HomeMy WebLinkAboutOrdinance 2010.08 Avra Valley/Kai annexation`~ F. ANN RODRIGUEZ, RECORDER
RECORDED BY: K O
pF PIS
DEPUTY RECORDER ~y ~ q
1861 PE-2 ~~ ~~0~
SMARA w~ '~, ~~z
TOWN OF MARANA x,~ ~rigll ,~
ATTN: TOWN CLERK `9$IZO~A
11555 W CIVIC CENTER DR
MARANA AZ 85653
DOCKET: 13813
PAGE: 763
NO. OF PAGES: 9
SEQUENCE: 20100970304
05/20/2010
ORDIN 15:49
MAIL
AMOUNT PAID $ 10.00
MARANA ORDINANCE N0.2010.08
RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE
TOWN OF MARANA THAT TERRITORY KNOWN AS THE AVRA VALLEY ROAD-KAI
ANNEXATION BEING AN AREA CONTAI NING APPROXIMATELY 1,200 ACRES OF LAND
LOCATED PREDOMINANTLY NORTH OF AVRA VALLEY ROAD, APPROXIMATELY ONE
MILE EAST OF TRICO ROAD AND SOUTHWEST OF SILVERBELL ROAD INCLUDING THE
ADJACENT RIGHTS-OF-WAY OF AVRA VALLEY ROAD
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 1,200 acres generally located predominantly north of Avra
Valley Road,. approximately one-mile east of Trico Road and southwest of Silverbell Road,
described and illustrated in Exhibit "A", attached to and incorporated in this Ordinance by this
reference; and
WHEREAS, the Avra Valley Road-Kai annexation is an area within Sections 7 and 8 of
Township 12 South, Range 11 East and Sections 1, 12 and 13 of Township 12 South, Range 10
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 RH" (Rural Homestead); 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 RD-180 zone (Single Family Residential) in the Town of Marana's Land Development Code; and
Marana Ordinance 2010.08 1 r
- WHEREAS, the provisions of A.R.S. § ~-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 Avra Valley- Road-Kai annexation, described and
illustrated in Exhibit "A", 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, including Exhibit "A" 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 classification of "Pima County Zone RH" (Rural Homestead) within the
annexed area is hereby changed to "Town of Marana Zone RD-180" (Single Family
Residential).
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 18~' day of May, 2010. _
ATTEST
Jocel .Bronson, Town Clerk
Mayor`
Marana Ordinance 2010.08 2
APPROVED AS TO FORM:
CONSENT TO ANNEXATION AND WAIVER OF CLAIMS
FOR POSSIBLE DIMINUTION OF VALUE RESULTING
FROM TOWN OF MARANA ORDINANCE N0.2010..~
H. KAI FAMILY NG1, L.L.C., an Arizona limited liability company (the "Owner"),
owns the land referred to in this instrument as the "Property," which is particularly
described as all except Lot 4 of Section 1, Township 12 South, Range 10 East, Gila and
Salt River Base and Meridian, containing 591.21 acres, more or less, and which is
identified as Pima County Assessor's Parcel No. 208-24-0010. The Property is a portion
of the land proposed to be annexed into the town limits of the Town of Marana by
Marana Ordinance No. 2010.E (the "Annexation Ordinance").
The Owner hereby agrees and consents to the adoption of the Annexation
Ordinance, and waives 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, including without limitation any changes in
permitted or conditional uses resulting from the translation from Pima County zoning to
Marana zoning as set forth in the Annexation Ordinance and any loss of statutory zoning
exemptions or other changes resulting from applying the Arizona municipal zoning
enabling statutes to the Property in place of the Arizona statutes that apply to lands
located in unincorporated areas.
The Owner acknowledges that the Annexation Ordinance may be modified by the
Town Council, at its sole discretion, prior to its adoption. The Owner agrees and
understands that the waiver of rights set forth in this instrument shall be deemed to
extend to cover any modifications or amendments to the Annexation Ordinance as
adopted by the Marana Town Council unless the Owner submits a written objection to the
Town Clerk not later than 5:00 p.m. Mountain Standard Time on the second day
following the Town Council's adoption of the Annexation Ordinance. If the Owner
timely submits a written objection, the Owner shall not be deemed to have waived claims
with respect only to the amendments that are the subject of the objection; provided,
however, that the Town may then rescind the Annexation Ordinance, and if so rescinded, µ
this Waiver shall act as a bar to a claim for diminished value based upon rescission of the i~
Annexation Ordinance.
The Owner consents to the recording of this instrument 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.
- 1 - 4/7/2010 10:46 AM BDV/FC
Avra Valley Road / Kai Annexation -Prop 207 Waiver
This instrument shall be effective when the Marana Town Council adopts the
Annexation Ordinance, and shall be void and of no effect if the Marana Town Council
does not adopt the Annexation Ordinance within the timeframe contemplated by Arizona
Revised Statutes § 9-471.
~~
Dated this '~~ay of , 2010.
H. KAI FAMILY NG1, L.L.C.,
an Arizona limited liability company
~~~~ ~~ ~~
~.
Herbert Kai, Manager
STATE OF ARIZONA )
SS.
County of Pima )
~~
The foregoing instrument was acknowledged before me on 7 , 2010, by
Herbert Kai, Manager of H. KAI FAMILY NGl, L.L.C., an Arizona limited liability
company, on behalf of the L.L.C.
My commission expires:
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- 2 - 4/7/2010 10:46 AM BDV/FC
Avra Valley Road / Kai Annexation -Prop 207 Waiver
CONSENT TO ANNEXATION AND WAIVER OF CLAIMS
FOR POSSIBLE DIMINUTION OF VALUE RESULTING
FROM TOWN OF MARANA ORDINANCE N0.2010.OS
AVRA PLANTATION, INC., an Arizona corporation (the "Owner"), owns the land
referred to in this instrument as the "Property," which is particularly described as the
south half of Section 7, Township 12 South, Range 11 East, Gila and Salt River Base and
Meridian, except any portion thereof lying within Avra Valley Road, El Paso Gas Road,
and except the west 105 feet of the east 445 feet of the north 55 feet of the south 120 feet
of the southeast quarter of the southwest quarter of Section 7, containing 349.31 acres,
more or less, and which is identified as Pima County Assessor's Parcel No. 215-07-002H.
The Property is a portion of the land proposed to be annexed into the town limits of the
Town of Marana by Marana Ordinance No. 2010.p8 (the "Annexation Ordinance").
The Owner hereby agrees and consents to the adoption of the Annexation
Ordinance, and waives 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, including without limitation any changes in
permitted or conditional uses resulting from the translation from Pima County zoning to
Marana zoning as set forth in the Annexation Ordinance and any loss of statutory zoning
exemptions or other changes resulting from applying the Arizona municipal zoning
enabling statutes to the Property in place. of the Arizona statutes that apply to lands
located in unincorporated areas.
The Owner acknowledges that the Annexation Ordinance may be modified by the
Town Council, at its sole discretion, prior to its adoption. The Owner agrees and
understands that the waiver of rights set forth in this instrument shall be deemed to
extend to cover any modifications or amendments to the Annexation Ordinance as
adopted by the Marana Town Council unless the Owner submits a written objection to the
Town Clerk not later than 5:00 p.m. Mountain Standard Time on the second day
following the Town Council's adoption of the Annexation Ordinance. If the Owner
timely submits a written objection, the Owner shall not be deemed to have waived claims
with respect only to the amendments that are the subject of the objection; provided,
however, that the Town may then rescind the Annexation Ordinance, and if so rescinded,
this Waiver shall act as a bar to a claim for diminished value based upon rescission of the
Annexation Ordinance. "~
{00020408.DOC /} - 1 - 4/8/2010 2:46 PM BDV/FC
Avra Valley Road / Kai Annexation -Prop 207 Waiver
The Owner consents to the recording of this instrument 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 instrument shall be effective when the Marana Town Council adopts the
Annexation Ordinance, and shall be void and of no effect if the Marana Town. Council
does not adopt the Annexation Ordinance within the timeframe contemplated by Arizona
Revised Statutes § 9-471.
~. ~Vlti
Dated this 7 day of , 2010.
AVRA PLANTATION, INC.,
an Arizona corporation
B ,t~~
Herbert Kai, ~, President
STATE OF ARIZONA )
SS.
County of Pima )
~a
The foregoing instrument was acknowledged before me on ~, 2010, by
Herbert Kai, President of AvRA PLANTATION, INC., an Arizona corporation, on behalf of
the corporation.
My commission expires:
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{00020408.DOC /} - 2. - 4/8/2010 2:46 PM BDV/FC
Avra Valley Road / Kai Annexation -Prop 207 Waiver
t
PRfJPQSED ANNEXATION TC3 THE TOWN t)F MARANA
All that certain real property situate in the County of Pima, State of Arizona, located in
Sections 7 and 18 of Township 12 South, Range 11 East, and Sections 1, 12 and 13 of
Township 12 South, Range 10 East Gila and Salt River Meridian;
Exhibit 1
Annexation to the
To ':nof':'arana
i~ u i
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
w!
Beginning at the northeast comer of the south half of said Section 7, marked by 2-inch diameter open pipe;
Thence from said POINT OF BEGINNING, southerly along the east line of the south half of said Section 7, ¢
S 00° 24' 25" E, 2644.78 feet to the southeast corner thereof;
Thence leaving said southeast corner, southerly along the east line of the northeast quarter of said Section 18, ~M°
S 00° 35' 13" E, 40.00 feet to a point on the south right-of-way line of AVRA VALLEY ROAD, described ~~
in Book 6 of Road Maps at Page 53 thereof, records of said Pima County, marked by an aluminum capped
rebar bearing registration number RCS 26932;
Page 1 of 3
March 9, 2010
Exhibit A (continued}
Thence leaving said east line, westerly along the south right-of-way line of said AVRA VALLEY ROAD,
S 89° 24' 03" W, 3966.14 feet to the northeast comer of the widening of said right-of--way, described in
Docket 5517 at Page 1036 thereof, records of said Pima County, on the east line of Govemment Lot 1,
marked by an aluminum capped rebar bearing registration numberRLS 26932;
Thence leaving said northeast comer, southerly along the east line of said Lot 1, S 00° 37' 39" E; 25.00 feet to the
southeast comer of said recorded widening, marked by an aluminum capped rebar bearing registration
number RLS 26932;
Vence leaving said southeast comer, westerly along the south line of said recorded widening, S 89° 24' 24" W,
1427.41 feet to a point of curve, marked by an aluminum capped rebar bearing registration number
RLS 26932;.
Thence leaving said point of curve, westerly along the arc of a tangent curve to the left, having. a radius of 1367.276
feet and a central angle of 19° 39' S3", 469.27 feet to the southwest comer of said recorded widening on the
west line of said Lot 1, marked by arr aluminum capped rebar bearing. registration number RLS 26932;
Thence leaving southwest corner, southerly along the west line of said Lot 1, common with the east line of the
southeast quarter of said Section 1 Z, S 04° 27' 04° E, 463..50 feet to the southeast comer thereof, marked by
an a 3-inch diameter capped pipe;
Thence leaving the southeast cornet of said Section 12, westerly along the south line of the southeast quarter
thereof, S 89° 22' S1" W, 836.16 €eet to a point on the south right-of-way line of said AVRA VALLEY ROAD,
marked by an aluminum capped rebar bearing registration number RLS 26932;
Thence leaving said south line, westerly along the south right-of-way line of said AVRA VALLEY ROAD on the arc
of anon-tangent curve to the right, from which said point, the radius point thereof bears northwesterly,
N 19° 35 33" W, 147228 feet distant, through a central angle of 18° 58' 22", 487.52 feet to a point of
tangency, marked by an aluminum capped rebar bearing. registration number RLS 26932;
Thence leaving said point of tangency, westerly along the south line of said AVRA VALLEY ROAD,
S 89° 22' S1" W 674 90 feet to a point thereon, marked by an aluminum capped rebar bearing
registration number RLS 26932;
Thence leaving said south right-of-way.. line, northerly and perpendicular, N 00° 37' 09" W, 8(}.QO feet to a point on the
north eight-of-way line of said AVRA VALLEY ROAD, marked by a #4 rebar with registration tag RLS 31025;
Thence leaving said north right-of-way line, northerly, N 00° 22' 46" W, 5279.23 feet to point on the south line of said
Section 1, marked by an aluminum capped rebar bearing registration number RLS 26932;
Thence westerly along the south line of said Section 1, S 89° 24' 30" , 3225.79 feet to the southwest comer 't
thereof, marked by an aluminum capped rebar bearing registration number RLS 26932; •~
,,:~
Thence leaving said southwest corner, northerly along the west line of the southwest quarter of said Section 1, ~u`~
N 00° 23' S4" W, 2640.71 feet to the northwest corner thereof (west quarter comer), marked by a General ;~1
Land Office brass capped pipe; ,~
Th<~~c~ leaving said west quarter corner, northerly along the west line of the northwest quarter of said Section 1,
N 00° 31' 26" W, 1319.30 feet to the southwest corner of Government Lot 4, marked by an aluminum capped
rebar bearing registration number RLS 7599;
Page 2 of 3
March 9, 2010
Exhibit A (continued)
Thence leaving said southwest corner, easterly along the south line of said Government Lot 1, N 89° 24' S2" E
1317.91 feet to the southeast comer thereof, marked by an aluminum capped rebar bearing registration
number RLS 26932;
Thence leaving said southeast corner, northerly along the east line of said Government Lot 1, N 00° 28' 52" W;
1227,78 feet to the northeast corner thereof, marked by an aluminum capped rebar bearing registration
number RLS 26932;
Thence leaving said northeast comer, easterly along the north line of said Section 1, N 89° 33' 12" E, 3956.49 feet
to the northeast comer thereof, marked by a General Land Office brass capped pipe;
Thence leaving said northeast comer, southerly along the east line of said Section 1, S 00° 21' 07" E, 5177.66 feet
to the southeast corner thereof on the west line of Government Lot 1 of said Section 7, marked by an
aluminum capped rebar bearing registration number RLS 29873;
Thence leaving said southeast corner, southerly along the east line of the northeast quarter of said Section. l2,
common with the west line of said Lot 1 and Government Lot 2 of said Section 7, S 00° 18' 26" E,
2025.92 feet to' the southwest comer of said Lot 2 (west quarter comer of said Section 7), marked by an
aluminum capped rebar bearing registration number RLS 26932;.
Thence leaving said west quarter corner, easterly along the north line of the south half of said Section 7,
N 89° 23' 47° E, 5853.77 feet to the POINT OF BEGINNING of Exhibit A herein described;
Containing 1,200.82 ACRES of land (more or less)
~ Subject to and together with all matters of public record
Basis of Bearings and distances:
The bearings shown on this description
are based on Geodetic North using data
provided by the National Geodetic
Survey at stations: AF14, Center, and
NN86. Datum: NAD 83. Resulting
measured scale factor: 0.99994523
ROBIf~I E.
SETTLEMEYER
9
Page: 3 of 3
Date: March 9, 2010
Project: 4309 HE-1
The calls and resultant acreage shown
on this description are based on the
Arizona. State Plane coordinate system,
central zone; measured on grid
Expires: March 31.2011
SETTLEMEYER LL,C
P.O. Box 12612 -Tucson, AZ 85732
Phone (520) 512-0666
Fax (520) 512-1666
surveys ~settlemeyer.tuccoxrnaii.com