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I OFFICIAL RECORDS OF
Town of Fountain Hills
MARICOPA COUNTY RECORDER
wr I H E L E N PUR C E L L
16705 E. Avenue of the Fountains I 2006-0609016 05/05/06 09:42 AM
Fountain Hills, AZ 85268 I 1 OF 5
IPel umSoe
Attn: Planning & Zoning I
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CAPTION HEADING:
Town of Fountain Hills Annexing of State Trust
Land Extending and Increasing the Corporate
Limits to the Existing Town Limits of the
Town of Fountain Hills
Ordinance 06-12
AN 2006-01
This is part of the official document.
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Copies Routed To:
❑ Administration
❑ Engineering
❑ Planning and Zoning
❑ Parks & Recreation
❑ Magistrate Court
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ORDINANCE NO. 06-12
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, EXTENDING AND INCREASING THE
CORPORATE LIMITS OF THE TOWN OF FOUNTAIN HILLS BY
ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE
EXISTING TOWN LIMITS OF THE TOWN OF FOUNTAIN HILLS.
WHEREAS, a petition in writing, accompanied by a map of said real property, having
been filed and presented to the Mayor and Council of the Town of Fountain Hills (the "Town
Council"), signed by the owners of more than one-half in value of the real and personal property
and more than one-half of the persons owning real and personal property as would be subject to
taxation by the Town of Fountain Hills (the "Town") in the event of annexation within the
territory and land hereinafter described on Exhibit A, attached hereto and incorporated herein by
reference (the "Annexation Area"), as shown by the last assessment of said property, which said
territory is contiguous to the Town, and not now embraced within its limits, asking that the
property more particularly hereinafter described be annexed into the Town, and to extend and
increase the corporate limits of the Town so as to embrace the same; and
WHEREAS, the Town Council desires to comply with said petition and extend and
increase the corporate limits of the Town to include the Annexation Area; and
WHEREAS, said petition sets forth a true and correct legal description of all the exterior
(1169 boundaries of the entire Annexation Area and had attached thereto at all times an accurate map
of the Annexation Area; and
WHEREAS, no alterations increasing or reducing the Annexation Area have been made
after the said petition has been signed by any owner of real and personal property in such
territory; and
WHEREAS, pursuant to ARIZ. REV. STAT. § 9-471(L), the Town shall adopt a zoning
classification for the Annexation Area that permits densities and uses no greater than that
permitted by Maricopa County immediately before the annexation; and
WHEREAS, the Annexation Area is currently zoned by Maricopa County as Rural 43,
and the Town's R1-43 zoning classification does not permit densities and uses greater than
permitted by Maricopa County's Rural 43 zoning classification; and
WHEREAS, the provisions of ARIZ. REV. STAT. § 9-471, and amendments thereto, have
been fully observed, including the required approvals by the (i) State Selection Board, a true and
correct copy of which is attached hereto as Exhibit B and incorporated herein by reference and
(ii) State Land Commissioner, a true and correct copy of which is attached hereto as Exhibit C
and incorporated herein by reference; and
644028.2
WHEREAS, proper and sufficient certification and proof of the foregoing facts are now
on file in the office of the Town Clerk together with a true and correct copy of the original
petition referred to herein, which is on file in the office of the Maricopa County Recorder.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Annexation Area, as more fully described and depicted on Exhibit
A, attached hereto and incorporated herein by reference, is hereby annexed to the Town and that
the present corporate limits are hereby extended and increased to include the Annexation Area.
SECTION 2. That the land-use classification under the Town of Fountain Hills Zoning
Ordinance for the Annexation Area is hereby designated as R1-43.
SECTION 3. That the Town Clerk is hereby authorized and directed to file with the
Maricopa County Recorder's Office a fully executed copy of this Ordinance, together with an
accurate map of the Annexation Area.
SECTION 4. That if, at any time prior to the effective date of this Ordinance, any person
(i) obtains from the Town Clerk of the Town of Fountain Hills (the "Town Clerk") a referendum
petition number and (ii) files in the office of the Town Clerk a petition for referendum of this
Ordinance appearing to (a) be in proper form and (b) have the requisite number of signatures to
cause a referendum, this Ordinance shall immediately become null and void and of no effect
without further action of the Town Council.
SECTION 5. If any provision of this Ordinance is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed
separate, distinct and independent of all other provisions and such holding shall not affect the
validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
May 4, 2006.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nic Is, Mayor Bevelyn J. Bend To Clerk
REVI BY: APPROVED AS TO FORM:
Timothy G. is ering, Town M ger An ew J. McGuire, Town Attorney
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EXHIBIT A
TO
ORDINANCE NO. 06-12
[Legal description and map of the Annexation Area]
See following pages.
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644028.2
Exhibit A
BOUNDARY SURVEY LEGAL
That portion of Sections 1,2,3 & 12,Township 3 North, Range 6 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, and being more particularly
described as follows:
BEGINNING at the common corner of Sections 2,3,10 & 11 of said T.3 N., R.6 E., said
point also being on the Northerly line of the Town of Fountain Hills Incorporated
Boundary (TOFH INC BDRY), according to Maricopa County Board of Supervisors
resolution declaring the incorporation of the Town of Fountain Hills, dated the 29 of
December, 1989;
THENCE South 89degrees53minutes45seconds East along the North line of said TOFH
INC BDRY, said line also being the South line of said Section 2, a distance of
2628.94 feet to the South 1/4 corner of said Section 2;
THENCE South 89degrees55minutesl0seconds East along said North line of TOFH INC
BDRY, said line also being the South line of said Section 2, a distance of 2629.95
feet to the Southeast corner of said Section 2, said corner also being common with
said Sections 1, 11 & 12;
THENCE South 00degrees1 lminutes39seconds East along the East line of said TOFH
INC BDRY, said line also being the East line of said Section 11 a distance of
341.32 feet to a point of intersect of the East line of said Section 11 and the West
boundary of the Fort McDowell Indian Reservation;
THENCE leaving said TOFH INC BDRY and said East line of Section 11
North 06degrees22minutes47seconds East along the West boundary of said Fort
McDowell Indian Reservation, a distance of 343.13 feet to a point of intersect
with the line between said Sections 1 & 12;
THENCE continuing along said West line of the Fort McDonnell Indian Reservation
North 06degrees33minutes21seconds East, a distance of 5314.96 feet to a point
on the North line of said Section 1;
THENCE leaving the West line of said Fort Mcdowell Indian Reservation along the
North line of said Section 1, South 89degrees45minutes30seconds West, a
distance of 656.48 feet to the Northwest corner of said Section 1;
THENCE South 89degrees37minutesllseconds West along the North line of said Section
2, a distance of 2639.25 feet to the North 1/4 corner of said Section 2;
THENCE continuing along said North line of Section 2, South 89degrees
40minutes27seconds West, a distance of 2638.92 feet to the Northwest
corner of said Section 2;
THENCE along the North line of said Section 3, South 89degrees38minutes30seconds
West, 2708.95 feet to the North 1/4 corner of said Section 3;
THENCE continuing along said North line of Section 3 South 89degrees41minutes
52seconds West, a distance of 2571.89 feet to the Northwest corner of said
Section 3, said corner also being a Northeast corner of said TOFH INC BDRY;
THENCE South 00degrees19minutes17seconds East along the West line of said Section
3, said line also being an East line of said TOFH INC BDRY, a distance of
2566.57 feet to the West 1/4 corner of said Section 3;
THENCE continuing along said West line of Section 3 and said East line of TOFH INC
BDRY South 00degrees21minutes07seconds East, a distance of 2642.12 feet to
the Southwest corner of said Section 3, said point also being an angle point on
said TOFH INC BDRY line;
THENCE North 89degrees56minutes54seconds East along the South line of said Section
3, said line also being the North line of said TOFH INC BDRY, a distance of
2640.82 feet to the South 1/4 corner of said Section 3;
THENCE continuing along said South line of Section 3 and said North line of TOFH
INC BDRY North 89degrees59minutes14seconds East, a distance of 2638.76 feet
to the Southeast corner of said Section 3, said point also being the POINT OF
BEGINNING.
Subject to all recorded easements.
This parcel contains 1,310.99 gross acres more or less.
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EXHIBIT B
TO
ORDINANCE NO. 06-12
[Selection Board Approval]
See following pages.
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644028.2
ARIZONA STATE SELECTION BOARD
APPROVAL OF PROPOSED ANNEXATION
On this 27th day of March, 2006, the Arizona State Selection Board has given
due consideration and does hereby approve the proposed annexation of State
lands, as described in Attachment A, into the incorporated boundaries of the
Town of Fountain Hills.
d 4:1,...l _____
JANET N OLITAI
Governo State of Arizona
TERRY GODD RD
Attorney Gener , State of Arizona
1 ,-7—• ......)..
E. Blaine Vance
Chief Deputy Treasurer, State of Arizona
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Afte • rk. .641 feeillifee., .1--AK6'
Secret of State Date ` `�V't'-. i/s/ `�
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ATTACHMENT A
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Town of Fountain Hills
All State Trust land lying within the following described area:
Section 1, T3N, R6E: Lots 9 through 11: 41.80 acres; Section 2, T3N, R6E:
Lots 1 through 4, S2N2, S2: 637.52 acres; Section 3, T3N, R6E: Lots 1 through
4, S2N2, S2: 633.36 acres, Maricopa County; Total acreage: 1312.68 acres.
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EXHIBIT C
TO
ORDINANCE NO. 06-12
[State Land Commissioner Approval]
See following pages.
644028.2
a % ..WN/YW2-4—,
Janet Napolitano Arizona
Governor �� o
State Lana Department
Mark Winkleman
State Land
Commissioner 1616 West Adams Street Phoenix,AZ 85007 www.land.state.az.us
ARIZONA STATE LAND DEPARTMENT
APPROVAL OF PROPOSED ANNEXATION
The Arizona State Land Commissioner has given due consideration and does
hereby approve the proposed annexation of State lands, consistent with the .
terms of the Pre-Annexation Development Agreement in Attachment A, and as
described in Attachment B, into the incorporated boundaries of the Town of
Fountain Hills.
33,06
ARK WINKLEMAN DATE
Commissioner, State of Arizona Land Department
"Serving Arizona's Schools and Public Institutions Since 1915"
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ATTACHMENT A
Town of Fountain Hills
Copies of the Pre-Annexation Development Agreement between the Town of
Fountain Hills and the State of Arizona are on file in the office of the Town Clerk and
open for public inspection during normal business hours.
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ATTACHMENT B
Town of Fountain Hills
All State Trust land lying within the following described area:
Section 1, T3N, R6E: Lots 9 through 11: 41.80 acres; Section 2, T3N, R6E:
Lots 1 through 4, S2N2, S2: 637.52 acres; Section 3, T3N, R6E: Lots 1 through
4, S2N2, S2: 633.36 acres, Maricopa County; Total acreage: 1312.68 acres.
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