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HomeMy WebLinkAboutResolution 89-016 declaring intent to form a community facilities districtRESOLUTION NO. 89-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING INTENT TO FORM A COMMUNITY FACILITIES DISTRICT PURSUANT TO A.R.S. SECTION 48-701 ET SEQ. WHEREAS, pursuant to A.R.S. Section 48-701 et seq., the Town of Marana is authorized to form a community facilities district, as described in said statute; and WHEREAS, on May 16, 1989 owners of real property, all of which real property lies wholly within the corporate boundaries of the Town, presented to the Council a petition seeking adoption of a Resolution declaring the intent of the Council to form a Community Facilities District; and WHEREAS, the Council finds that the said petition has been properly executed by the owners of 100% of the property proposed to be included within the said District; and WHEREAS, a General Plan for the District has been filed with the Clerk, setting out a general description of the proposed public infrastructure improvements for which the District is proposed to be formed and the general areas to be improved; and WHEREAS, the Council finds that the public convenience and necessity requires the adoption of this Resolution of Intention to form a Community Facilities District. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Marana, as follows: SECTION 1. Definitions. Unless the context hereof otherwise requires, the following terms shall have the meanings ascribed them in this Section 1: 1.1. "Authorized Investments" means any securities in which the District may lawfully invest funds subject to its control. 1.2. District. "Board means the Board of Directors of the 1.3. "Bonds" means any bonds which may be authorized by the District. 1.4. "Clerk" means the Marana Town Clerk. 1.5. "Council" means the Marana Town Council. 1.6. "District" means that Community Facilities District to which this Resolution relates. 1.7. "Law" means A.R.S. Section 48-701 et seq. as presently written or as hereafter amended. 1.8. "Town" means the Town of Marana, Arizona. 1.9. "Resolution" means this Resolution of Intention to form Community Facilities District. SECTION 2. Intention to Form District. The Council hereby resolves, pursuant to A.R.S. Section 48-702, its intention to form the District, on the terms and as described herein. SECTION 3. Area Included. The area to be included within the District is described on Exhibit A hereto. The District and the boundaries thereof, as the same is intended to be formed, are depicted on Exhibit B to this Resolution. The parcels of real property affected by or included within the boundaries of the District are described by Tax Parcel Number on Exhibit C to this Resolution. SECTION 4. Purposes for Formation of District. The purposes for which the District is to be formed are: the construction, operation and maintenance of public infrastructure improvements, including a sanitary sewer trunk line, interceptor lines, pump stations and related facilities; the purchase or condemnation of such real property or interests therein, as is necessary for the construction and maintenance of the public infrastructure improvements; the issuance of Bonds and other debt, the borrowing of funds, the levy of ad valorem taxes, assessments, charges and fees to finance the construction and maintenance of said improvements and the purchase of such real property interests as is necessary and related costs; the making of such Authorized Investments as the Board shall deem proper; and the undertaking of any other act or matter as is authorized by law. SECTION 5. Hearing. Pursuant to A.R.S. Section 48- 707(F), since the Petition for Formation has been signed by owners of all of the land in the District described, the requirements for posting, publication, mailing, notice, hearing and election are hereby waived. SECTION 6. Ad Valorem Taxes. The proposed District may result in the levy of ad valorem taxes to pay the cost of the improvements to be constructed and for the operation and maintenance thereof. SECTION 7. District Board. The Marana Town Council, sitting ex officio shall comprise the Board of Directors of the District. SECTION 8. Authorization. This Resolution is adopted pursuant to A.R.S. Section 48-701 et seq. SECTION 9. No General Town Liability. Neither the general fund of the Town nor that of the State of Arizona or any political subdivision thereof shall be liable for the payment or repayment of any Bonds, Notes or other evidence of debt, nor is the credit or taxing power of the Town to be pledged therefor. SECTION 10.. Pursuant to A.R.S. Section 48-701 et seq., and particularly A.R.S. Section 48-707(F), it is hereby ordered as follows: ae be formed. That the Marana 1-10 Community Facilities District B. That the property to be included within the District is described on the map attached hereto and marked as Exhibit B, and in the legal description attached hereto and marked as Exhibit A. C. That the General Plan for the District, filed with the Marana Town Clerk, is hereby approved as follows. D. That the Marana 1-10 Community Facilities District shall be governed by a District comprised of members of the Marana Town Council, ex officio. E. That a copy of this Resolution forming the Marana 1-10 Community Facilities District shall be delivered forthwith to the Pima County Assessor, to the Pima County Board of Supervisors and to the Arizona Department of Revenue, and a true and correct copy of this Resolution shall be filed with the Pima County Recorder. SECTION 11. Effective Date. take effect upon the date of adoption. This Resolution shall PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 17th day of May, 1989. 'MAYOR 3 ATTEST' TOWN CI~K APPROVED AS TO FORM: 4 EASTERN MARANA COMMUNZTY FACILITIES IMPROVEMEHT DISTRICT PRELIMINARY DISTRICT BOUNDARY DESCRIPTION AS OF MAY 9, 1989 Portions of Sections 6,7,8,16,17,21,22,25,26,27,28 and 36, Township 11 South, Range 11 East, Section 31, Township 11 South, Range 12 East, Section 6, Township 12 South, ~ange 12 East and Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Parcel 1: BEGINNING at the southeast section corner of Section 8, Township 11 South, Range 11 East; said corner also being the northwest corner of Section 16, Township 11 South, Range 11 East; THENCE easterly along the north line of said Section 16, to the northeast corner of said Section ]6; THENCE southerly along the east line of said Section 16, to the southeast corner of said Section 16, said corner also being the northwest corner of Section 22, Township 11 South, Range 11 East; THENCE easterly along the north line of said Section 22, to the northeast corner of said Section 22; THENCE southerly along the east line of said Section 22, to the southeast corner of said Section 22, said corner also being the northwest corner of Section 26, Township 11 South, Range 11 East; THENCE easterly along the north line of said Section 26, to the northeast corner of said Section 26; THENCE continuing easterly along the north line of Section 25, Township 11 South, Range 11 East to the northeast corner of Parcel 2C which lies on said north line of Sect].on 25 as shown in the Pima County Assessor's Map, 1988-1; THENCE southeasterly along the easterly line of said Parcel 2C, and the easterly line of Parcels 1E, 1H and IF as shown on said Assessor's map, to the southeast corner of said Parcel 1F, which point lies on the north line of Section 36, Township 11 South, Range 11 East; THENCE easterly along the north line off said Section 36, to the northeast corner of Section 36, f?at~Jnship 11 South, Range 11 East; THENCE southerly along the east line of said Section 36, to the northwest corner off the south one-ha].f (S 1/2) of Section 31, Township 11 South, Range 12 East~ THENCE easterly along the north line off said south one-half (S 1/2) of Section 31, to the northeast corner of the said south one- half (S 1/2); THENCE southerly along east line of Section 31 to the southeast corner of Parcel 3B as shown on said Assessor's map, 1988-1; THENCE westerly along south line of said Parcel 3B to the intersection with the west line of the southeast one-quarter (SE 1/4) of Section 31, Township 11 South, Range 12 East; THENCE southerly along said west ii. ne of the southeast one-quarter (SE 1/4) of SectJ. on 31, Township 11 South, Range 12 East to the intersection with the north Ii. ne of Tangerine Road right- of-way; THENCE westerly along north line of Tangerine Road right-of-way to the intersection of the north line of the Southern Pacific Railroad (SPRR). right-of-way; THENCE northwesterly along the northerly line of the SPRR right- of-way through Section 31, Township 11 South, Range 12 East, Section 36, Section 25, Section 26, Section 27, Section 22, Section 21, Section 16, Section 17 and Section 8, all in Township 11 South, Range 11 East, to the intersection with the west line of Section 8, Township 11 South, Range 11 East; THENCE northerly along said west line off Section 8 to the northwest corner of Section 8, Township 11 South, Range 11 East; THENCE easterly along north line of Section 8 to the northeast corner of the northwest one-quarter (NW 1/4) of Section 8, Township 11 South, Range 11 East~ THENCE southerly along the east line of said northwest one-quarter (NW 1/4) to the north line of Parcel 4B, as shown on said Assessor's Map, of Section 8, Township 11 South, Range 11 East; THENCE easterly along said north line of Parcel 4B as shown on said Assessor's Map, to the northeast corner of the northwest one- quarter (NW 1/4) of the southeast one-quarter (SE 1/4) of Section 8, Township 11 South, ~ange 11 East; THENCE southerly along the east line ~f the northwest one-quarter (NW 1/4) of the southeast one-quarter (SE 1/4) to the southeast corner of the northwest one-quarter (NW 1/4) of the southeast one-quarter (SE 1/4) of Section 8, Township 11, South, Range 11 East; THENCE easterly along the north line of the southeast one-quarter (SE 1/4) of the southeast one-quarter (SE 1/4) to the northeast corner of southeast one-quarter (SE 1/4) of the southeast one-quarter (SE 1/4), Section 8, Township 11 South, Range 11 East; THENCE southerly along the east line of the southeast one-quarter (SE 1/4) of the southeast one-quarter (SE 1/4) to the True Point of Beginning being the southeast section corner of Section 8, Township 11 South, Eange 11 East. ALSO Parcel~2: BEGINNING on a point on the north line of Section 27, Township 11 South, Range 11 East which lies a distance of 497.3 more or less feet east of the northwest corner of said Section 27; THENCE easterly along said north line to the northeast corner of the northwest one-quarter (NW 1/4) of said Section 27; THENCE southerly 2629.73 feet more or ].ess to the northwest corner of the southeast one-quarter (SE 1/4) of said Section 27; THENCE easterly along the north line of said southeast one- quarter(SE 1/4) to the northeast corner of said southeast one- quarter (SE 1/4), Section 27, Township 11 South, Range 11 East; THENCE northerly along the east line of said Section 27, to the intersection with the southerly line of the right-of-way of the Casa Grande Highway; THENCE southeasterly along said southerly line of the Casa Grande Highway right-of-way to the intersection with the south line of Section 26, Township 11 South, Range 11 East; THENCE westerly along said south line of Section 26, and the south line of said Section 27, to the southwest corner of Section 27, Township 11 South, Range 11 East; THENCE westerly along the south line of section 28 to the southwest corner of ~he southeast one-quarter (SE 1/4) of section 28, Township 11 South, Range 11 East~ THENCE northerly along the west line of said southeast one-quarter (SE 1/4), to the northwest corner of said southeast one- quarter (SE 1/4); THENCE easterly along the north line of said southeast one-quarter (SE 1/4) to the west line of Section 27, Township 11 South, Range 11 East; THENCE easterly along the south line of the northwest one-quarter (NW 1/4) of said Section 27, a d~stance of 497.3 feet more or less; THENCE northerly along a line parallel with and 497.3 feet east of the west line of said Section 27, Township 11 South, Range 11 East, to the TRUE POINT OF BEGIN~I~NG. ALSO Parcel 3: BEGINNING at the southwest corner of Section 36, Township 11 South, Range 11 East; THENCE northerly along the west line of said Section 36, to the intersection with the southerly line of the Casa Grande Highway right-of-way; THENCE southeasterly along said southerly line of the Casa Grande Highway right-of-way to the intersection with the south line of Section 36, Township 11 South, Range 11 East; THENCE westerly along said south line to the southwest corner of said Section 36, Township 11 South, Range 11 East; which is the TRUE POINT OF BEGINNING. 4 EXCLUSIONS FOR PARCELS 1, 3 AND 3: Parcels lying within the Improvement District boundaries that are excluded: 21727002F United States of America Sec. 22, TllS, RllE 21733002D RFM III Sec. 21, Tll$, RllE 21755011B United States of America Sec. 36, TllS, RllE 217430030 Cortaro-Marana Irrigation Sec. 28, TllS, RllE District 217430010 McElhannon Sec. 28, TllS, RllE 21727003E Manster Real Estate Inc. Sec. 22, TllS, RllE 217270040 U.S. Fiduciary Corp. Sec. 22, TllS, RllE 21728001A Gene Anderson Sec. 22, TllS, RllE 21729001B Odgers Sec. 22, TllS, RllE 21729001C Marana Investments Sec. 22, TllS, RllE 21729002D Gorham Sec. 22, TllS, RllE 21729002B Quan Sec. 22, TllS, RllE Marana Estates, all lots Sec. 22, TllS, RllE 21734002E Consociation of the Ideal Sec. 26, TllS, RllE Life Church 21734002G Consociation of the Ideal Sec. 26, TllS, RilE Life Church 217340030 Hum Sec. 26, TllS, RllE Adonis Mobile Home Sec. 26, TllS, RllE Lots 1-153 217351590 Adonis Mobile Home Sec. 26, TllS, RllE Subdivision Association Excluding drainageways. Parcels all dedicated property such as roads, easements and 1, 2 and 3 containing 3,511.65 acres more or less. PARCEL 4 That part of the Northwest one-quarter (NW 1/4) of Section 6, Township 12 South, Range 12 East, and the North one-half (N 1/2) of Section 1, Township 12 South, range ]] East, Gila and Salt River Base and Meridian, Pima County, Arizona, being more particularly described as follows: BEGINNING at the northwest corner of said Section 6; THENCE S00°03'26"E along the west line of said northwest one- quarter (NW 1/4) of Section 6 a distance of 47.46 feet to a point on the southwesterly right-of-way line of Interstate Highway No. 10; THENCE S77°30'54"E along said southwesterly right-of-way line 154.05 feet; THENCE $49°49'05E continuing along said southwesterly right-of-way line 300.00 feet; THENCE S56°05'43"E continuing along said southwesterly right-of- way line ,1728.56 feet; THENCE S49°49'05"E continuing along said southwesterly right-of- way line 113.04 feet to a point of curvature of a tangent curve concave southwesterly; THENCE southeasterly continuing along said southwesterly right-of- way line and along the arc of said curve, to the right, having a radius of 22,708.32 feet and a central angle of 02°05'55'' for an arc distance of 831.79 feet to a point of non-tangency on the east line of said northwest one-quarter (NW 1/4) of Section 6; THENCE S00°14'41"E along said east line 80.00 feet; THENCE N78°39'07"W 743.92 feet; THENCE N56°05'43"W 1,335178 feet to a point on the easterly right- of-way line of the Central Arizona Project Tucson Aqueduct; THENCE S40°16'46"W along said easterly right-of-way line 485.71 feet; THENCE S00°08'14"E continuing along said easterly right-of-way line 1,218.22 feet to a point on the south line of said northwest one-quarter (NW 1/4) of Section 6~ THENCE S89°51'55"W along said south line 374.75 feet to the west one-quarter (w 1/4) corner of said Section 6; 6 THENCE $89°48'57"W along the south line of said north one-half (N 1/2) of SectJ~on 1 a distance cf 1,319.36 feet to a point on the west line of the east one-half (E 1/2) of the northeast one-quarter (NE 1/4) of said Section 1; THENCE N00°08'27"W along said west 1.~ne 1,708.69 feet; THENCE N41°46'36"W 842.87 feet to a point on the south line of the north 300.00 feet of the northeast one-quarter (NE 1/4) of said Section 1; THENCE S89°51'13"W along said south line 762.76 feet to a point on the west line of the northeast one-quarter (NE 1/4) of Section 1; THENCE S89°51'27"W along the south line of the north 300.00 feet of the northwest one-quarter (NW 1/4) of said Section 1 a distance of 1,321.08 feet to a point on the west line of the east one-half (E 1/2) of said northwest one-quarter (NW 1/4) of Section 1; THENCE N00°13'10"W along said west line 300.00 feet to a point on the north line of said northwest one-quarter (NW 1/4) of Section 1; THENCE N89°51'27"E along said north line 1,321.06 feet to the north one-quarter (N 1/4) corner of said Section 1; THENCE N89°51'13"E along the north line of the northeast one- quarter (NE 1/4) of said Section 1 a distance of 2,646.40 feet to the POINT OF BEGINNING; EXCEPT any part thereof lying within the right-of-way of the Central Arizona Project Tucson Aqueduct. SUBJECT to existing easements and right-of-ways. Containing 149.890 acres more or less Gross Less 23.265 acres more or less Central Arizona Project R/W Equals 126.625 acres more or less Net PARCEL 5 A portion of Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Ail of Section 6, lying south of the Pima-Pinal County line and all of that portion of the north half (N 1/2) of Section 7 lying east of the westerly right-of-way line of the Casa Grande-Tucson Interstate HJ. ghway. EXCLUSIONS: 21706001A 217060020 217060030 217060040 21707001B 21707003A 21707003B 21707004B 21707004C 21707004D Pioneer Trust of Arizona Hacienda Land Inc. & E1 Mirador Southern Pacific Transportation Co. Southern Pacific Transportation Co. Thomas & Lillian Wong Hacienda Land & E1 Mirador Hacienda Land & E1 Mirador JMK Ranches Inc. Kai Trust & John Kal Jr. Kai Trust & John Kal Jr. Casa Grande-Tucson Interstate Right-of-Way Parcel 5 containing 282.67 acres more or less. Total of Parcels 1-5 is 3,920.94 acres more or less. m im / / ? Z --I m o m m~ Ill ITl O0 0~0 ......