Vote: adopted

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61. ROAD DE-ANNEXATION FROM CITY OF PEORIA TO MARICOPA COUNTY Pursuant to A.R.S. §9-471.03(D), set a hearing for February 18, 2015 to determine if the public interest is served by de-annexing road right-of-way from City of Peoria jurisdiction to Maricopa County in accordance with Peoria Ordinance No. 2014-32. Also, for the hearing, direct MCDOT to prepare an analysis of the requested action. Right-of-way location: 99th Avenue from North of Olive Avenue to Peoria Avenue. At the hearing, if after reviewing the analysis and hearing those that may appear for or against the action, the Board determines that the public interest is served by this de-annex/annexation action, the Board shall file in the Clerk of the Board’s Office an ordinance setting forth the legal description of the public right-of-way and declare the return of the right-of-way contingent on the fulfillment of the additional conditions of the statute which would include setting a second public hearing on this matter. MCDOT Analysis: The City of Peoria annexed a land area east of a line 40’ east of the 99th Avenue section line on May 23, 1963. On November 21, 1966, The Board of Supervisors, adopted a resolution declaring 99th Avenue to 65 feet east of the 99th Avenue section line for a road improvement project, project 56-372. A 25 foot strip of the roadway declared was in Peoria jurisdiction. By declaration of 99th Avenue, the operation and maintenance of the 25’ strip in Peoria jurisdiction was assumed by Maricopa County. The Department of Transportation has maintained the entire width of 99th Avenue to 65’ east of the 99th Avenue section line since the construction of the MCDOT road improvement project. Since a 25 foot portion of 99th Avenue lies within City of Peoria jurisdiction, Peoria and MCDOT have agreed that it is in the best interest of both parties to de-annex from the City of Peoria that portion lying within the 99th Avenue corridor that is maintained by MCDOT to avoid confusion between the two entities as to which is responsible for the road maintenance, regulation and policing as well as a benefit to the public by making it easier to determine which entity to contact regarding issues related to the road. Also, since MCDOT is currently maintaining the road in question, there would not be additional financial burden due to this action beyond what it already has. MCDOT would assume full liability in the de-annexed strip as the City of Peoria would no longer be the jurisdiction of record. Supervisory District No. 4 (C-64-15-072-M-00)

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Vote: approved

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7. ROAD DE-ANNEXATION FROM THE CITY OF PEORIA TO MARICOPA COUNTY Pursuant to A.R.S. § 9-471.03 to determine if the public interest is served by de-annexing road right-of-way from City of Peoria jurisdiction to Maricopa County in accordance with Peoria Ordinance No. 2014-32, and the analysis of the impact of the requested de-annexation. Right-of-way location: 99th Avenue from North of Olive Avenue to Peoria Avenue. After reviewing the analysis and hearing those that may appear for or against the request, if the Board determines that the public interest is served by this de-annex/annexation action, a vote of approval shall direct the following: 1. File an ordinance setting forth the legal description of the public right-of-way and declaring the return of the right-of-way contingent on the fulfillment of the additional conditions of the statute in the Office of the Clerk of the Board. 2. Pursuant to ARS § 9-471.03(F), set a public hearing for March 25, 2015 to de-annex road subject right-of-way from City of Peoria jurisdiction to Maricopa County, in accordance with Peoria Ordinance No. 2014-32, and the Ordinance approved by the Board of Supervisors on this date. 3. Send notice of the date, time and place of the hearing on the requested action to each owner of real property subject to taxation adjacent to the subject public right-of-way at least twenty (20) days prior to the hearing. Legal description of the roadway to be de-annexed, identified as Exhibit "A", is attached. Analysis of this requested action: The City of Peoria annexed land area east of a line 40’ east of the 99th Avenue section line on May 23, 1963. On November 21, 1966, The Board of Supervisors, adopted a resolution declaring 99th Avenue to 65 feet east of the 99th Avenue section line for a road improvement project, project 56-372. A 25 foot strip of the roadway declared was in Peoria jurisdiction. By declaration of 99th Avenue, the operation and maintenance of the 25’ strip in Peoria jurisdiction was assumed by Maricopa County. The Department of Transportation has maintained the entire width of 99th Avenue to 65’ east of the 99th Avenue section line since the construction of the MCDOT road improvement project. Since a 25 foot portion of 99th Avenue lies within City of Peoria jurisdiction, Peoria and MCDOT have agreed that it is in the best interest of both parties to de-annex from the City of Peoria that portion lying within the 99th Avenue corridor that is maintained by MCDOT to avoid confusion between the two entities as to which is responsible for the road maintenance, regulation and policing as well as a benefit to the public by making it easier to determine which entity to contact regarding issues related to the road. Also, since MCDOT is currently maintaining the road in question, there would not be additional financial burden due to this action beyond what it already has. MCDOT would assume full liability in the de-annexed strip as the City of Peoria would no longer be the jurisdiction of record. Supervisory District No. 4 (C-64-15-072-M-01)

Attachments (3)

Vote: approved

Item Text

7. ROAD DE-ANNEXATION FROM THE CITY OF PEORIA TO MARICOPA COUNTY Pursuant to A.R.S. §9-471.03 regarding the de-annexation of right-of-way from City of Peoria jurisdiction to Maricopa County. Right-of-way location: 99th Avenue from North of Olive Avenue to Peoria Avenue. The Board of Supervisors determined at a public hearing on February 18, 2015 that such action would be in the public interest and has complied with the additional requirements of ARS §9-471.03. If approved, the Board of Supervisors: 1. Orders that the public right-of-way be returned as specified in Peoria’s Ordinance No. 2014-32, returning the public right-of-way to Maricopa County. 2. Pursuant to ARS §9-471.02, directs the Clerk of the Board to notify the City of Peoria that the Board of Supervisors order regarding the de-annexation of the public right-of-way was approved, and 3. Directs the Clerk of the Board to certify a copy of the order of the Board and file it for record in the Office of the County Recorder. Analysis of this requested action: The City of Peoria annexed land area east of a line 40’ east of the 99th Avenue section line on May 23, 1963. On November 21, 1966, The Board of Supervisors, adopted a resolution declaring 99th Avenue to 65 feet east of the 99th Avenue section line for a road improvement project, project 56-372. A 25 foot strip of the roadway declared was in Peoria jurisdiction. By declaration of 99th Avenue, the operation and maintenance of the 25’ strip in Peoria jurisdiction was assumed by Maricopa County. The Department of Transportation has maintained the entire width of 99th Avenue to 65’ east of the 99th Avenue section line since the construction of the MCDOT road improvement project. Since a 25 foot portion of 99th Avenue lies within City of Peoria jurisdiction, Peoria and MCDOT have agreed that it is in the best interest of both parties to de-annex from the City of Peoria that portion lying within the 99th Avenue corridor that is maintained by MCDOT to avoid confusion between the two entities as to which is responsible for the road maintenance, regulation and policing as well as a benefit to the public by making it easier to determine which entity to contact regarding issues related to the road. Also, since MCDOT is currently maintaining the road in question, there would not be additional financial burden due to this action beyond what it already has. MCDOT would assume full liability in the de-annexed strip as the City of Peoria would no longer be the jurisdiction of record. Supervisory District No. 4 (C-64-15-072-M-02)

Attachments (4)