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When Recorded Return to: City Clerk City of Buckeye 530 East Momoe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 15-19 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 JACKRABBIT TRAIL BETWEEN HILTON AVENUE AND DURANGO STREET, 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 annexed 0.447 acres of right-of-way along a portion of Jackrabbit Trail from Hilton A venue and Durango Street; 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 9-4 71. 03. TAS:cmy 3419298.1 12/19/2018 1 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 of day of January, 2019. ATTEST: 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. 15-19 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, _&__ nay's, & abstained and&_ were absent and that the Mayor and U Council Members were present thereat. DATED: / - / ~- , 2019. TAS:cmy 3419298.1 12/19/2018 2 EXHIBIT A Legal Description Deannexation DE-ANNEXATION LEGAL DESCRIPTION JACKRABBIT TRAIL: HILTON A VENUE TO DURANGO STREET CITY OF BUCKEYE A PARCEL OF LAND SITUATED IN THE LOT 2 OF SECTION 16, TOWNSHIP 1 NORTH, RANGE 2 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16, FROM WHICH THE WEST QUARTER CORNER THEREOF BEARS NORTH 00 DEGREES 16 MINUTES 25 SECONDS EAST, A DISTANCE OF 2643.13 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 25 SECONDS EAST, ALONG AND WITH THE WEST LINE OF SAID SECTION 16, A DISTANCE OF 2007.38 FEET THE SOUTHWEST CORNER OF CITY OF BUCKEYE ORDINANCE 11-13, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG AND WITH SAID WEST LINE, NORTH 00 DEGREES 16 MINUTES 25 SECONDS EAST, A DISTANCE OF 589.12 FEET TO THE NORTHWEST CORNER OF SAID ORDINACE 11-13; THENCE DEPARTING FROM SAID WEST LINE, NORTH 89 DEGREES 07 MINUTES 28 SECONDS EAST, ALONG AND WITH THE NORTH LINE OF SAID ORDINANCE 11- 13, A DISTANCE OF 33.01 FEET TO A POINT ON A LINE PARALLEL WITH AND 33 FEET EAST OF SAID WEST LINE; THENCE DEPARTING FROM SAID NORTH LINE, SOUTH O DEGREES 16 MINUTES 25 SECONDS WEST, ALONG AND WITH SAID PARALLEL LINE, A DISTANCE OF 589.74 FEET TO A POINT ON THE SOUTH LINE OF SAID ORDIANCE 11-13; THENCE DEPARTING FROM SAID PARALLEL LINE, NORTH 89 DEGREES 47 MINUTES 24 SECONDS WEST, A DISTANCE OF 33.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 0.447 ACRES, MORE OR LESS. TAS:cmy 3419298.1 12/19/2018 3 EXHIBITB Map Deannexation W l COR SEC 16 DURANGO STREET PROPOSED . / .. DE-ANNEXATION:; I \ .. ···.:·.:·.\•.:·.:-.:,.:·.:-.:,.:·.:·.:,.:-.:·.:-.:-.:·.. ··.:-.:: I :: ·••· -.:•••••:.: /•?•••••/> · .. · ~ HILTON AVE tf I (ALIGNMENT) I : I ,~ :l() I i , I I~ : i \~F ! -~ SN COR SECTION 16 T1 N, R2W, G&SRM MARICOPA COUNlY, AZ I POINT OF COMMENCEMENT I.\.\.,,,,,,,,,,~ PROPOSED I I,':-,:::":--,_~":::'~'"::::":::"-~"::::"-"-~":~ DE-ANNEXATION I.·.·.·.·.·. ·. ·. ·. ·. ·. ·., EXISTING JURISDICTION DE-ANNEXATION AREA: .·. ·. ·. ·. ·. ·. '· ·. ·. '. · .. CllY OF BUCKEYE 0.447 ACRES CITY OF BUCKEYE DE-ANNEXATION i SEC 16, T1 N, R2W, G&SRM Dibble EXHIBIT "A" : Engineering· PROPOSED DE-ANNEXATION JACKRABBIT TRAIL j HILTON AVENUE TO DURANGO STREET I Dibble Engineering DATE: APR 2018 PAGE 2 OF 2 Project No 1017082 ORN: LDS CHK:CSD TAS:cmy 3419298.l 12/19/2018 4