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When Recorded Return to: City Clerk City of Buckeye 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 12-19 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 SOUTHERN AVENUE FROM 313TH AVENUE TO 311TH AVENUE, WHICH RIGHT-OF-WAY LIES WITHIN 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 11-13, which annexed 0.999 acres of right-of-way along a portion of Southern A venue from 313 th A venue to 311 th A venue; and WHEREAS, the Mayor and Council have determined it to be in the best interest of the City of Buckeye for that 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. 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. TAS:cmy 3419301.1 12/19/2018 1 PASSED AND ADOPTED by the City Council of the City of Buckeye, Arizona, this 15th day of January, 2019. ATTEST: By: ~ .. · ~ .· Q ,_. ' ~ daAja,City ~k-1; 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. 12-19 was duly passed by the Mayor and Council of the City of Buckeye, Arizona, at a regular meeting held on January 15, 2019, and the vote was _±_ aye's, (S) nay's, ~ abstained and ~ were absent and that the Mayor and ~ Council Members were present thereat. DATED: /-/~ ,2019. TAS:cmy 3419301.1 12/19/2018 2 EXHIBIT A Legal Description Deannexation DE-ANNEXATION LEGAL DESCRIPTION SOUTHERN A VENUE: 313TH A VENUE TO 311 TH A VENUE CITY OF BUCKEYE THE SOUTH 33 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 5 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. CONTAINING A COMPUTED AREA OF 0.999 ACRES, MORE OR LESS. TAS:cmy 3419301.1 12/1912018 3 EXHIBITB Map Deannexation \:•:•~·l·•·•.· .••.·.·.·.·• .·.·· .. ·.·.:s.~\·~S . . . . ·• . . . . ~ . . . . . . . ' . . .• . . . . . . . . . .. . . .. . . . w ·.:--:,.:·.:·.:-.:-.:,.:,.:,.:-,:,.:,.:,.:,.:,.:,.:,.:·.:-.:·.:-.:·.:·.:·.:·.:·.:-.:·.\·.:·.:·.:·.:·~ ' •:•.'·.'·.'·.'·.'·.'·."·.'· SOUTHERN AVENUE.'·.':::j ··;·-:->:·.'·:·.:·. · . ·•/\~~::-=~=~~'r~~~~~~~.:S.:ORD~55;;:s;·.o·~7 +· ~· ;::s· :s;:· ·s::·s;::·;:i·\=-·.- fl ... ·:·::,:;,::-::-::<"1· . ••• .. \ •• ' ~ .• ,i .... • . .-. •·~.~· ... ~ . • i :::::::::::::::::::: :-:·.\·· ....... J PROPOSED S J COR SECTION 25 ·. :-:-:-:-;·-:-: DE-ANNEXATION ,\'·.\':.'•:·.·1 SW COR SECTION 25 T1 N R5W, G&SRM MARICOPA COUNlY, AZ. t ~ N PROPOSED ~::::::~~:~~~ DE-ANNEXATION f DE-ANNEXATION AREA: I-·.·.·.·.·. ·. ·. ·. ·. ·. ·,1' EXISTING JURISDICTION ; 0.999 ACRES NTS .'· ·, ·. ·. · .. ·. ·. ·. ·. · .. CITY OF BUCKEYE CITY OF BUCKEYE DE-ANNEXATION i SECTION 25, T1 N, R5W, G&SRM Dibble EXHIBIT "A" i PROPOSED DE-ANNEXATION Engineering· SOUTHERN AVENUE i 313TH AVENUE TO 311TH AVENUE Dibble Engine. ering DATE: APR 2018 PAGE 2 OF 2 ii! Project No 1017082 ORN: LOS CHK CSD: TAS:crny 3419301.1 12/19/2018 4