ORD NO. 2004-0123 TRANSFER OF RIGHT OF WAY AVONDALE.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
STEPHEN RICHER
20230064863 02/08/2023 03:22
ELECTRONIC RECORDING

ORD20040123-6-1-1--
crocfers

ORDINANCE NO. 2004-0123

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 CERTAIN
TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS;
GENERALLY LOCATED ALONG SOUTH AVONDALE BOULEVARD
BETWEEN SOUTHERN AVENUE AND INDIAN SPRINGS ROAD.

WHEREAS, the City of Avondale (the “City), Arizona Department of Transportation,
and Maricopa County (the “County”) entered into an intergovernmental agreement, dated
September 11, 1997, as amended (the ““Agreement”) and recorded as document 1994-0514912 in
the records of the Maricopa County Recorder pertaining to the financing, planning, construction,
maintenance and eventual annexation by the City, of the 115th Avenue (now South Avondale
Blvd.) Bridge and its surrounding right-of-way over the Gila River at Phoenix International
Raceway (the “Bridge’’); and

WHEREAS, the County maintenance period for the Bridge has ended, and the City
wishes to annex the Bridge into the City; 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 county right-of-way
and roadway (i) 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 totaling approximately + 10.18 acres located along

South. Avondale Blvd., generally located between Southern Avenue and Indian Springs Road, as
more fully described and depicted in Exhibit A, attached hereto and incorporated herein by

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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, January 23, 2023.

kenn weise (Jan 23, 2023 19:13 MST)

Kenneth N. Weise, Mayor

ATTEST:

UN CoV
Marcella Carrillo, City Clerk

APPROVED:

Nicholle Harris (Jan 23, 2023 18:50 MST|

Nicholle Harris, City Attorney

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EXHIBIT A
TO
ORDINANCE 2004-0123
[Legal Description and Depiction of Annexation Area]

See following pages.

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EXHIBIT “A”
ANNEXATION OF
AVONDALE BLVD BRIDGE RIGHT OF WAY
IN MARICOPA COUNTY, STATE OF ARIZONA

A Parcel of Land in the East Half (E 1/2) of Section Thirty-six (36), 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 on a concrete cross at the Southeast Corner (SE) of Section Thirty-Six
(36) of Township One (1) North Range One (1) West from which a Calculated point at the East Quarter
Corner (E1/4) of said Section 36, bears North 00°07’32” East, a distance of 2,647.86 feet based on the
Record of Survey PLSS Subdivision, recorded in book 694, Page 38 of the Maricopa County Recorder's
Office;

THENCE along the Section line, North 00 degrees 07 minutes 32 seconds East, a distance of 1332.97 feet;

THENCE Departing Said Line South 89 degrees 52 minutes 28 seconds West, a distance of 695.81 feet to
the Point of Beginning;

THENCE North 89 degrees 22 minutes 52 seconds West a distance of 207.60 feet;
THENCE North 19 degrees 07 minutes 40 seconds East a distance of 1995.73 feet;
THENCE South 83 degrees 18 minutes 23 seconds West a distance of 24.87 feet;
THENCE North 26 degrees 48 minutes 14 seconds East a distance of 333.05 feet;
THENCE North 08 degrees 53 minutes 10 seconds East a distance of 30.93 feet;
THENCE North 08 degrees 52 minutes 43 seconds East a distance of 97.57 feet;
THENCE North 90 degrees 00 minutes 00 seconds East a distance of 51.18 feet;
THENCE South 00 degrees 07 minutes 32 seconds West a distance of 458.43 feet;

THENCE South 19 degrees 07 minutes 40 seconds West a distance of 1958.84 feet to the Point of
Beginning;

Containing 443,265.4 sqft or 10.18 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 “Pires art ae
Phone: (602) 757-6032

Email: tlavalette@eaincglobal.com

THOMAS £
Kant TE

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EXHIBIT "A"

1332.97'

POINT OF COMMENCING
SE. CORNER SECTION 36

FND BRASS CAP FLUSH ON

CONCRETE CROSS

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