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OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER STEPHEN RICHER 20230156680 03/29/2023 ELECTRONIC RECORDING ORD20180323-5-1-1-- Yorkm ORDINANCE NO. 2018-0323 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF AVONDALE BY ANNEXING THERETO A PORTION OF RIGHT OF WAY AND ROADWAY; GENERALLY LOCATED ALONG THE SOUTHWEST CORNER OF LOWER BUCKEYE ROAD AND EL MIRAGE ROAD. WHEREAS, the City of Avondale (the “City), and Maricopa County (the “County”) entered into an intergovernmental agreement, approved and accepted by the City of Avondale on May 10, 2021 and recorded as document 2021-0580798 in the records of the Maricopa County Recorder pertaining to the financing, planning, construction, maintenance and eventual annexation by the City, of Lower Buckeye Road from South 124th Avenue to the intersection with El Mirage Road; and WHEREAS, it is the desire of the Council of the City of Avondale (the "City Council") to annex a portion of the southwest corner of Lower Buckeye Road and El Mirage Road for future traffic signal intersection improvements; and WHEREAS, Ariz. REV. STAT. § 9-471(O) allows for the annexation of county right-of- way into an adjacent city if the property to be annexed is adjacent to the city for the entire length of the annexation and if the city and the county each approve the proposed annexation as a published agenda item at a regular public meeting of their respective governing bodies; and WHEREAS, the property proposed for annexation (i) consists of Maricopa County right- of-way and roadway and (ii) is adjacent to the City for its entire length; and WHEREAS, this Ordinance has been duly posted as an agenda item at a regular meeting of the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVONDALE as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The parcel of land in Maricopa County, Arizona, an area bounded by 618.90 feet west of El Mirage Road and 205.13 feet south of Lower Buckeye Road, totaling approximately + 0.75 acres, generally located between South 124th Avenue and El Mirage Road, 09:12 20230156680 as more fully described and depicted in Exhibit A, attached hereto and incorporated herein by reference (the “Annexation Area”), is hereby annexed into the corporate boundaries of the City of Avondale. SECTION 3. The City Clerk is hereby authorized and directed to file with the Maricopa County Recorder’s Office a fully executed copy of this Ordinance, together with an accurate map of the Annexation Area. SECTION 4. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. The Mayor, the City Manager, the City Clerk and the City Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Council of the City of Avondale, Arizona, March 6, 2023. ken (Mar 13, 2023 08:36 PDT) Kenneth N. Weise, Mayor ATTEST: XX eae Marcella Carrillo, City Clerk APPROVED: Nicholle Harri¢: Nicholle Harris (Mar 7, 2023 08:52 MST) Nicholle Harris, City Attorney 20230156680 EXHIBIT A TO ORDINANCE 2018-0323 [Legal Description and Map of Annexation Area] See following pages. 20230156680 EXHIBIT “A” ANNEXATION OF THE SOUTHWEST CORNER OF EL MIRAGE ROAD AND LOWER BUCKEYE ROAD RIGHT OF WAY IN MARICOPA COUNTY, STATE OF ARIZONA A Parcel of Land in the Northeast Quarter (NE 1/4) of Section Twenty-Three (23), Township One (1) North, Range One (1) West, of the Gila & Salt River Meridian, Maricopa County, Arizona and being more particularly described as follows: Commencing at a found brass cap in Hand Hole at the Northeast Corner (NE) of Section Twenty-Three (23) of Township One (1) North Range One (1) West. Also being the Intersection of El Mirage Road and Lower Buckeye Road. from which a Found Brass Cap in Hand Hole at the North Quarter Corner (N1/4) of said Section 23, bears North 89°06’50” West, a distance of 2,595.68 feet based on Field measurement between the two points. Also, the said Northeast Section corner is the point of Beginning; THENCE South 01 degrees 08 minutes 23 seconds East, a distance of 205.13 feet along the East line of Section 23 also being the Centerline of El Mirage Road; THENCE Departing Said Line North 89 degrees 06 minutes 50 seconds West, a distance of 55.03 feet; THENCE North 01 degrees 08 minutes 23 seconds West a distance of 150.09 feet; THENCE North 89 degrees 06 minutes 50 seconds West a distance of 269.25 feet; THENCE North 01 degrees 03 minutes 56 seconds West a distance of 22.01 feet; THENCE North 89 degrees 06 minutes 50 seconds West a distance of 294.69 feet; THENCE North 01 degrees 03 minutes 56 seconds West a distance of 33.03 feet; THENCE South 89 degrees 06 minutes 50 seconds East a distance of 618.90 feet to the Point of Beginning; Except that portion of land as described in City of Avondale Ordinance 347 Document No: 1984304552; Containing 32,887.39 sqft or 0.75 acres more or less Prepared by: Thomas Lavalette, RLS. AZ # 37258 Engineering Alliance, Inc. 1423 S. Higley Rd., Suite 121, Building 9 Mesa, Arizona 85206 Phone: (602) 757-6032 Email: tlavalette@eaincglobal.com THOMAS E. < LAVALETIE ‘v 2, wy &> > ‘vires O37 20230156680 EXHIBIT "A" | POINT OF COMMENCING NE. CORNER SECTION 23 - —-- J (BASIS OF BEARING) N89° 06' 50"W 2595.68" 618.90' la FND BRASS CAP IN HH | ¢ | ROAD TIN RiW [ | Ww FND BRASS 4| 4: 294.69 L1f Ngg9° 06’ 50"wW zo CAP INHH || 2! 3 >! ue = <x | a) in oO ” Ir; x< < Ke) ON E | 3 2 38 | 29% z Ne 1 S rosy ow oo SY i =| i w& w ance) IQ o 0 boot 1 o oO 3} Os = o | 3 3 ) BZ © ) 2 N89° 06' 50"W | Zz Zz 55.03 | og <x <x 55' ROW > S | | © LEGEND | 9 5' CITY OF AVONDALE | & Z ; (Lid ORDINANCE 347 APN: | = DOCKET 1984304552 500-65-007A i a 40' ROW $a | 7) ! LINE TABLES J LINES LENGTHS BEARING L1 22.01' NO1° 03" 56"W FIND BRASS L2 33.03" NO1° 03" 56"W CAP FLASH Zz 9 PROJECT: 2022-M-031 7 DATE: 1-11-2023 CHKD BY: TL DRN BY: BL SCALE: N.T.S. TITLE: EA ANNEXATION OF LOWER rao BUCKEYE AND EL MIRAGE SCALE: SS 4 COUNTY ROAD NTS ‘Wires sjsu ENGINEERING ALLIANCE Inc SHEETNO: 1 OF 1