HomeMy WebLinkAboutOrd 2009-04ORDINANCE NO. 09-04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING
DISTRICTS MAPS OF THE TOWN OF FOUNTAIN HILLS BY AMENDING
THE ZONING DESIGNATION OF APPROXIMATELY 2.72 ACRES OF
LAND LOCATED ON THE EAST SIDE OF CERRO ALTO DRIVE, SOUTH
OF GOLDEN EAGLE BOULEVARD FROM "R1 -35" SINGLE- FAMILY
RESIDENTIAL ZONING DISTRICT TO "RI-35H" SINGLE- FAMILY
RESIDENTIAL HILLSIDE ZONING DISTRICT.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 93 -22, on November 19, 1993, adopting the Zoning Ordinance
for the Town of Fountain Hills (the "Zoning Ordinance "); and
WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of the
Zoning Ordinance establishes the authority and procedures for amending the zoning district
boundaries; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to Attu. REv. STAT.
§ 9- 462.04, public hearings were advertised in the January 7, 2009 and February 11, 2009
editions of the Forrnlain Hills rimes; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on January 22, 2009, and by the Town Council on March 5, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the "Official Zoning District Maps," codified in Chapter 3 of the
Zoning Ordinance, are hereby amended to change the Zoning District designation of
approximately 2.72 acres of land located on the east side of Cerro Alto Drive, south of Golden
Eagle Boulevard, as more particularly described and depicted on Exhibit A. attached hereto and
incorporated herein by reference, from "R1 -35" Single - Family Residential Zoning District to the
"R1 -35H" Single- Family Residential Hillside Zoning District.
SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 3. That the Mayor, the Town Manager or designee, the Town Cleric and the
Town Attorney are hereby authorized and directed to take all steps necessary to carry out the
purpose and intent of this Ordinance.
9aos.i
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain mills,
Arizona, March S, 2009.
FOR THE TOWN OF FOUNTAIN HILLS:
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Jay 04urn, Mayor
REVIEWED BY:
Richard L. Da wn manager
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ATTESTED TO:
At
APP ED AS TO FORM:
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Andrew J. McGuire.., Town Attorney
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ORDINANCE NO. 09-04
[Legal Description and Map of the Property]
Sea following page.
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TOWN OF FOUNTAIN HILLS
REZONING (R1 -35 TO R1 -35H)
EXHIBIT "A"
FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 506—C, BLOCK 2, LOT 29
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LOT 29
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L o 327.00'
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0 se no MAP BASED ON FCUNTA[N HILLS ARIZONA. RNAL PLAT NO. 506 -C,
AS ORIGINALLY RECORDED ON MARCH S, 1973, 6009 159 OF MAPS, PACE 31.
UAW 1• • 5w RECORDS OF LMARICOPA COUNTY, ARIZONA, BEING A PORTION OF SECTION S.
DAZE: 1 -7 -09 T 3 K. R. 6 E. OF THE du► AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA.
3
WAIVER OF CLAIMS FOR DIMINUTION OF VALUE
UNDER ARM REV. STAT. §f 12 -1134 —1136
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
DAVID A. CARIBARDI AND MARCIA A. CARIBARDI
THIS WAIVER OF CLAIMS FOR DIIVVIINI MON OF VALUE UNDER APJL REV.
STAT. §§ 12 -1134 -1136 (this "Waiver -) is made S 2009, between
David A. Caribardi and Marcia A. Caribardi, husband and wi (collectively, the "Owner and
the Town of Fountain Hills, an Arizona municipal corporation (the 'rowdy, regarding the
following real property (the "Property"):
See legal description and map set forth in Exhibit A attached hereto and
incorporated as if fully set forth herein.
Owner (i) is the owner of all right, title and interest in the Property and (ir) on behalf of
itself and all other parties having an interest in the Property intends to encumber the Property
with the following agreements and waivers:
1. Waiver of Claims Pursuant to Awz. REV. STAT. § 12 -1134 et sea. The Owner
agrees and understands that the Town is entering into this Waiver in conjunction with that certain
approval for rezoning of the Property, Case NZ2008 -07 (the "Rezoningl in good faith and with
the understanding that if it approves the Rezoning it will not be subject to a claim for dinnished
value of the Property from the Owner or other parties having an interest in the Property. Owner
agrees and consents to all the conditions imposed by the Rezoning ordinance, including all
stipulations adopted by the Council, and by signing this Waiver hereby waives any and all
claims, suits, damages, compensation and causes of action the Owner may have now or in the
future under the provisions of ARM REV. STAT. §§ 12 -1134 through and including 12 -1136 (but
specifically excluding any provisions included therein relating to eminent domain) and resulting
solely from the Rezoning. Owner admowledges and agrees that any stipulations imposed by the
Council as part of the Rezoning ordinance will not result in a reduction of the fair market value
of the Property as defined in AEtz. REv. STAT. § 12 -1136. The Owner acknowledges that
additional stipulations may be imposed by the Town Council, in its sole discretion, prior to
approval of the Rezoning. Owner agrees and understands that its waiver of claims as set forth in
this Waiver shall be deemed to extend to cover any changes to the Rezoning ordinance and all
stipulations to the Rezoning ordinance approved by the Town Council unless, not later than 48
hours following such Town Council approval, Owner notifies the Town, in writing, of its
disagreement with such stipulation(s). In the event that Owner timely notifies the Town of such
disagreement, Owner shall not be deemed to have waived claims with respect to only the
stipulations imposed or revised by the Town Council prior to approval of the Rezoning
ordinance; provided, however, that if Owner does not submit a separate waiver of such claims, in
a form acceptable to the Town, prior to close of business on the fifth day following approval of
the Rezoning ordinance, then the Town may, after proper notice and hearing, rescind the
Rezoning ordinance, and if rescinded by the Town Council acting in its sole discretion, this
Waiver shall act as a bar to a claim for diminished value based upon the rescinded Rezoning
9S3S72.1
ordinance. The foregoing waiver of claims shall not be effective and shall be of no further force
and effect with respect to the Rezoning in the event the Town Council disapproves the Rezoning
ordinance.
2. Entire Agreement: Modification. This Waiver, any exhibits attached hereto, and
any addenda, constitute the entire understanding and agreement of the Owner and the Town and
shall supersede all prior agreements or understandings between the Owner and Town regarding
waiver of claims pursuant to ARtz. Rtv. STAT. § 12 -1134 et seq. relating to the Property with
respect to the Rezoning. This Waiver may not be modified or amended except by written
agreement by the Owner and Town.
3. Applicable Law: Cancellation. This Waiver is entered into in Arizona and will be
construed and interpreted under the laws of the State of Arizona. This Waiver is subject to the
cancellation provisions of ARtz. REV. STAT. § 38 -511.
4. Recording; Waiver Runs With Land. Within ten days after the execution of this
Waiver, the Town Clerk shall file the Waiver in the Official Records of the County Recorder's
Office, Maricopa County, Arizona. This Waiver tuns with the land and is binding upon all
present and future owners of the above - referenced Property.
5. Owner_ Authority. The Owner warrants and represents that it is the owner of all
right, title and interest to the Property, and that no other person has an ownership interest in the
Property. The person(s) who sign on behalf of Owner personally warrant and guarantee to the
Town they have the legal power to bind the Owner to this Waiver.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
and year first set forth above.
"Owner" `•TOwn"
Marcia A.Vadbardi
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TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
By:
Richard L. Davis, Town Manager
ATTEST:
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ACKNOWLEDGMENTS
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on 2009.
by David A. Caribardi.
My Commission Expires:
STATE OF ARIZONA )
)Ss.
COUNTY OF MARICOPA )
r
Nd4q Public in and for the State of Arizona
This instrument was acknowledged before me on rrlle bn. •- A s..,.: s . 2009,
by Marcia A. Caribardi.
NoWy Public in and for the State of Arizona
My Commission Expires:
STATE OF ARIZONA )
)89.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on -�% «�\- c Iti r, , 2009,
by Richard L. Davis, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation, on behalf of the Town of Fountain Hills.
My Commission Expires: "c - I � - C �
OFFICIAL SEAL
SHAUNNA DAYLE WILLIAMS
Notary PuC'x • Stato of Ateona
MARICOPA COUNTY
My Comm. oxptroa Juno 14. 2009
Notary Public in and for the tate of Arizona
931ml
EXHIBIT A
TO
WAIVER OF CLAIMS FOR D304L ION OF VALUE
UNDER Attu. REV. STAT. §§ 12.1134 —1136
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
DAVID A. CARIBARDI AND MARCIA A. CARIBARDI
[Legal DescxiptiowMap of the Property]
See following pages.
TOWN OF FOUNTAIN HILLS
REZONING (R1 -35 TO R1 -35H)
EXHIBIT "A"
FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 506 -C, BLOCK 2, LOT 29
0 =2410'31
R - 775.00' .8•
8 L s 327.00'
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YAP BASED ON RMTAM NRI.S ARIZONA. FlN& PLAT N0. 606 -C.
AS QMCMLLY REOOROED ON YARCN 6, 1!173. BOOK IN Oi YAPS. PAW M.
fiKO t' • bOr RECD M OF YMCWA COUNTY. AN OIIA. MM A PORTION Of SECTION 6.
DATE: 1 -7 -09 T. 3 N.. R. 6 E. OF THE 6ILA AND SALT RIVER BASE AND YERIONW. YARICOPA
COUNTY, ARIZONA.
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35
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6
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BLOCK 2
LOT 29
0 =2410'31
R - 775.00' .8•
8 L s 327.00'
28
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YAP BASED ON RMTAM NRI.S ARIZONA. FlN& PLAT N0. 606 -C.
AS QMCMLLY REOOROED ON YARCN 6, 1!173. BOOK IN Oi YAPS. PAW M.
fiKO t' • bOr RECD M OF YMCWA COUNTY. AN OIIA. MM A PORTION Of SECTION 6.
DATE: 1 -7 -09 T. 3 N.. R. 6 E. OF THE 6ILA AND SALT RIVER BASE AND YERIONW. YARICOPA
COUNTY, ARIZONA.
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