AVONDALE ORDINANCE 2046-1220.PDF
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OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20201218361 12/10/2020 12:31 ELECTRONIC RECORDING ORD20461220-5-1-1-- hoyp ORDINANCE NO. 2046-1220 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, EXTENDING THE CORPORATE BOUNDARIES OF THE CITY OF AVONDALE BY ANNEXING THERETO COUNTY RIGHT-OF-WAY GENERALLY LOCATED ALONG PALM LANE, WEST OF AVONDALE BOULEVARD. WHEREAS, the Council of the City of Avondale (the “City Council”) desires to extend the corporate boundaries of the City of Avondale (the “City”); and WHEREAS, ARIZ. REV. STAT. § 9-471(N) allows for the annexation of county right-of- way containing no taxable real property into an adjacent city if the property to be annexed is adjacent to the corporate boundaries of the City for the entire length of the annexation and if the City and Maricopa County, Arizona (“Maricopa County’) each approve the proposed annexation as a published agenda item at a regular public meeting of their governing bodies; and WHEREAS, the property proposed for annexation (i) consists entirely of Maricopa County right-of-way, containing no taxable real property 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, generally located along Palm Lane west of Avondale Boulevard, as more particularly 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, subject to approval by the Maricopa County Board of Supervisors. SECTION 3. The City Clerk is hereby authorized and directed to file, in the Maricopa County Recorder’s Office, a fully executed copy of this Ordinance, together with an accurate map of the Annexation Area and 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. 20201218361 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. PASSED AND ADOPTED by the Council of the City of Avondale, Arizona, December 7, 2020. Be Weise Kenn Wéise (Dec 8, 2020 11:22 MST) Kenneth N. Weise, Mayor ATTEST: Orato Marcella Carrillo, City Clerk APPROVED AS TO FORM: Miholle. HOH, Nicholle Harris (Dec 8, 2020 10:30 MST) Nicholle Harris, City Attorney CBJCHBCAABAAG9s6uWLnLUR60xM YSh4-30cob79zGu7r 20201218361 EXHIBIT A TO ORDINANCE NO. 2046-1220 [Legal Description and Map of Annexation Area] See following pages. 20201218361 LEGAL DESCRIPTION A PORTION OF PALM LANE RIGHT—OF—WAY, BEING IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 1 WEST, OF THE GILA AND SALT RIVER MERIDIAN, CITY OF AVONDALE, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP IN HANDHOLE AT THE SOUTHEAST CORNER OF SAID SECTION 36, FROM WHICH AN ALUMINUM CAP FLUSH AT THE EAST QUARTER—CORNER OF SAID SECTION 36 BEARS NORTH O DEGREES 06 MINUTES 52 SECONDS EAST, 2632.04 FEET; THENCE NORTH O DEGREES 06 MINUTES 52 SECONDS EAST, ALONG THE EAST LINE OF SAID SECTION 36, 1507.17 FEET; THENCE NORTH 89 DEGREES 53 MINUTES 08 SECONDS WEST, 58.00 FEET TO A POINT ON THE SOUTH RIGHT—OF—WAY LINE OF PALM LANE, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 56 MINUTES 23 SECONDS WEST, ALONG SAID SOUTH RIGHT—OF—WAY LINE, 283.23 FEET; THENCE NORTH O DEGREES 06 MINUTES 52 SECONDS EAST, 9.00 FEET TO A POINT ON THE CENTERLINE OF PALM LANE; THENCE NORTH 89 DEGREES 56 MINUTES 23 SECONDS EAST, ALONG SAID CENTERLINE, 60.53 FEET; THENCE NORTH O DEGREES 07 MINUTES 08 SECONDS EAST, 25.00 FEET TO A POINT ON THE NORTH RIGHT—OF—WAY LINE OF PALM LANE; THENCE NORTH 89 DEGREES 56 MINUTES 23 SECONDS EAST, ALONG SAID NORTH RIGHT—OF—WAY LINE, 222.70 FEET; THENCE SOUTH O DEGREES 06 MINUTES 52 SECONDS WEST, 54.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.1863 ACRE (8,116 S.F.) OF LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD. SHEET | DRAWN BY: JIB AVONDALE BOULEVARD WIDENING —_ | ~T MCDOWELLRD.TOENCANTOBLVD. — RITOCH-POWELL DATE: 10/22/20 OF 3 | JOB NO: 220024 | PALMLANE AVONDALE, ARIZONA | WWW.RPAENG.COM DATE: Oct 22, 2020 FILE: P: \Projects\2020\220024 — Avondale Blvd Widening~McDowell to Encanto\Survey\Legal Descriptions\Palm Lane_Annexation.dwg 20201218361 EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION EAST QUARTER—CORNER SECTION 36, T2N, R1W MC ALUMINUM CAP FLUSH ENCANTO BOULEVARD fa \ < | > fu a | 3 | mic ANNEXATION AREA Wurst ss 8,116 SF OR 0.1863 AC APN 501-74-015H ZN (MORE OR LESS) OB io|x = Z fu QQ Fy | Nj O E |N L6 Js - <x PALMLANE % GG é iS |, LS | - —- — 4 L2 |= POINT OF | lin APN 501-74-018K > BEGINNING 1307.17" MCDOWELL ROAD LINE TABLE a LINE | BEARING | LENGTH POINT OF COMMENCEMENT SOUTHEAST CORNER L1_ | N89°53°08"W — | 58.00 SECTION 36, T2N, RIW MCHD BRASS CAP IN L2 | $89°56'23"W on | 283.23 HANDHOLE N L3. | NO‘°06’52”E 9.00’ L4 | N89°56’23"E | 60.53’ L5 | NO°07’08"E | 25.00’ L6 | N89°56’23"E | 222.70’ NTS. L7 | S0°06’52”W | 34.00’ on SHEET | DRAWN BY: JIB AVONDALE BOULEVARD WIDENING r — MCDOWELL RD. TO ENCANTO BLVD. dT phen DATE: . 10/22/20 ssociates 2 IRPA SCALE: NTS ANNEXATION 602-263-1177 OF 3 | voB No: 220024 | paLMLANE AVONDALE, ARIZONA es el YWW-RPAENG.COM DATE: Oct 22, 2020 FILE: P: \Projects\2020\220024 — Avondale Blvd Widening~McDowell to Encanto\Survey\Legal Descriptions\Palm Lane_Annexation.dwg