this reference in this instrument, owns that portion described as Lot 9 of Oshrin Park, Pima County Assessor's parcel number 221-18-0340. The Property is the subject of Town of Marana annexation case ANX-0908-001, filed on behalf of the owners. The owner hereby agrees and consents 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 owner also consents 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 be bound by it. Dated this /~ day of December, 2009. BY: ~~ ~ ~~ Calvin Overholtz STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on December js" 2009 by Calvin Overholtz, a single man. ,~~~ My commission expires: ~ ~, ~ ~;; !?3f~/~~/,~- otary Public ~s~ ~l i ,~~d ~ Natary Pubic State of Arizona pima County Patti J Cutler my Commission Expires 8! 1 2 1 -1- Oshrin Pazk, Lots 3-9 Annexation -Prop 207 Waiver 11/23/2009 2:34 PM BDV