ORDINANCE NO. 11-19.PDF

When Recorded Return to:
City Clerk
City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
ORDINANCE NO.11-19
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF BUCKEYE, ARIZONA, DECREASING THE CORPORATE LIMITS
OF THE CITY OF BUCKEYE, BY DEANNEXING AND SEVERING
RIGHT-OF-WAY ALONG A PORTION OF DEAN ROAD, SOUTH OF
SOUTHERN AVENUE, WHICH RIGHT-OF-WAY LIES WITIDN THE
CITY OF BUCKEYE AND MARICOPA COUNTY, PURSUANT TO
SECTION 9-471.03, ARIZONA REVISED STATUTES, CONTINGENT
UPON THAT SAME RIGHT-OF-WAY BEING ACCEPTED BY
MARICOPA COUNTY.
WHEREAS, the City Council adopted Ordinance Nos. 03-07, 03-80 and 12-90, which
annexed portions of 0.939 acres of right-of-way along Dean Road, south of Southern Avenue;
and
WHEREAS, the Mayor and Council have determined it to be in the best interest of the
City of Buckeye for certain right-of-way, as shown in the legal description and map attached as
Exhibits A and B of this Ordinance, to be deannexed by the City of Buckeye to Maricopa County
contingent upon that same territory being accepted by the Maricopa County Board of
Supervisors; and
WHEREAS, Arizona Revised Statutes Section 9-471.03 provides for the deannexation
and severing of right-of-way from a municipality to the County; and
WHEREAS, the City of Buckeye desires to deannex and sever the right-of-way
described below, contingent upon the acceptance of that same right-of-way by Maricopa County.
NOW THEREFORE BE IT ORDAINED by the Mayor and Common Council of the
City of Buckeye, Arizona as follows:
Section 1. That the Mayor and Council hereby determines that the right-of-way to be
deannexed and severed, is described in the attached Exhibits A and B.
Section 2. The City Council of the City of Buckeye declares the deannexation and
severing, and the return of the right-of-way to Maricopa County, contingent upon the fulfillment
of the conditions set forth in Arizona Revised Statutes Section 9-471.03.
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Section 3. That the City Clerk is hereby authorized and directed to forward a certified
copy of this Ordinance to the Chairman and the Clerk of the Board a of Supervisors of Maricopa
County, Arizona, evidencing its successful passage on the day and date written below.
PASSED AND ADOPTED by the City Council of the City o:':..f ~=-~~
day of January, 2019.
ATTEST:
::~"'---
City Attorney
CERTIFICATE
I, Lucinda J. Aja, the duly appointed and acting Clerk of the City of Buckeye, Arizona, do
hereby certify that the above and foregoing Ordinance No. 11-19 was duly passed by the Mayor
and Council oUhe City of Buckeye, Arizona, at a regular_Aieeting held on January 15, 2019, and
the vote was _--t_ aye's, CS) nay's, _& abstained and-~- were absent and that the Mayor and
\..Q_ Council Members were present thereat.
DATED: . / - / 6- , 2019 .
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EXHIBIT A
Legal Description
Deannexation
DE-ANNEXATION
LEGAL DESCRIPTION
DEAN ROAD: SOUTH OF SOUTHERN A VENUE CITY OF BUCKEYE
A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 35, AND IN
THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 3 WEST, OF
THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 36, FROM WHICH THE
WEST QUARTER CORNER THEREOF BEARS SOUTH 00 DEGREES 09 MINUTES 17
SECONDS WEST, A DISTANCE OF 2666.71 FEET;
THENCE SOUTH 00 DEGREES 09 MINUTES 17 SECONDS WEST, A DISTANCE OF 336.84
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF THE UNION PACIFIC
RAILROAD, AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 74 DEGREES 34 MINUTES 36 SECONDS EAST, ALONG AND WITH SAID
SOUTHERLY RAILROAD RIGHT-OF-WAY, A DISTANCE OF 34.26 FEET TO A POINT ON A
LINE 33 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 36;
THENCE DEPARTING FROM SAID RAILROAD RIGHT-OF-WAY LINE, SOUTH 00 DEGREES
09 MINUTES 17 SECONDS WEST, ALONG AND WITH SAID PARALLEL LINE, A DISTANCE
OF 625.40 FEET, TO A POINT ON THE SOUTHERLY LINE OF CITY OF BUCKEYE
ORDINANCE 03-80;
THENCE DEPARTING FROM SAID PARALLEL LINE, SOUTH 83 DEGREES 41MINUES 45
SECONDS WEST, ALONG SAID SOUTHERLY ORDINANCE LINE, A DISTANCE OF 66.42
FEET TO A POINT ON A LINE PARALLEL WITH AND 33 FEET WEST OF THE EAST LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 35;
THENCE DEPARTING FROM SAID SOUTHERLY ORDINANCE LINE, NORTH 00 DEGREES
09 MINUTES 17 SECONDS EAST, ALONG AND WITH SAID PARALLEL LINE, A DISTANCE
OF 614.47 FEET, TO A POINT ON SAID SOUTHERLY RAILROAD RIGHT OF WAY LINE;
THENCE DEPARTING FROM SAID PARALLEL LINE, NORTH 74 DEGREES 34 MINUTES 36
SECONDS EAST, A DISTANCE OF 34.26 FEET, TO THE POINT OF BEGINNING
CONTAINING A COMPUTED AREA OF 0.939 ACRES, MORE OR LESS.
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EXHIBITB
Map
Deannexation
SOUTHERN AVENUE;,,~.·~.. NW COR SEC 36
~ • . . POINT OF COMMENCING
~ ~· . N74"34'36"E 34.26'
Ul b 1n I ·1·
. . . . , . . ............ ., . . . . . . . . . . . . .. . . - . .. . . . . . .
, 0 0• •, A ' 0 0 0 "0 0 ~ > 0 • }
.:,.::,:,.:· oRDo3-01.:<o<·
. ·. ·. ·. ·. ·. ·. ·. ·. '..', ', <( · ..
<:>:::::::::>:::::::::::::::~ S:
I .•·•v•:,••.••~••,.'•.•••••~••.,•·~,'.,,' :::~~ ~•
:. ;:::
l
:_ :_ .. · ·>:·>\:.::-::-::<:<· ~:
.. ' \:,:,·:-:-.'-.'·.'·.' 8. :: ::PROPOSED
·. ·. \ ·. ·. •, ·. ·. ·. '. '. ·. · .. ·.z; :<:,DE-ANNEXATION::
I •· , • • ••• ; •••• >· ~ ..... • .............. '
• •• • ' ••• ? ••• -~. •• ? ' < •••• "~ .... , -•• .••. "" ~ • • ..... ., > •••• f, •••• ~ .. '> ~. , ... • • < ~. • t . • ' ' ~ I . • . . o . . ~ . . t. . o . . . • . , . o . < . '. o . . ~ . . ~ ~ . • ' , . <
. ' ~ . ~ '. .. .. ·•. '.
I
S83"41 '45"W
66.42'
~ PROPOSED
f ,_....,:::~::_::_ .... _ .... _..,. _ _,_,_ DE-ANNEXATION
I· ... ·.:.','..·,• .. ·.·.··, ., EXISTING JURISDICTION
DE-ANNEXATION AREA: ·. ·. · .. ·. ·. ·. ·; ._ ·. ·. Cl1Y OF BUCKEYE
0.939 ACRES NTS
l,;1---------r---------.----------.---------1
CITY OF BUCKEYE DE-ANNEXATION
I SEC 35 & SEC 36, T1N, R3W, G&SRM
Dibble
EXHIBIT "A"
j Engineering· PROPOSED DE-ANNEXATION
DEAN ROAD S. OF SOUTHERN AVE
j Dibble Engineering DA TE: MAR 2018
; Project No 1017082 DRN: LDS CHK:CSD PAGE 2 OF 2
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