Attachment A - Draft Ordinance - Annexation 526.pdf

ATTACHMENT A 
 
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL, 
ADOPTED ORDINANCE 
 
 
 
 
 
 
ORDINANCE G- 
 
AN ORDINANCE AMENDING THE CODE OF THE CITY OF 
PHOENIX, ARIZONA, PART II, CHAPTER 41, THE ZONING 
ORDINANCE OF THE CITY OF PHOENIX, BY AMENDING 
SECTION 601, THE ZONING MAP OF THE CITY OF PHOENIX, BY 
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE 
ANNEXED PARCEL DESCRIBED HEREIN (35TH AVENUE AND 
ELLIOT ROAD ANNEXATION, NO. 526) FROM COUNTY R-3 TO 
CITY’S R-3 (MULTIFAMILY RESIDENCE DISTRICT). 
 
____________ 
 
 
 
WHEREAS, on June 28, 2023, via Ordinance S-50028, the City of Phoenix 
annexed an approximately 2.63-acre property located at the northwest corner of 35th 
Avenue and the Elliot Road alignment, in a portion of Section 10, Township 1 South, 
Range 2 East, as described more specifically in “Exhibit A” and incorporated herein 
by this reference; and, 
WHEREAS, as required by A.R.S. § 9-471.L, the City of Phoenix is 
required to adopt zoning districts on the subject parcel to permit uses and densities no 
greater than those allowed by the prior County zoning district; and, 
WHEREAS, immediately prior to annexation the zoning applicable to this 
territory was Maricopa County’s R-3 zoning district; and 
WHEREAS, the City’s R-3 (Multifamily Residence District) zoning district is 
equivalent to Maricopa County's R-3 zoning district;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 
OF PHOENIX, as follows: 
SECTION 1. The approximately 2.63-acre property located at the 
northwest corner of 35th Avenue and the Elliot Road alignment, in a portion of Section 
10, Township 1 South, Range 2 East, which is described in “Exhibit A” and depicted in 
“Exhibit B” has been annexed to the City of Phoenix, and the present corporate limits of 
the City have been extended and increased to include such property. 
SECTION 2. Pursuant to A.R.S. §9-471(L), the property depicted in Exhibit 
B is hereby removed from Maricopa County's R-3 zoning district and placed into the 
City’s R-3 (Multifamily Residence District) zoning district. This zoning designation shall 
take effect thirty days after this Ordinance is adopted, without further action by the City 
Council, and 
SECTION 3. The City Clerk shall cause a copy of this Ordinance, together 
with “Exhibit A” and “Exhibit B” to be filed and recorded in the Records of the Office of 
the Maricopa County Recorder, and 
SECTION 4.  The Planning and Development Director is instructed to 
modify The Zoning Map of the City of Phoenix to reflect this use district classification 
change as shown in “Exhibit B.” 
SECTION 5. 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 hereof.  
PASSED by the Council of the City of Phoenix this 20th day of September, 
2023.

________________________________ 
 
 
 
 
 
 
 
 
 
       MAYOR  
 
 
 
 
 
 
ATTEST:  
 
 
_________________________  
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Julie Kriegh, City Attorney 
 
 
By: 
_________________________  
_________________________ 
 
 
REVIEWED BY:  
 
 
_________________________  
Jeffrey Barton, City Manager 
 
 
 
 
 
Exhibits: 
A – Legal Description (1 Page) 
B – Ordinance Location Map (1 Page)

35TH AVENUE AND ELLIOT ROAD ANNEXATION 
Legal Description 
Exhibit A 
 
That part of the Northeast quarter of Section 10, Township 1 South, Range 2 
East, G&SRB&M, Maricopa County, Arizona as conveyed by Document No. 2012-
0704807 in the office of the recorder of Maricopa County, Arizona, described as follows:  
COMMENCING at the Northeast corner of said Section 10;  
thence South 00 degrees 12 minutes 54 seconds East, along the East line of the 
Northeast quarter of said Section 10, a distance of 957.80 feet to a point on the 
boundary annexed by City of Phoenix Ordinance No. G-2996, recorded in Document No. 
1987-0322046 in the office of the recorder of Maricopa County, Arizona, said point also 
being the TRUE POINT OF BEGINNING; 
thence, departing said boundary of Ordinance No. G-2996, South 00 degrees 12 
minutes 54 seconds East along the East line of the Northeast quarter of said Section 10, 
a distance of 495.03 feet to a point on the North right of way of the Western Canal;  
thence South 89 degrees 39 minutes 12 seconds West along said North right of 
way line, a distance of 291.79 feet to a point on said boundary of Ordinance G-2996;  
thence along the following 6 courses of said boundary of Ordinance No. G-2996;  
thence North 10 degrees 28 minutes 04 seconds West, a distance of 284.59 feet 
to a point;  
thence North 00 degrees 37 minutes 36 seconds East, a distance of 92.00 feet to 
a point;  
thence South 89 degrees 20 minutes 45 seconds East, a distance of 160.57 feet 
to a point of curvature;  
thence Northeasterly along the arc of a curve concave Northwesterly with a Delta 
of 54 degrees 46 minutes 45 seconds, and a radius of 82.44 feet, a distance of 78.82 
feet to a point of tangency;  
thence North 35 degrees 52 minutes 31 seconds East, a distance of 42.62 feet to 
a point of curvature;  
thence Northeasterly along the arc of a curve concave Southeasterly with a Delta 
of 40 degrees 58 minutes 40 seconds and a radius of 149.85 feet, a distance of 107.17 
feet to the TRUE POINT OF BEGINNING.  
 
EXCEPTING the East 33.00 feet thereof for roadway; and  
EXCEPTING any portion lying within plat recorded in Book 683 of Maps,  
 
page 11; and EXCEPT any portion lying with the Western Canal as described in Book 
113 of Deeds, page 54 and as shown on results of survey recorded in Book 581 of 
Maps, page 49 of Official Records. 
 
 
Area = 2.628 Acres 
 
Area = 0.0041 Sq. Miles