Prop 207 Waiver

City of Glendale — Regular Meeting (2022-09-27)

View PDF Item 33 Meeting page

Extracted text (via ocr_local) 3657 characters
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PROPOSITION 207 WAIVER DISCLOSURE STATEMENT

In November 2006, the voters of Arizona approved Proposition 207. One of the impacts
of this law is to allow property owners to make a claim for compensation for the enactment
of certain land use laws that devalue their property. The law also allows for waivers to be
filed by the property owners to waive their ability to file for a claim of diminished property
values due to a land use action.

When a piece of property is annexed into the City of Glendale, the property becomes
subject to the City’s land development requirements. These are typically stricter than
those in the County. At the time of annexation or within six (6) months, the City must
establish zoning for the annexed property that is comparable to the zoning permitted in
Maricopa County. Although the City establishes comparable zoning for the annexed
property, this may, from some perspective, appear to cause a reduction in property
values.

To avoid some claims that could come after annexation from subsequent application of
city zoning and other land use regulations, the City is requesting property owners within
a proposed annexation to sign a waiver that will cover future application of city zoning
and other land use regulations. In cases where less than 100% of the property owners
have signed the waiver, staff will recommend denial of the annexation application in order
to avoid a Proposition 207 claim. Staff will also recommend denial of an annexation
without 100% support from the property owners. Support by property owners will be
demonstrated as signatures on the petition. However, without 100% of signatures on
either the petition or waiver, the applicant will still have the opportunity to be heard by
Council, should the applicant choose to do so.

In cases where more than one parcel is included in the proposed annexation, the
applicant will be required to provide either a certified copy of the deed or a legal
description for each parcel included in the annexation case. The Proposition 207 Waiver
must be notarized for it to be accepted by the City. If the Glendale City Council denies
the annexation, the property owner is released from this consent and waiver.

RC

Enclosure

City of Glendale
Municipal Complex e 5850 West Glendale Avenue « Glendale, Arizona 85301-2599 / Phone (623) 930-2000
www.glendaleaz.com

CONSENT TO CONDITIONS/WAIVER FOR DIMINUTION OF VALUE
(Property Owned by One or More Entities)

The undersigned is the owner of the parcel of land described in Attachment 1 hereto that
is the subject of Rezoning Application No. ZON22-11 .

By signing this document, the undersigned owner(s) agree(s) and consent(s) to all the
conditions imposed by the City of Glendale in conjunction with the approval of Rezoning
Application No. ZON22-11__, acknowledges that the approval of Rezoning Application
No. ZON22-11 might affect current or existing rights to use, divide, sell or possess
the subject property, and waives any right to compensation for diminution in value
pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a
result of the approval of Rezoning Application No. ZON22-11__.

Dated this /l day of Lech ,2022.

owner: (edna) Land Holdtgs TL, ¢ ‘a

{Entity name_and descriptions

By:

ALK Baile

[Print Name]

Its: Monger
[Title] J

utah
STATE OF ARONA )
Selfloke )ss.
County of Maricopa )

This instrument was acknowledged before me this L\ day of

AW pacch) , 20 R2Qby edssaetek “Bal Bee

Notary Public

My Commission Expires:

Notary Public - State of Utah

ou Loa Qor2D, eo JANA WALLACE

Comm. No. 699953
My Commission Expires on
Apr 12, 2022