AVONDALE ORDINANCE - 2019-0323.PDF

OFFICIAL RECORDS OF

MARICOPA COUNTY RECORDER

STEPHEN RICHER
20230156230 03/28/2023

ELECTRONIC RECORDING

ORD20190323-6-1-1--
amine

ORDINANCE NO. 2019-0323

AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA, REPEALING ORDINANCE 2068-1222 AND 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 LOWER BUCKEYE ROAD
EAST OF LITCHFIELD ROAD.

WHEREAS, the Council of the City of Avondale (the “City Council”) adopted
Ordinance No. 2068-1222 on December 5, 2022, annexing a portion of Maricopa County
(“County”) right-of-way and roadway generally located along Lower Buckeye Road east of
Litchfield Road (the “Original Ordinance”); and

WHEREAS, the legal description included in the Original Ordinance did not accurately
describe and depict the right-of-way and roadway being annexed; and.

WHEREAS, the City Council desires to correct the error in the Original Ordinance by
repealing the Original Ordinance and annexing the County right-of-way and roadway with the
correct legal description; 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 (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. Ordinance No. 2068-1222 is hereby repealed.

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SECTION 3. The parcel of land in Maricopa County, Arizona, generally located along
Lower Buckeye Road east of Litchfield Road, as more particularly and correctly described in
Exhibit A and depicted in Exhibit B attached hereto and incorporated herein by reference (the
“Annexation Area”), is hereby annexed into the corporate boundaries of the City of Avondale.

SECTION 4. 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 5. If any provision of this Ordinance is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision of 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 6. The Mayor, the City Manager, the City Clerk and the City Attorney are
hereby authorized and directed to take all steps and to execute all documents necessary to carry
out the purpose and intent of this Ordinance.

PASSED AND ADOPTED by the Council of the City of Avondale,
March 6, 2023.

kenn Weise (Mar 13, 2023 08:36 PDT)

Kenneth N. Weise, Mayor

ATTEST:

Marcella Carrillo, City Clerk

APPROVED AS TO FORM:

Nicholle Harris

Nicholle Harris (Mar 7, 2023 08:52 MST)

Nicholle Harris, City Attorney

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EXHIBIT A
TO
ORDINANCE NO. 2019-0323

[Legal Description of Annexation Area]

See following pages.

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EXHIBIT “A”

LEGAL DESCRIPTION FOR COUNTY RIGHT OF WAY

A portion of the Southwest quarter of the Southeast quarter (SW4 SE4) of Section 15 and also of the
North half of Section 22. All in Township 1 North, Range 1 West of the Gila & Salt River Meridian,

Maricopa County, Arizona and described as follows:

The South 33.00 feet of the Southwest quarter of the Southeast quarter of Section 15; and
The North 33.00 feet of the North half of Section 22, EXCEPT the West 13.00 feet and the East

1,360.00 feet thereof.

The above described parcels contain 3.9791 Acres more or less.

Page | of 1
CITY OF AVONDALE
Prepared By
Maricopa County Real Estate Department

1935878.2

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EXHIBIT B
TO
ORDINANCE NO. 2019-0323
[Map of Annexation Area]

See following pages.

A-2

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1 1 W W
Exhibit "B
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Sec 15 & 22 TIN, R1W
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9 NW Cor Sec 22 3
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=
Avondale
ORD# 330
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Avondale |
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| | | | ORD# 336
| | |
| Avondale | |
| ORD# 291 |
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ORD# 330 | |
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Total Area: 3.9791 acres
CITY OF AVONDALE
Prepared by: Maricopa County Real Estate Department SHT 1 of 1