HomeMy WebLinkAboutResolution 95-006 intent to form the red hawk canyon community facilities district no 2
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RESOLUTION NO. 95-06
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
MARANA, ARIZONA, DECLARING INTENT TO FORM A COMMUNITY FACILITIES
DISTRICT AND ORDERING AND DECLARING FORMATION OF THE TAX LEVYING
RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO.2.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, as follows:
1. Findings of the Municipality. The mayor and council hereby make the
following findings:
(a) Prior to the adoption hereof, there was presented to us, the Mayor
and Council of the Town of Marana, Arizona (hereinafter referred to as the "Municipality"), a
petition for formation of a community facilities district and adoption of a resolution declaring
formation of the Red Hawk Canyon Community Facilities District No. 2 (Town of Marana,
Arizona), submitted and effective December 19, 1994 (hereinafter referred to as the "Petition"),
signed by the entities which, on the date of the Petition and on the date hereof, are the owners
of all real property as shown on the assessment roll for State and County taxes for Pima County,
Arizona, or, if such persons shown on such assessment roll are no longer the owners of land in
the District, are the entities which are the successor owners which have become known and have
been verified by recorded deed or similar evidence of transfer of ownership to be the owners
of such real property (hereinafter such owners are collectively referred to as the "Petitioner")
described in the Petition by metes and bounds to be in the community facilities district, the
formation of which is requested by the Petitioner in the Petition, pursuant to Title 48, Chapter 4,
Article 6, Arizona Revised Statutes, as amended (hereinafter referred to as the "Act"). The
proposed district shall be referred to herein as "District No.2".
(b) The Petitioner has represented, attested and declared the following:
1.
The name of District No. 2 is requested pursuant to the Petition to be "Red Hawk
Canyon Community Facilities District No.2 (Town of Marana, Arizona)",
11.
District No. 2 is to be formed, and shall exist, pursuant to the terms and
provisions of the Act,
m.
District No.2 is to contain an area of approximately 2600.1 acres of land, more
c or less, wholly within the corporate boundaries of the Municipality, and is to be composed of
the land described by metes and bounds as provided in Exhibit A hereto, which is made a part
hereof for all purposes (hereinafter referred to as the "Property"),
N.
District No. 2 is to be a special purpose district for purposes of Article IX,
Section 19, Constitution of Arizona, a tax levying public improvement district for the purposes
of Article xm, Section 7, Constitution of Arizona, and a municipal corporation for all purposes
of Title 35, Chapter 3, Articles 3,3.1,3.2,4 and 5, Arizona Revised Statutes, as amended; is,
except as otherwise provided in the Act, to be considered a municipal corporation and political
subdivision of the State of Arizona separate and apart from the Municipality; and is to be formed
for, and to have, all the purposes and powers of a "district" as such term is defined, and as
provided, in the Act,
V.
A "General Plan for the Proposed Red Hawk Canyon Community Facilities
District No.2 (Town of Marana, Arizona)" for the District has been fIled with the Clerk of the
Municipality setting out a general description of the improvements for which District No. 2 is
proposed to be formed and the general areas to be improved and benefitted (hereinafter referred
to as the "General Plan," and
VI.
Public convenience and necessity require the adoption of this Resolution.
(c) The Petitioner further represented, attested and declared that on the
date hereof, as shown on the assessment roll for State and county taxes in Pima County,
Arizona, all of the land to be in District No. 2 is owned by the Petitioner or, if a person listed
on such assessment roll is no longer the owner of the land in District No.2, that the name of
the successor owner has become known and verified by recorded deed or similar evidence of
transfer of ownership to the Petitioner and that the land to be included in District No. 2 shall
be benefited from the improvements for which District No. 2 is proposed to be formed and that
there are no resident electors on the land to be in District No.2.
(d) After representing, attesting and declaring the preceding, the
Petitioner requested that the Petition be properly filed as provided by law and that, as the
Petition is signed by the owners of all the land to be in District No.2, any requirements of
posting, publication, mailing, notice, hearing and landowner election otherwise required by the
Act in connection with the adoption of this Resolution are waived, the Municipality, on receipt
of the Petition, declare District No. 2 formed without being required to comply with such
provisions for posting, publication, mailing, notice, hearing or landowner election.
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2. Matters Noticed. Acknowledged and A~reed to by the Munici~ality. The
mayor and council hereby notice, acknowledge and agree to the following:
(a) The Petitioner seeks formation of District No.2 to exercise the
powers and functions set forth in the Act.
(b) The General Plan has been filed with the Clerk of the Municipality.
(c) The Petition and all necessary supporting materials have been filed
with the Council, and the showings in the Petition are each noticed by us and are hereby
incorporated at this place as if set forth in whole.
(d) The purposes for which the organization of District No. 2 is sought
are as described in the Petition and are purposes for which a district created pursuant to the Act
may be lawfully formed.
(e) District No.2 is wholly comprised of the Property and the Property
is wholly within the boundaries of the municipality.
(f) The Property is benefitted by District No.2 and the public infra-
structure and public infrastructure purposes set forth in the General Plan.
(g) The Petitioner is the owner of all of the Property.
(h) The public convenience and necessity require us to adopt this
Resolution.
3. AUDroval of the General Plan. The General Plan as submitted herewith
is hereby approved in all respects.
4. Intention to Form the District. The mayor and council hereby declares,
pursuant to the Act, its intention to form District No. 2 comprised of the Property as a
community facilities district.
5. Grantin!! of Petition: Formation of District. The Petition is hereby
granted, and District No. 2 is hereby formed as a community facilities district pursuant to the
terms and provisions of, and with the powers and authority established by, the Act, with
jurisdiction over the Property. Based on the Petition and the findings set forth in this Resolution
all requirements of posting, publication, mailing, notice, hearing and landowner election
otherwise required by the Act in connection with the formation of District No.2 and adoption
of this Resolution are waived. The mayor and council hereby determine February 28 to be the
scheduled election date to submit the question of formation of District No. 2 to the qualified
electors, if any, who reside within the boundaries of District No.2. As of the date hereof,
which is a date within 50 days immediately preceding such scheduled election date, there are no
resident electors or qualified electors residing on the Property, therefore, the submission of the
formation of District No.2 to an election of resident electors is hereby found to be unnecessary
and no election will be held.
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The name of District No. 2 shall be Red Hawk Canyon Community Facilities
District No.2.
Formation of District No. 2 may result in the levy of taxes to pay the costs of
improvements constructed by District No. 2 and for their operation and maintenance.
6. District Board and Officers. District No. 2 shall be governed by a
"District Board" comprised of appointed directors whose names and corresponding terms are
hereafter set forth:
Name Term
l. Duff C. Hearon 6 years
2. Kenna 1. Smith 6 years
3. F. Joseph Riley, IT 6 years
4. Scott Mundell 4 years
5. Larry O. Schone 4 years
7. District Boundaries and Map. District No.2 boundaries are as described
in metes and bounds in Exhibit A hereto. The map showing District No. 2 boundaries is set
forth in Exhibit B hereto and is hereby approved.
8. Dissemination of this Resolution. The Petitioner shall cause a copy of this
Resolution to be delivered to the County Assessor and the Board of Supervisors of Pima County,
Arizona, and to the Department of Revenue of the State of Arizona.
9. NO GENERAL LIABILITY OF OR FOR THE MUNICIPALITY.
NEITHER THE GENERAL FUND OF THE MUNICIPALITY, NOR THAT OF THE STATE
OF ARIZONA OR ANY POLITICAL SUBDMSION OF EITHER (OTHER THAN DISTRICT
NO.2) SHALL BE LIABLE FOR THE PAYMENT OR REPAYMENT OF ANY
OBLIGATION, LIABILITY, BOND OR INDEBTEDNESS OF DISTRICT NO.2,
ANDNEITHER THE CREDIT NOR THE TAXING POWER OF THE MUNICIPALITY, THE
STATE OF ARIZONA OR ANY POLmCAL SUBDMSION OF EITHER (OTHER THAN
DISTRICT NO.2) SHALL BE PLEDGED THEREFOR.
Passed by the Council of the Town of Marana, Arizona, this 17th day of January,
1995.
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ATTEST:
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APPRO AS TO 0'
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Town Attorney
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EXHIBIT ^
PARCEL 1
ALL THAT PORTION OF SECTION 35 OF TOWNSHIP 11 SOUTH, !{ANGE 12, EAST GILA
AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 35;
THENCE NORTH 00007'05" EAST ALONG THE EAST LINE OF SAID SECTION A
DISTANCE OF 5305.49 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89·10'36" WEST ALONG THE NORTH LINE OF SAID SECTION 35, A
DISTANCE OF 1485.00 FEET;
THENCE SOUTH 00·07'05" WEST, ^ DISTANCE OF 2652.75 FEET;
THENCE NORTH 89010'36" EAST, A DISTANC¡; OF 350.64 FEET;
THENCE SOUTH 00·07'05" WEST, ^ DISTANCE OF 2636.06 FEET TO THE SOUTH LINE
OF SAID SECTION 35;
THENCE SOUTH 89· 58'51" EAST A DISTANCE OF 1134.22 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL 2
All OF SECTIONS 24 AND 25, TOWNSHIP 11 SOUTH, RANGE 12 EAST, GILA AND
SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA.
EXCEPT THE FOLLOWING DESCRIBED PARCElS A, 8, C, AND D.
EXCLUSION PARCEL A
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 25;
THENCE NORTI; 00·01 '40" WEST, ALONG THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 25, A DISTANCE OF 2627.15 FEET TO THE WEST
QUARTER CORNER OF SAID SECTION 25;
THENCE NORTH 00·00'22" WEST, ,A,LONG THEWEST LINE OF THE NORTHWEST
QU,A,RTER OF SAID SECTION 25, A DISTANCE OF 2634.94 FEET TO THE
NORTHWEST CORNER OF SAID SECTION 25;
THENCE NORTH 00°01 '15" EAST, ALONG THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 25, ^ DIST/\I~CE OF 1725.ï3 FEET:
DEC :4 '94 14:12
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THENCE "IORTH 80°45'16" EAST, A DISTANCE OF 1002.05 FEET;
THENCE NORTH 63° 58'03 ". EAST, A DISTANCE OF 1083.06 FEET;
THENCE SOUTH 59°00'00" EAST, A DISTANCE OF 442.41 r=EET TO A POINT OF
CURVATURE;
THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT, WHICH HAS A
RADIUS or 2275.00 r=EET AND A CENTRAL ANGI.E OF 31 °24'50", AN ARC
LENGTH OF 1247.33 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 27°35'10" EAST, A DISTANCE OF 1191.34 rEETTO A POINT OF
CURVATURE;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, WHICH HAS A
RADIUS OF 3275.00 r=EET AND A CENTRAL ANGLE OF 82°31'42", AN ARC
LENGTH OF 4717.27 FEET;
THENCE SOUTH 35°03'28" EAST, A DISTANCE OF 637.35 FEET TO A POINT OF
CURVATURE;
THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT, WHICH HAS A
RADIUS OF 1755.00 FEET AND A CENTRAL ANGLE OF 04°37'17", AN ARC
LENGTH OF 141.56 FEET TO A POINT ON SAID CURVE FROM WHICH THE
RADIUS BEARS NORTH 50· 1 9'1 5" EAST;
THENCE SOUTH 26°15'09" WEST. A DISTANCE OF 393.47 FEET TO A POINT;
THENCE SOUTH 11 °28'33" WEST, A DISTANCE OF 279.38 FEET TO A POINT ON
THE SOUTH LINE OF SAID SECTION 25;
THENCE NORTH 89°43'06" WEST, ALONG THE SOUTH LINE OF SAID SEc..ìION
25, A DISTANCE OF 2937.73 FEET TO THE TRUE POINT or BEGINNING.
EXCLUSION PARCEL B
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 24;
THENCE SOUTH 00°06'46" EAST, ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 24, A DISTANCE OF 1970.81 r=EET;
THENCE NORTH 30°00'00" EAST, 1\ DISTANCE or ì21.58 r=EET;
THENCE :'"ORTH 00°06'46" WEST, A DISTANCE OF 1344.45 FEET TO THE
NORTH LINE 01' THE NORTHWEST QUARTER OF SAID SECTION 24;
COLLJNSIPIN^ CONSLJL11NC rN(;IN¡'¡'¡':S, ....H".
I')ecembet 14, 1994, ¡)Jgc 2
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THENCE NORTH 89°46'12" WEST, ALONG THE SAID NORTH LINE A DISTANCE
OF 362.03 FEET TO THE POINT OF BEGINNING.
EXCLUSION PARCEL C
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 24;
THENCE SOUTH 89°46'12" EAST ALONG THE NORTH LINE OF THE
NORTHWEST QUARTER THEREOf A DISTANCE OF 362.03 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 60°00'00" EAST A DISTANCE OF 1734.26 fEET;
THENCE SOUTH 00°00'00" EAST A DISTANCE OF 877.86 FEET;
THENCE SOUTH 60°00'00" EAST A DISTANCE OF 900.00 FEET TO THE EAST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 24;
THENCE NORTH 00°00'49" WEST ALONG SAID EAST LINE A DISTANCE Or-
2185.84 FEET TO THE NORTHEAST CORNER OFTHE NORTHWEST QUARTER OF
SECTION 24;
THENCE NORTH 89°46'13" WEST, ALONG THE NORTH LINE OF SAID
NORTHWEST QUARTER, A DISTANCE Of 2280.84 FEET TO THETRUE POINT OF
BEGINNING.
EXCLUSION PARca D
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25;
THENCE NORTH 89°43'06" WEST ALONG THE SOUTH LINE OF SAID SECTION
,
25, A DISTANCE OF 1685.00 FEET;
THENCE NORTH 00° 16'54" EAST, 75.00 FEET;
THENCE NORTH 40°01'54" EAST, 430.00 FEET, TO THE POINT OF BEGINNING;
THENCE NORTH 65 ° 31'54" EAST 340.00 FEET'
, ,
THENCE NORTH 46°31'54" EAST, 230.00 FEET;
THENCE NORTH 00° 16'.)4" EAST, 430.00 FEET;
THENCE SOUTH 59°46'54" WEST, 420.00 FEET;
COtLlNS/r'!ÑA CONSU1l1Nc; LNG1NlŒ.S. INC.
LJt!c..'V-mo~r 14, 1994, j:lJ.gc J
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,
,
THENCE SOUTH 27"46'54" WEST, 255.00 FEET;
THENCE SOUTH 04"07'43" WEST, 273.47 FEET;
THENCE SOUTH 49°57'58" EAST, 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.00 ACRES MORE OR LESS.
PARCEL 3
THE SOUTH HALF OF SECTION 7, TOWNSHIP' 1 SOUTH, RANGE 13 EAST, GILA ANC
SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA.
PARCEL 4
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 11
SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA
PARCEL 5
SECTION 18, TOWNSHIP 1'· SOUTH, RANGE 13 EAST, GILA AND SALT RIVE~
MERIDIAN, PIMA COUNTY, ARIZONA.
PARCEL 6
SECTION 19 01' TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVE"
MERIDIAN, PIMA COUNTY, ARIZONA.
EXCEpT THE SOUTHWEST QUARTER OF TJ;[; SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER THEREOF.
PARCEL 7
THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 11 SOUTH, RANGE 13 EAST,
GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA.
EXCEPT THE NORTHWEST QUARTER THEREOF.
COlllNS/rlÑA CONSUl TINC ENGINlLKS, INC.
f':IP.oC"'p.mbl'!r 14, 1994, pô1gc 4
T"I~r .~ 'od '4:~.1
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PARCEL 8
THE NORTHWEST QUARTER OF T!;E NORTHWEST QUARTER AND THE NORTH HALF
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17.
TOWNSHIP 11, SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA
COUNTY, ARIZONA. '
EXCLUDING FROM THEAßOVE PARCELS 1 -8 ANY PUBLICLY DEDICATED RIGHTS-OF-
WAY.
COLLINS/PIÑA CONSUl T1N(; L:'<CINWLS. INCo
Decembp.r 14, 1994, Pö1gC S
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EXHIBIT 'ß'
DATC; 9/27/9<