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HomeMy WebLinkAboutOrd 2003-02 ORDINANCE NO. 03-02 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 PURSUANT TO THE PROVISIONS OF ARIZONA REVISED STATUTES § 9-471.02 AND AMENDMENTS THERETO, ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS. WHEREAS, the provisions of ARiz. REV. STAT. § 9-471.02 allow for real property within the corporate limits of one municipality to be deannexed by that municipality and concurrently annexed into a contiguous municipality; and WHEREAS, the City of Scottsdale ("Scottsdale") adopted Ordinance No. 3485 on January 21, 2003, setting forth its desire to deannex approximately 1.69 acres of land contiguous with the corporate boundaries of the Town of Fountain Hills ("Fountain Hills") as more fully described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Mayor and Council of the Town of Fountain Hills desire to extend and increase the corporate limits of Fountain Hills to include the Property; and Clire WHEREAS, the legal description of the Property set forth on Exhibit A is a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to Fountain Hills; and WHEREAS, Fountain Hills shall provide all of its municipal services to the property upon issuance of the order by the Maricopa County Board of Supervisors deannexing the Property from Scottsdale and annexing same to Fountain Hills. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Property be, and the same hereby is, annexed to the Town of Fountain Hills, and that the present corporate limits be, and the same hereby are, extended and increased to include the Property contiguous to the present Town limits. SECTION 2. That a copy of this Ordinance, together with an accurate map of the Property hereby annexed to Fountain Hills, certified by the Mayor, be forthwith filed with the Maricopa County Board of Supervisors. SECTION 3. That this annexation shall be contingent upon fulfillment of the requirements of ARIZ. REV. STAT. § 9-471.02. L 9196.010\Copperwynd annex.ord.doc 1 1-17-03-1 SECTION 4. That, upon annexation, the Property shall be zoned Rl-8 and subject to the regulations set forth for such designation in the Town of Fountain Hills Zoning Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,February 6, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: a / (--el-c1-&-e* Aet/t/tLei.-- 14)4(e6l6/2/., Jo . Beydler May r Cassie B. Hansen,Town Clerk VIE APPROVED AS TO FORM: im G. Pickering,Town Ma ger An J. cGuire, Town Attorney L L 9I96.010\Copperwynd annex.ord.doc 2 1-17-03-I • EXHIBIT A LEGAL DESCRIPTION Tracts "K", "J" and"P" of"CORDILLERA AT COPPERWYND", a subdivision Plat recorded in Book 483 of Maps, Page 08, Records of Maricopa County,Arizona, more particularly described as follows: BEGINNING at the Northeasterly corner of said Tract"K"; THENCE South 39 degrees 14 minutes 57 seconds East,along the Northerly line of said Tract"K", a distance of 243.71 feet; THENCE South 59 degrees 20 minutes 26 seconds East,continuing along the Northerly line of said Tract"K", a distance of 317.41 feet to the Northeasterly corner of said Tract"J"; THENCE South 59 degrees 20 minutes 26 seconds East, along the Easterly line of said Tract "J", a distance of 91.04 feet to the Southeasterly corner of said Tract"J",said point also being the Northeasterly corner of said Tract"P"; THENCE South 59 degrees 20 minutes 26 seconds East, along the Easterly line of said Tract"P", a distance of 41.55 feet; THENCE South 38 degrees 57 minutes 36 seconds East,continuing along the Easterly line of said Tract"P", a distance of 44.46 feet to the Southeasterly corner of said Tract"P"; THENCE South 83 degrees 07 minutes 30 seconds West,along the Southerly line of said Tract"P", a distance of 134.36 feet; THENCE North 79 degrees 22 minutes 24 seconds West,continuing along the Southerly line of said Tract "P",a distance of 110.32 feet; THENCE South 87 degrees 38 minutes 26 seconds West,continuing along the Southerly line of said Tract "P", a distance of 102.97 feet; THENCE South 32 degrees 50 minutes 41 seconds West,continuing along the Southerly line of said Tract "P", a distance of 49.85 feet to the Southwesterly corner of said Tract "P", said point being on the Easterly Right-of-Way Line of Eagle Ridge Drive,as shown on"MAP OF DEDICATION FOR EAGLE RIDGE DRIVE" as recorded in Book 465 of Maps, Page 16 of Official Records of Maricopa County, Arizona, said point also being on a curve concave Southwesterly, having a radius of 2035.00 feet and a radial bearing of South 68 degrees 13 minutes 42 seconds West; THENCE Northwesterly,along the Westerly line of said Tract"P"and along the Easterly Right-of- Way Line of said Eagle Ridge Drive,along the arc of said curve,through a central angle of 00 degrees 30 minutes 13 seconds and an arc distance of 17.89 feet; THENCE North 24 degrees 39 minutes 29 seconds East,continuing along the Westerly line of said Tract"P"and along the Easterly Right-of-Way Line of said Eagle Ridge Drive,a distance o f 30.60 feet to the Northwesterly corner of said Tract"P",said point being the beginning of a non-tangent curve concave Southeasterly,having a radius of 310.00 feet and a radial bearing of South 18 degrees 10 minutes 17 seconds East; Sheet 1 of 4 THENCE Northeasterly,along the Northerly line of said Tract"P"and along the Easterly Right-of- Way Line of said Eagle Ridge Drive, along the arc of said curve through a central angle of 00 degrees 57 minutes 31 seconds and an arc distance of 5.19 feet to the Southwesterly corner of said Tract "J"; THENCE North 25 degrees 49 minutes 41 seconds West,along the Westerly line of said Tract"J" and along the Easterly Right-of-Way Line of said Eagle Ridge Drive,a distance of 80.73 feet to the Northwesterly corner of said Tract "J", said point also being the Southerly Southwesterly corner of said Tract "K"; THENCE North 65 degrees 11 minutes 12 seconds West,continuing along the Westerly line of said Tract "K" and along the Easterly Right-of-Way Line of said Eagle Ridge Drive, a distance of 32.99 feet to the Westerly Southwesterly corner of said Tract"K"; THENCE North 22 degrees 14 minutes 49 seconds West,continuing along the Westerly line of said Tract "K" and along the Easterly Right-of-Way Line of said Eagle Ridge Drive, a distance of 307.65 feet to a point on the beginning of a tangent curve concave Northeasterly,having a radius of 765.00 feet and a radial bearing of North 67 degrees 45 minutes 11 seconds East; THENCE Northwesterly, continuing along the Westerly line of said Tract "K" and along the Easterly Right-of-Way Line of said Eagle Ridge Drive, along the arc of said curve, through a central angle of 06 degrees 08 minutes 25 seconds and an arc distance of 81.98 feet returning to the POINT OF BEGINNING. Containing 1.69 acres or 73,545 square feet,more or less. BASIS OF BEARINGS North 22 degrees 14 minutes 49 seconds West along the Monument Line of Eagle Ridge Drive(adjacent to Tract "K") as shown on Plat of "CORDILLERA AT COPPERWYND", Book 483 of Maps, Page 08, Maricopa County Recorder - and as shown on "MAP OF DEDICATION FOR EAGLE RIDGE DRIVE", Book 465 of Maps,Page 16,Maricopa County Recorder. Reference is hereby made to the attached Exhibit B drawings. 74!*•TLAN7:1.- _ !cj iS?i .ii a � < Sheet 2 of 4 0 1 1237.1 BO1 04/10/02 GT/REC:bls • IA TOWN OF FOUNTAIN HILLS Al EXHIBIT B CORPORATE LIMITS ..i. \ ,• R=765.00' s PO.B NOTE: i SEE CURVE DATA TABLE am AND LINE TABLE ON Pal D SHEET 4 OF 4 2 •0 A o� I rr t c)V % NOT TO SCALE ila a03 C'- N �; so rae 0 o in - a'�- ''6 ',in %a• 410 .- 4. t o�4, 'S► Tn m 1 2 S` -vAS o in-n 0 ) eipz% w44'-1° + _ _Z 1441/ � n 7o 4 1 `© %:* 2 % '7'' ttli 0 Aci, AlliK BOOK 465 O e �,y1 4 44� d MAPS, PAGE 16, y y • , • . . _ 0 El_k. t aif AO-/, taw7,4or • ,'Z p 0 .,"4410ta 0 r i TRACT A" "CORDILLERA AT COPPERW}ND" Y BOOK 483 OF MAPS, PAGE 08, H.C.R. CITY OF SCOTISDALE CORPORATE LIMITS r A- INDICATES AREA DESCRIBED BY LEGAL Job No. DESCRIPTION. re<r Nv., 1237.1801 ^;��-!=�CAT����.. Date SKETCH OF LEGAL DESCRIPTION ° .,'� • 04/10/02 GERVASIO & ASSOC. INC. TRACTS X', vs & p- ti cciiiwi'' : 21 W/GT/REC CONSULTING ENGINEERS OF "CORDILLERA AT �� 4527 N. 16TH SIKtti. SUITE 200 COPPERWYN D' .•$ Sheet No. PHOENIX. ARIZONA 85016 �;,,�?--- "�1.• 3 OF 4 (602) 285-1720 FAX 285-1530 1, This drawing is an instrument of service. It is the property of ERV IATES; INC.. . and may not be reproduced or reproduction hereof used without permission. EXHIBIT B CURVE DATA TABLE CURVE DELTA RADIUS ARC CHORD 0 0- 0'30'13" 2035.00' 17.89' N.2701'24"W."17.89' © 00'57'31" 310.00' 5.19' N.72'18'29"E.' 5.19' © 0- 4 05'42" 350.00' 25.01' N.69'48'02"E...25.01' ❑D 06'08'25" 765.00' 81.98' N.19'101361W.N81.94' UNE TABLE UNE BEARING DISTANCE O S.38'57'36'E 44.46' NOTE SEE SKETCH OF TRACTS O S.83'0T "f & '1'' OF 30'W. 134.36' "CORDILLERA AT COPPERWYND'' CC N.79'22'24"W. 110.32' ON SHEET .5 OF 4 © 5.87'38'26V. 102.97' © S.3750'41"W. 49.85' O N.24'39'29"E. 30.60' © N.25'49'41 SW. 80.73' O N.65'11'12'W. 32.99' 0 N.6745'11'E. 35.00' O S.59'20'26'E 91.04' 0 S.59'20'26"E. 41.55' Job 1237.1No. 801 SKETCH OF LEGAL DESCRIPTION I?r r .Z_ ► 04/10/02 GERVASIO & ASSOC. INC. TRACi5 'x: & • w/cT/aEc CONSULTING ENGINEERS OF 'CORDILLERA AT ,. lv " 4527 N. 16f H STREET. SURE 200 COPPERWYND" • ' /� Sheet No. PHOENIX. ARIZONA 85018i'0; `: (802) 285-1720 FAX 285-1530 u, b1. 4 OF 4 This drawing is an instrument of service. It is the property of GERVASIO & ASSOCIATES. INC.. and may not be reproduced or reproduction hereof used without permission. JAN-27-2003 13 33 COS COMMUNITY DEU. 480 3127091 P.02 L ORDINANCE NO,3485 AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY,ARIZONA, DEANNEXING AND DECREASING THE CORPORATE LIMITS OF THE CITY OF SCOTTSDALE, PURSUANT TO ARIZONA REVISED STATUTES SECTION 9-471.02, BY DEANNEXING CERTAIN TERRITORY WITHIN THE PRESENT CORPORATE LIMITS OF THE CITY OF SCOTTSDALE, CONTINGENT UPON THAT SAME TERRITORY BEING ANNEXED BY THE TOWN OF FOUNTAIN HILLS. MARICOPA COUNTY. ARIZONA, AND UPON FULFILLMENT OF THE CONDITIONS OF SECTION 9-471.02,ARIZONA REVISED STATUTES. WHEREAS.the City Council has determined it to be in the best interest of the City of Scottsdale for certain territory within the corporate boundaries of the City,specifically described in the attached Exhibit A and shown on the maps attached as Exhibits B and C of this Ordinance,to be deannexed from the City of Scottsdale contingent upon that same territory being concurrently annexed by the Town of Fountain Hills;and WHEREAS, section 9-471.02,Arizona Revised Statutes,provides for the deannexatlon of land from one municipality and the annexation to another municipality if all of the conditions of the statute are fulfilled;and WHEREAS,the Territory proposed to be de-annexed is contiguous to the Town of Fountain Hills; NOW,THEREFORE. BE IT ORDAINED by the City Council of the City of Scottsdale as follows: Section 1, That the City Council hereby determines that the territory to be de-annexed, hereafter referred to as the'Territory," Is as legally described In the attached Exhibit"A,"incorporated herein by this reference,and shown on the maps attached as Exhibits"B"and"C,"incorporated herein by this reference, Secton 2,That the City Council hereby expresses Its intention to deannex the Territory and hereby declares the deannexation to have occurred and the present corporate limits of the City of Scottsdale modified and decreased to exclude the Territory,contingent upon the annexation of the same Territory by the Town of Fountain Hills, Maricopa County,Arizona. and upon fulfillment of the conditions more particularly set forth in section 9-471.02,Arizona Revised Statutes. Section 3, That the City Clerk is hereby authorized and directed to forward a certified copy of this Ordinance and the attached maps to the Chairman and the Clerk of the Board of Supervisors of Maricopa County,Arizona,evidencing Its successful passage on the day and date written below. Attachment#5 Page 1 of 2 L JAN-27-2003 13.33 COS COMMUNITY DEU. 480 3127091 P.03 §ection 4. That the City Clerk is hereby authorized and directed to notify by letter the owner of any real property in the territory to be deannexed at least twentydays before the hearing the Board of Supervisors. Such notification shall specify that the area is to b deannexed and annexeto he Town of Fountain Hills and that such property shall continue to be subject to any tax lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the City Council of the City of Scottsdale while the property was within the corporate limits. The letter shall further state that the property owner may protest the action by letter to the Marioopa County Board of Supervisors prior to the hearing or in person at the hearing. PASSED AND ADOPTED by the City Council of the City of Scottsdale,Arizona this January, 2003. day of ATTEST: CITY OF SCOTTSDALE, an Arizona municipal corporation By: BY Sonia Robertson Mary Manross City Clerk Mayor APPROVED AS TO FORM: By: i IJ; David A.Penn rtz City Attorney • Attachment#S Page 2of2 JAN-27-2003 13:33 COS COMMUNITY DEU. 460 3127091 P.04 EXHIBIT A L LEGALD SCRIPTLON Tracts"K'', "I"and"P" of"CORDILLERA AT COPPERWYND", a subdivision Plat recorded in Book 483 of Maps, Page 08, Records of Maricopa County,Arizona, more particularly described as follows: BEGINNING at the Northeasterly corner of said Tract"K"; • THENCE South 39 degrees 14 minutes 57 seconds East,along the Northerly line of said Tract"K", a distance of 243.71 feet; THENCE South 59 degrees 20 minutes 26 seconds East,continuing along the Northerly line of said Tract"K", a distance of 317.41 feet to the Northeasterly comer of said Tract"I"; THENCE South 59 degrees 20 minutes 26 seconds East, along the Easterly line of said Tract"I", a distance of 91.04 feet to the Southeasterly corner of saidTract"I",saidpoint also being the Northeasterly corner of said Tract"P"; THENCE South 59 degrees 20 minutes 26 seconds East, along the Easterly lime of said Tract"P", a distance of41.55 feet; THENCE South 38 degrees 57 minutes 36 seconds East,continuing along the Easterly line of said Tract"P",.a distance of 44.46 feet to the Southeasterly corner of said Tract"P'; THENCE ' South 83 degrees 07 minutes 30 seconds West,along the Southerly line of said Tract"P", a distance of 134.36 feet; THENCE North 79 degrees 22 minutes 24 seconds West,continuing along the Southerly line ofsaid Tract"P",a distance of 110.32 feet; THENCE South 87 degrees 38 minutes 26 seconds West,continuing along the Southerly line ofsaid Tract"P", a distance of 10297 feet; THENCE South 32 degrees 50 minutes 41 seconds West,continuing along the Southerly line ofsaid Tract "P"., a distance of 49.85 feet to the Southwesterly corner of said Tract "P",said point being on the Easterly Right-of-Way Line of Eagle Ridge Drive,as shown on"MAP OF DEDICATION FOR EAGLE RIDGE DRIVE" as recorded in Book 465 of Maps, • Page 16 of Official Records of Maricopa County, Arizona, said point also being on a . curve concave Southwesterly,having a radius of 2035.00 feet and a radial bearing of South 68 degrees 13 minutes 42 seconds West; THENCE Northwesterly,along the Westerly line ofsaid Tract"P"and along the Easterly Right-of- Way Line of said Eagle Ridge Drive,along the arc of said curve,through a central angle of 00 degrees 30 minutes 13 seconds and an arc distance of 17.89 feet; THENCE North 24 degrees 39 minutes 29 seconds East,continuing along the Westerly line of said • Tract"P"and along the Easterly Right-of-Way Line of said Eagle Ridge Drive,a distance o f 3 0.60 feet to the Northwesterly conger of said Tract"P",said point being the beginning of a non-tangent curve concave Southeasterly,having a radius of 310.00 feet and a radial bearing of South 18 degrees 10 minutes 17 seconds East; • Sheet 1 of 4 JAN-27-2003 13:34 COS COMMUNITY DEU. 490 3127091 P.05 • THENCE Northeasterly, along the Northerly line of said Tract"P"and along the Easterly Right-of- Way Line of said Eagle Ridge Drive, along the arc of said curve through a central angle of 00 degrees 57 minutes 31 seconds and an arc distance of 5.19 feet to the Southwesterly corner of said Tract "T'; THENCE North 25 degrees 49 minutes 41 seconds West,along the Westerly line of said Tract"I" and along the Easterly Right-of-Way Line of said Eagle Ridge Drive,a distance of 80.73 feet to the Northwesterly corner of said Tract "J", said point also being the Southerly Southwesterly corner of said Tract"K"; THENCE North 65 degrees 11 minutes 12 seconds West,continuing along the Westerly line of said Tract "K" and along the Easterly Right-of-Way Line of said Eagle Ridge Drive, a distance of 32.99 feet to the Westerly Southwesterly corner of said Tract"K"; THENCE North 22 degrees 14 minutes 49 seconds West,continuing along the Westerly line of said Tract "K" and along the Easterly Right-of-Way Line of said Eagle Ridge Drive, a distance of 307.65 feet to a point on the beginning of a tangent curve concave • Northeasterly,having a radius of 765.00 feet and a radial bearing ofNorth 67 degrees 45 minutes 11 seconds East; THENCE Northwesterly, continuing along the Westerly line of said Tract "K" and along the Easterly Right-of-Way Line of said Eagle Ridge Drive, along the arc of said curve, through a central angle of 06 degrees 08 minutes 25 seconds and an arc distance of 81.98 feet returning to the POINT OF BEGINNING, Containing 1.69 acres or 73,545 square feet,more or less. • ,: BASIS OF BEARINGS North 22 degrees 14 minutes 49 seconds West along the Monument Line of Eagle Ridge Drive(adjacent to Tract "K") as shown on Plat of "CORDILLERA AT COPPERWYND", Book 483 of Maps, Page 08, Maricopa County Recorder-and as shown on "MAP OF DEDICATION FOR EAGLE RIDGE DRIVE", Book 465 of Maps, Page 16,Maricopa County Recorder. Reference is hereby made to the attached Exhibit B drawings. LAND v��G+tT � . Q cam,rr.:40 o' Sheet 2 of 4 t 7 1237.1 BOI 04/10/02 GT/REC:bls TOTAL P.05