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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: 4 q"' 1; e -d I � _7 Jay 04urn, Mayor REVIEWED BY: Richard L. Da wn manager 446005.1 2 ATTESTED TO: At APP ED AS TO FORM: ( j k�'� Andrew J. McGuire.., Town Attorney E KM BIT A TO ORDINANCE NO. 09-04 [Legal Description and Map of the Property] Sea following page. 94M.r w TOWN OF FOUNTAIN HILLS REZONING (R1 -35 TO R1 -35H) EXHIBIT "A" FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 506—C, BLOCK 2, LOT 29 o 32 31 30 ' �♦ ♦♦ DD .�0�ao ♦ ♦ 3 5 5 � � �1 1pg• O uT*�j.� � ♦ QJ P�, BLOCK 2 ♦♦♦ ♦�` LOT 29 A o2410'31' • �' R a 775.00' .Cp L o 327.00' ♦ t 28 9 N W E s 10 � 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 gs3sx2. o 2 TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By: Richard L. Davis, Town Manager ATTEST: EQ / ..tt 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' 28 9 N W E S o too 10 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. 61 31 ` �`� .0 of � �� 30 c 35 5 v� 6 O� BLOCK 2 LOT 29 0 =2410'31 R - 775.00' .8• 8 L s 327.00' 28 9 N W E S o too 10 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. 61