BUCKEYE ORDINANCE NO. 18-20.PDF

WHEN RECORDED RETURN TO:
City Clerk
City of Buckeye
530 East Monroe
Buckeye, Arizona 85326
ORDINANCE NO. 18-20
AN ORDINANCE EXTENDING AND INCREASING THE
CORPORATE LIMITS OF THE CITY OF BUCKEYE, MARICOPA
COUNTY, STATE OF ARIZONA, PURSUANT TO THE
PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA
REVISED STATUTES AND AMENDMENTS THERETO, BY
ANNEXING/TRANSFERRING A REMNANT TRACT OF RIGHT-
OF-WAY GENERALLY LOCATED EAST OF JOHNSON ROAD
AND NORTHEAST OF THE UNION PACIFIC RAILROAD; AND
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES.
WHEREAS, the City of Buckeye, Arizona ("City of Buckeye") desires to annex a
remnant tract of Maricopa County, Arizona, right-of-way, generally located east of
Johnson Road and the northeast corner of the Union Pacific Railroad; and
WHEREAS, said right-of-way meets the requirements of A.R.S. § 9-471(N),
which states; “As an alternative to the procedures established in this section, a county right-
of-way or roadway may be transferred to an adjacent city or town by mutual consent of the
governing bodies of the county and city or town if the property transferred is adjacent to
the annexing city or town and if the city or town and county each approve the proposed
transfer as a published agenda item at a regular public meeting of their governing bodies.
A transfer of property made pursuant to this subsection shall be treated by the receiving
city or town as if the transferred property was newly annexed territory”; and
WHEREAS, said right-of-way to be transferred to the City of Buckeye is adjacent
to the annexing municipality, namely the City of Buckeye.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of
the City of Buckeye, Arizona, as follows:
Section 1. The City Council hereby determines that the right-of-way to be
transferred to the City of Buckeye is accurately described and depicted in Exhibits A and
B, attached hereto and incorporated herein.
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Section 2. The corporate limits of the City of Buckeye are hereby increased so as
to include within the corporate limits of the City of Buckeye the territory described and
depicted in Exhibits A and B hereto, and that said territory is hereby annexed, transferred
and declared to be a part of the City of Buckeye, Arizona.
Section 3. A certified copy of this Ordinance shall be filed with the Board of
Supervisors, Maricopa County, Arizona for the Board of Supervisors’ action on the transfer
pursuant to A.R.S. § 9-471(N).
Section 4. The transfer of the above-described right-of-way to the City of Buckeye
is contingent upon the approval of the transfer by the Maricopa County Board of
Supervisors in compliance with A.R.S. § 9-471(N).
Section 5. The City Clerk shall, upon the Maricopa County Board of Supervisors’
approval of the transfer, take all appropriate and necessary actions to finalize the
annexation/transfer of the right-of-way approved hereby.
Section 6. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance or any part of the Code are hereby repealed.
Section 7. 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 Mayor and City Council of the City of Buckeye,
Arizona, this 1st day of December, 2020.
Eric W. Orsborn, Mayor
ATTEST:
Lucinda Aja, City Clerk
APPROVED AS TO FORM:
Shiela B. Schmidt
City Attorney
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EXHIBIT A
TO
ORDINANCE NO. 18-20
[Legal Description of Transferred Property]
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EXHIBIT B
TO
ORDINANCE NO. 18-20
[Annexation Map]
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