Ordinance 24-26 Updated.pdf
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1 WHEN RECORDED, RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 24-26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF BUCKEYE, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK TO TAKE ANY AND ALL ACTION NECESSARY TO ACQUIRE FEE TITLE, OR A LESSER INTEREST IN, INCLUDING BUT NOT LIMITED TO EASEMENTS FOR PUBLIC UTILITIES, DRAINAGE, AND/OR CONSTRUCTION, AS NEEDED, TO CERTAIN REAL PROPERTY INCLUDING ANY ASSOCIATED PERSONAL PROPERTY, AS A MATTER OF PUBLIC NECESSITY BY (1) DEDICATION, (2) DONATION, (3) PURCHASE, (4) EXCHANGE, OR (5) EXERCISE OF THE POWER OF EMINENT DOMAIN; AND TO SIGN ANY DOCUMENTS AND ENTER INTO ANY CONTRACTS NECESSARY TO EFFECT THE PURPOSES OF THIS ORDINANCE; TO TAKE ANY AND ALL OTHER ACTION AS IS LEGALLY NECESSARY TO ACQUIRE FEE TITLE OR AN EASEMENT INTEREST IN, TO AND FOR ALL NECESSARY RIGHTS OF WAY OR ROADWAY GENERALLY LOCATED AT THE NORTHEAST CORNER AND THE SOUTHEAST CORNER OF WATSON ROAD AND BROADWAY ROAD, WITHIN SECTIONS 22 AND 27, TOWNSHIP 1 NORTH, RANGE 3 WEST, GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. WHEREAS, pursuant to A.R.S. § 9-241(A), a municipal corporation may purchase, receive, hold, lease and convey property, real and personal, as may be necessary or proper to carry out the purposes of the corporation, within or without its limits; and WHEREAS, pursuant to A.R.S. §§ 9-240, 9-276, and 12-1111 et seq., a city may exercise its power of eminent domain to acquire any property necessary or convenient for the purpose of laying out, establishing, improving and regulating the use of streets, alleys, avenues, sidewalks, parks, public grounds and off-street parking sites; and WHEREAS, the City Council of the City of Buckeye (“City”) has identified certain real property generally located along the along the Northeast corner and the Southeast corner of Watson Road and Broadway Road, within Sections 22 and 27, Township 1 North, Range 3 West, Gila and Salt River Base and Meridian, Maricopa County, Arizona, with reputed Assessor’s Parcel Numbers: 502-22-020 and 502-42-001B, as legally described and depicted on Exhibit 1 to Exhibit 2, attached hereto and incorporated herein by this reference (the “Property”), as necessary for the construction, and/or expansion of roadway improvements, public utilities, and related public uses and public facilities; and WHEREAS, the City has determined and does hereby find that the acquisition of the Property for the construction, and/or expansion of roadway improvements, public utilities, and related public uses and public facilities is a necessary public use and will benefit the health, safety and convenience of the City’s residents; and 2 WHEREAS, the City has authorized the expenditure, and has expended considerable public funds for the appraisal, purchase, and acquisition of real property and any necessary and associated easements; and WHEREAS, the City has acquired, will acquire, and/or currently owns real property and/or easements within the general area of and/or adjacent to the Property; and WHEREAS, the City Manager, City Attorney, and City Clerk may, and are hereby authorized to initiate condemnation proceedings to acquire fee title to the Property and any associated personal property needed for the construction, and/or expansion of roadway improvements, public utilities, and related public uses and public facilities. BE IT ORDAINED by the Mayor and Council of the City of Buckeye, Arizona, as follows: Section 1. The foregoing recitals are incorporated as if fully set forth herein. Section 2. That it is deemed necessary and essential as a matter of public health, safety and convenience for the City of Buckeye that the City acquire by dedication, donation, purchase, or eminent domain, all real and/or personal property and necessary or associated easements needed for the construction, and/or expansion of roadway improvements, public utilities, and related public uses and public facilities situated generally at the Northeast corner and the Southeast corner of Watson Road and Broadway Road, within Sections 22 and 27, Township 1 North, Range 3 West, Gila and Salt River Base and Meridian, Maricopa County, Arizona. Section 3. That, in the event the City is unable to acquire the Property and/or easement(s) by dedication, donation, or purchase, then acquisition by the City’s power of eminent domain is hereby authorized in order to acquire fee title to the Property along with any associated interests or easements. Section 4. That the City Manager, City Attorney, and City Clerk are hereby authorized to take all legal action necessary to acquire fee title to the Property, along with any associated interests or easements, including the right of immediate possession, by filing an action in eminent domain and/or otherwise executing and/or submitting all documents necessary or desirable for the City to acquire fee title to the Property. Section 5. That the duly-authorized finance officers or disbursing agents of the City are hereby authorized to pay all sums necessary to acquire fee title and any necessary or associated interests and easements in or to the Property including but not limited to, payment of all associated fees and costs for the purchase of any necessary title reports, litigation guarantees, title insurance, title policies, appraisal reports, appraisal review services, escrow fees and services, and/or closing costs, necessary for the acquisition of the Property. 3 PASSED AND ADOPTED by the Mayor and Council of the City of Buckeye, Arizona, this 17th day of February, 2026. _____________________________ Eric W. Orsborn, Mayor ATTEST: ____________________________ Lucinda J. Aja, City Clerk APPROVED AS TO FORM: ____________________________ Tosca G. Henry, City Attorney Attachments Exhibits 1 through 2 -- Legal descriptions and Depictions of Properties to be acquired Exhibit 1 Legal Descriptions and Depictions of Properties APN 504-22-020 (consisting of 6 pages) Exhibit 2 Legal Descriptions and Depictions of Properties APN 504-42-001B (consisting of 8 pages) Scale Drawn by KEG N/A Checked by Date Project No. Sheet No. CWH 02/12/2026 191342039 1 OF 2 Tel. No. (602) 837-5511 A PORTION OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27 FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS SOUTH 89°59'05" EAST, A DISTANCE OF 2648.97 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 27, SOUTH 89°59'05" EAST, A DISTANCE OF 33.17 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00˚00’55” WEST, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°59'05" EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 836.37 FEET; THENCE SOUTH 00°00'55" WEST, A DISTANCE OF 37.00 FEET; THENCE NORTH 89°59'05" WEST PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 292.79 FEET; THENCE SOUTH 00°00'55" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 89°59'05" WEST PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 543.31 FEET; THENCE NORTH 00°16'58" WEST, A DISTANCE OF 52.00 FEET TO THE POINT OF BEGINNING. CONTAINING 39,092 SQ.FT. OR 0.897 ACRES MORE OR LESS. PHOENIX, AZ 85016 1661 E. CAMELBACK RD, Suite 400 CHAD W. HUBER RLS 35316 1661 E. CAMELBACK RD, SUITE 400 PHOENIX, ARIZONA 85016 PH. 602-837-5511 chad.huber@kimley-horn.com EXHIBIT A LEGAL DESCRIPTION FOR APN 504-42-001B RIGHT OF WAY EXPIRES: 09/30/27 Scale Drawn by KEG N.T.S. Checked by Date Project No. Sheet No. PHOENIX, AZ 85016 1661 E. CAMELBACK RD, Suite 400 Tel. No. (602) 837-5511 CWH 02/12/2026 191342039 2 OF 2 NORTH W 1/4 COR. SEC. 27, T1N, R3W FD. BC S89°59'05"E 2648.97' EXHIBIT B CITY OF BUCKEYE 504-42-001B RIGHT OF WAY EXHIBIT NW COR. SEC. 27, T1N, R3W BCHH POC L2 BROADWAY ROAD DRM FARMS LLC APN 504-42-001B DOC. 19960173745 L1 = S00°00'55"W 33.00' L2 = S89°59'05"E 836.37' L3 = S00°00'55"W 37.00' L4 = N89°59'05"W 292.79' L5 = S00°00'55"W 15.00' L6 = N89°59'05"W 543.31' L7 = N00°16'58"W 52.00' N 1/4 COR. SEC. 27, T1N, R3W FD. BCHH POB R.O.W. N00°16'58"W 2685.47' WATSON ROAD L1 L3 EXPIRES: 09/30/27 CHAD W. HUBER RLS 35316 1661 E. CAMELBACK RD, SUITE 400 PHOENIX, ARIZONA 85016 PH. 602-837-5511 chad.huber@kimley-horn.com 33.17' L4 L5 L6 L7 33' R.O.W. BK. 3 OF ROAD MAPS, PG. 16, MCR 33' R.O.W. BK. 3 OF MAPS, PG. 16, MCR 52' PROPOSED R.O.W. Scale Drawn by KEG N/A Checked by Date Project No. Sheet No. CWH 02/12/2026 191342039 1 OF 3 Tel. No. (602) 837-5511 A PORTION OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART 1: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27 FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS SOUTH 89°59'05" EAST, A DISTANCE OF 2648.97 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 27, SOUTH 89°59'05" EAST, A DISTANCE OF 142.79 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00˚00’55” WEST, A DISTANCE OF 95.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°59'05" EAST, A DISTANCE OF 441.96 FEET; THENCE NORTH 00°00'55" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89°59'05" EAST, A DISTANCE OF 284.79 FEET; THENCE SOUTH 00°00'55" WEST, A DISTANCE OF 70.00 FEET; THENCE NORTH 89°59'05" WEST, A DISTANCE OF 769.68 FEET; THENCE NORTH 37°59'18" EAST, A DISTANCE OF 69.77 FEET TO THE POINT OF BEGINNING. CONTAINING 45,424 SQ.FT. OR 1.043 ACRES MORE OR LESS. TOGETHER WITH; PHOENIX, AZ 85016 1661 E. CAMELBACK RD, Suite 400 CHAD W. HUBER RLS 35316 1661 E. CAMELBACK RD, SUITE 400 PHOENIX, ARIZONA 85016 PH. 602-837-5511 chad.huber@kimley-horn.com EXHIBIT A LEGAL DESCRIPTION FOR APN 504-42-001B TEMPORARY CONSTRUCTION EASEMENT Scale Drawn by KEG N/A Checked by Date Project No. Sheet No. CWH 02/12/2026 191342039 2 OF 3 Tel. No. (602) 837-5511 PART 2: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27 FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS SOUTH 89°59'05" EAST, A DISTANCE OF 2648.97 FEET; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 27, SOUTH 00°16'58" EAST, A DISTANCE OF 85.17 FEET; THENCE LEAVING SAID WEST LINE, NORTH 89˚43’02” EAST, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°59'05" EAST, A DISTANCE OF 107.00 FEET; THENCE SOUTH 37°59'18" WEST, A DISTANCE OF 88.80 FEET; THENCE SOUTH 89°43'02" WEST, A DISTANCE OF 52.00 FEET; THENCE NORTH 00°16'58" WEST, A DISTANCE OF 70.27 FEET TO THE POINT OF BEGINNING. CONTAINING 5,572 SQ.FT. OR 0.128 ACRES MORE OR LESS. TOTAL COMBINED AREA IS 50,996 SQ.FT. OR 1.171 ACRES MORE OR LESS. PHOENIX, AZ 85016 1661 E. CAMELBACK RD, Suite 400 CHAD W. HUBER RLS 35316 1661 E. CAMELBACK RD, SUITE 400 PHOENIX, ARIZONA 85016 PH. 602-837-5511 chad.huber@kimley-horn.com EXHIBIT A LEGAL DESCRIPTION FOR APN 504-42-001B TEMPORARY CONSTRUCTION EASEMENT EXPIRES: 09/30/27 26 02 12 / / Scale Drawn by KEG N.T.S. Checked by Date Project No. Sheet No. PHOENIX, AZ 85016 1661 E. CAMELBACK RD, Suite 400 Tel. No. (602) 837-5511 CWH 02/12/2026 191342039 3 OF 3 NORTH W 1/4 COR. SEC. 27, T1N, R3W FD. BC S89°59'05"E 2648.97' EXHIBIT B CITY OF BUCKEYE 504-42-001B TEMPORARY CONSTRUCTION EASEMENT EXHIBIT NW COR. SEC. 27, T1N, R3W BCHH POC L2 BROADWAY ROAD DRM FARMS LLC APN 504-42-001B DOC. 19960173745 L1 = S00°00'55"W 95.00' L2 = S89°59'05"E 441.96' L3 = N00°00'55"E 15.00' L4 = S89°59'05"E 284.79' L5 = S00°00'55"W 70.00' L6 = N89°59'05"W 769.68' L7 = N37°59'18"E 69.77' L8 = N89°43'02"E 33.00' L9 = S89°59'05"E 107.00' L10 = S37°59'18"W 88.80' L11 = S89°43'02"W 52.00' L12 = N00°16'58"W 70.27' N 1/4 COR. SEC. 27, T1N, R3W FD. BCHH POB TCE PART 1 L5 EXPIRES: 09/30/27 CHAD W. HUBER RLS 35316 1661 E. CAMELBACK RD, SUITE 400 PHOENIX, ARIZONA 85016 PH. 602-837-5511 chad.huber@kimley-horn.com L4 L3 L1 142.79' L6 L7 WATSON ROAD N00°16'58"W 2685.47' 33' R.O.W. BK. 3 OF ROAD MAPS, PG. 16, MCR POB TCE PART 2 85.17' L8 L9 L11 L12 L10 26 02 12 / / Scale Drawn by KEG N/A Checked by Date Project No. Sheet No. CWH 02/12/2026 191342039 1 OF 3 Tel. No. (602) 837-5511 A PORTION OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27 FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 27 BEARS SOUTH 89°59'05" EAST, A DISTANCE OF 2648.97 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 27, SOUTH 89°59'05" EAST, A DISTANCE OF 140.44 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00˚00’55” WEST, A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°59'05" EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 436.31 FEET; THENCE NORTH 00°00'55" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89°59'05" EAST PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 292.79 FEET; THENCE SOUTH 00°00'55" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 89°59'05" WEST, A DISTANCE OF 284.79 FEET; THENCE SOUTH 00°00'55" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 89°59'05" WEST, A DISTANCE OF 441.96 FEET; PHOENIX, AZ 85016 1661 E. CAMELBACK RD, Suite 400 CHAD W. HUBER RLS 35316 1661 E. CAMELBACK RD, SUITE 400 PHOENIX, ARIZONA 85016 PH. 602-837-5511 chad.huber@kimley-horn.com EXHIBIT A LEGAL DESCRIPTION FOR APN 504-42-001B PUBLIC UTILITY EASEMENT Scale Drawn by KEG N/A Checked by Date Project No. Sheet No. CWH 02/12/2026 191342039 2 OF 3 Tel. No. (602) 837-5511 THENCE SOUTH 37°59'18" WEST, A DISTANCE OF 76.04 FEET; THENCE SOUTH 89°43'02" WEST, A DISTANCE OF 10.19 FEET; THENCE NORTH 37°59'18" EAST, A DISTANCE OF 88.80 FEET TO THE POINT OF BEGINNING. CONTAINING 8,059 SQ.FT. OR 0.185 ACRES MORE OR LESS. PHOENIX, AZ 85016 1661 E. CAMELBACK RD, Suite 400 CHAD W. HUBER RLS 35316 1661 E. CAMELBACK RD, SUITE 400 PHOENIX, ARIZONA 85016 PH. 602-837-5511 chad.huber@kimley-horn.com EXPIRES: 09/30/27 EXHIBIT A LEGAL DESCRIPTION FOR APN 504-42-001B PUBLIC UTILITY EASEMENT 26 02 12 / / Scale Drawn by KEG N.T.S. Checked by Date Project No. Sheet No. PHOENIX, AZ 85016 1661 E. CAMELBACK RD, Suite 400 Tel. No. (602) 837-5511 CWH 02/12/2026 191342039 3 OF 3 NORTH W 1/4 COR. SEC. 27, T1N, R3W FD. BC S89°59'05"E 2648.97' EXHIBIT B CITY OF BUCKEYE 504-42-001B PUBLIC UTILITY EASEMENT EXHIBIT NW COR. SEC. 27, T1N, R3W BCHH POC L2 BROADWAY ROAD DRM FARMS LLC APN 504-42-001B DOC. 19960173745 L1 = S00°00'55"W 85.00' L2 = S89°59'05"E 436.31' L3 = N00°00'55"E 15.00' L4 = S89°59'05"E 292.79' L5 = S00°00'55"W 10.00' L6 = N89°59'05"W 284.79' L7 = S00°00'55"W 15.00' L8 = N89°59'05"W 441.96' L9 = S37°59'18"W 76.04' L10 = S89°43'02"W 10.19' L11 = N37°59'18"E 88.80' N 1/4 COR. SEC. 27, T1N, R3W FD. BCHH POB PUE WATSON ROAD L5 EXPIRES: 09/30/27 CHAD W. HUBER RLS 35316 1661 E. CAMELBACK RD, SUITE 400 PHOENIX, ARIZONA 85016 PH. 602-837-5511 chad.huber@kimley-horn.com L4 L3 L8 L9 L1 140.44 L6 L7 L11 N00°16'58"W 2685.47' 33' R.O.W. BK. 3 OF ROAD MAPS, PG. 16, MCR 10' PROPOSED PUE L10 26 02 12 / /