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City of Goodyear
City Clerk's Office
January 17, 2019
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Ms, Fran McCarroll, Clerk
Maricopa County Board of Supervisors
301 W. Jefferson Street
Phoenix, AZ 85003
Re: City of Goodyear Annexation Ordinance 2019-1421 (Thomas Road Right-of-Way)
Dear Ms. Carroll:
Enclosed please find a copy of Ordinance No. 2019-1421, approved by the city of Goodyear Mayor
and Council at the January 14, 2019 regular meeting. The Ordinance requests Maricopa County's
mutual consent to the annexation of the right-of-way described on the actual legal description.
Pursuant to A.R.S. §9-471.N, I am requesting the Maricopa County Board of Supervisors, at the first
available meeting that occurs after February 14, 2019, consent to the annexation by the city of
Goodyear of the county right-of-way described in the attachment hereto.
Please advise me of the date of requested action and forward an agenda to my attention. Also, please
notify me if city attendance is required.
If you have any questions, please feel free to contact me at 623-882-7066.
Sincerely,
COA SIOLLA, 06,
Margo Saldamando
Acting Deputy City Clerk
Enclosures
C : Roric Massey, Goodyear Attorney
Joe Schmitz, Development Services
MCDOT Traffic Engineering
2901W. Durango
Phoenix, AZ 85009
190 North Litchfield Road, Goodyear AZ 85338
P 623-882-7830 F 623-882-7832 goodyearaz,gov
ORDINANCE NO. 2019-1421
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR,
MARICOPA COUNTY, ARIZONA, APPROVING THE TRANSFER FROM M_ARICOPA
COUNTY TO THE CITY OF GOODYEAR RIGHT-OF-WAY GENERALLY LOCATED
WITHIN THE THOMAS ROAD ALIGNMENT BETWEEN N. CITRUS ROAD AND N.
COTTON LANE, APPROVING THE ANNEXATION OF SUCH RIGHT-OF-WAY, AND
EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF
GOODYEAR, MARICOPA COUNTY, STATE OF ARIZONA UPON THE APPROVAL OF
THE TRANSFER BY THE MARICOPA COUNTY BOARD OF SUPERVISORS IN
COMPLIANCE WITH THE REQUIREMENTS OF A.R.S. SECTION 9-471(N); PROVIDING
AUTHORITY AND DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Goodyear, Arizona ("City of Goodyear") desires to annex an approximate
9.534-acre tract of Marieopa County, Arizona right-of-way, eighty (80) feet in width, generally
located within the Thomas Road alignment between N. Citrus Road and N. Cotton Lane, which is
described and depicted in Exhibit A and Exhibit B attached hereto and incorporated herein; and
WHEREAS, said right-of-way must meet the requirements of the Arizona Revised Statutes
(A.R.S.) Section 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"; and
WHEREAS the proposed transfer is being considered during a regular public meeting of the City
of Goodyear and is included on a published agenda; and
WHEREAS, said right-of-way to be transferred to the City of Goodyear is adjacent to the annexing
municipality, namely the City of Goodyear, and all the provisions of A.R.S. Section 9-471 (N)
have been hilly observed; and
WHEREAS, the Mayor and Council of the City of Goodyear, Arizona find that adoption of this
Ordinance to approve the transfer and annexation of the right-of-way described and depicted in
Exhibit A and Exhibit B attached hereto and incorporated herein and to extend the corporate limits
of the City of Goodyear to be in the best interests of the public health, comfort, convenience,
safety, and general welfare of the citizens of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF GOODYEAR, MARICOPA COUNTY, ARIZONA, AS FOLLOWS:
SECTION 1. TRANSFER AND ANNEXATION
The transfer from Maricopa County to the City of Goodyear and the annexation
of the 9.534-acre tract of Maricopa County, Arizona right-of-way generally
located within the Thomas Road alignment between N. Citrus Road and N.
Ordinance No. 2019-1421
Page 1 of 3
Cotton Lane described and depicted in Exhibit A and Exhibit B attached hereto
and incorporated herein is hereby approved; and upon the approval of the transfer
by the Maricopa County Board of Supervisors in compliance with the
requirements of A.R.S. Section 9-471(N), the corporate limits of the City of
Goodyear are hereby extended and increased to include within the corporate
limits of the City of Goodyear the territory as described in Exhibit A attached
hereto and as depicted in Exhibit B attached hereto, and said territory is hereby
declared to be part of the City of Goodyear, Arizona.
SECTION 2. COUNTY CONSENT
A certified copy of this Ordinance shall be filed with the Board of Supervisors of
Maricopa County, Arizona for the Board of Supervisors' action on the transfer
pursuant to A.R. S. Section 9-471(N). The city clerk shall, upon the approval of
the transfer by the Maricopa County Board of Supervisors, take all appropriate
and necessary actions to finalize the annexation/transfer of the right-of-way
approved hereby.
SECTION 3. SEVERABILITY
If any section, subdivision, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining
provisions of the ordinance or parts thereof.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective as prescribed by law.
PASSED AND ADOPTED by the Mayor and Council of the city of Goodyear, Maricopa County,
Arizona, this ( 171 day of "3-4/Niv4/1,1 , 20 1,1, .
Georgia Lorderayor
Date: k ) I Si I cl
ATTEST: APPROVED AS TO FORM:
Darcie McCracken, City Clerk Rorie Massey, City Attome
Ordinance No. 2019-1421
Page 2 of 3
CERTIFICATION OF RECORDING OFFICER
STATE OF ARIZONA )
) ss.
County of Maricopa )
I, the undersigned Darcie McCracken, being the duly appointed, qualified City Clerk of the city of
Goodyear, Maricopa County, Arizona, certify that the foregoing Ordinance No. 2019-1421 is a true,
correct and accurate copy of Ordinance No. 2019-1421, passed and adopted at a regular meeting of
the Council of the city of Goodyear, Maricopa County, Arizona, held on the I lit day of
*TOL IA (AA 1 9 20 ri , at which a quorum was present and, by a '7-0 vote, 17 voted in favor
of said ordinance.
Given under my hand and sealed this ',Silt day of SCul, tka vii. , 20 17 .
seal City Clerk
Ordinance No. 2019-1421
Page 3 of 3
GOODWIN? CIVIL ENGINEERS — PLANNERS — SURVEYORS
MARSHALL 2
EXHIBIT "A"
LEGAL DESCRIPTION FOR
THOMAS ROAD ANNEXATION
All that certain lot, tract, or parcel of land, situated in a portion of the South half
of Section 26 and the North half of Section 35, Township 2 North, Range 2 West
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and
being more completely described as follows, to-wit:
COMMENCING at a found City of Goodyear brass cap in handhole for the
Southwest corner of said Section 26, same being the Northwest corner of said
Section 35, from which a found 1" iron pipe with Maricopa County Department
of Transportation brass cap in pothole for the South Quarter corner of said
Section 26, same being the North Quarter corner of said Section 35, bears North
89 deg. 58 min. 12 sec. East (Basis of Bearings) -2640.39 feet;
THENCE North 89 deg. 58 min. 12 sec. East along the South line of the Southwest
Quarter of said Section 26, a distance of 33.00 feet to the TRUE POINT OF
BEGINNING;
THENCE North 89 deg. 58 min. 12 sec. East continuing along said South line, a
distance of 47.00 feet;
THENCE North 0 deg. 17 min. 12 sec. East departing said South line, a distance of
40.00 feet;
THENCE North 89 deg. 58 min. 12 sec. East being 40.00 feet North of and parallel
with the South line of the Southwest Quarter of said Section 26, a distance of
2,560.17 feet;
THENCE North 89 deg. 58 min. 34 sec. East being 40.00 feet North of and parallel
with the South line of the Southeast Quarter of said Section 26, a distance of
2,607.69 feet;
THENCE South 0 deg. 15 min. 40 sec. West being 33.00 feet West of and parallel
with the East line of the Southeast Quarter of said Section 26, a distance of 39.86
feet;
THENCE South 0 deg. 11 min. 37 sec. West being 33.00 feet West of and parallel
with the East line of the Northeast Quarter of said Section 35, a distance of 40.15
feet;
W:\tO8O8A — PV303 West III — Merit \COGOVIRST PARK PV303\ ANNEX \THOMAS ROAD ANNEX.dwg Shos4 1 al 3
TEXAS • 2405 Mustang Drive • Grapevine, 1016051 • 811329.4373 • TOM #10021700 TENNESSEE • 6074 Apple Tree Drive • Memphis, TN 38115 • 901.881.9188
ARIZONA • 2105 South Alma School Road, Suite 2 • Chandler, Al 85286 • 602.2183285 COLORADO • 0400 E. Prentice Ave. • Greenwood Village, CO 80111 • 303.459.4861
GOODWIN CIVIL ENGINEERS - PLANNERS - SURVEYORS
MARSHALL 2
THENCE South 89 deg. 58 min. 34 sec. West being 40.00 feet South of and parallel
with the North line of the Northeast Quarter of said Section 35, a distance of
2,607.33 feet;
THENCE South 89 deg. 58 min. 12 sec. West being 40.00 feet South of and parallel
with the North line of the Northwest Quarter of said Section 35, a distance of
2,607.60 feet;
THENCE North 0 deg. 17 min. 12 sec. East being 33.00 feet East of and parallel
with the West line of the Northwest Quarter of said Section 35, a distance of
40.00 feet to the POINT OF BEGINNING, containing 415,311 square feet or 9.534
acres of land, more or less.
Exhibit map attached and made a part hereof.
rO , LAP/L5
"( 3.7-1 CA 7-
54332
JOHN N.
`q. ROGERS
1113012018
W:\10808A - PV303 West III - Merit \COGO \ FIRST PARK PV303\ ANNEXVHOMAS ROAD ANNEX.dwg ShiOM 2 og 3
TEXAS • 2405 Mustang Drive • Grapevine, 18 16051 • 817.329.4373 • TBPLS #10021700 TENNESSEE • 6014 Apple Tree Drive • Memphis, 18 38115 • 901.881.9188
ARIZONA • 1105 South Alma School Road, Suite 2 • (handler, A2 85286 • 602.218.7285 COLORADO • 8400 E. Prentice Ave. • Greenwood Village, CO 80111 • 303.459.4861
•
EXHIBIT "B" 0 100
MAP SHOWING SCALE IN FEET
THOMAS ROAD ANNEXATION
ROAD POINT OF
COMMENCING FND, C.O.G. BRASS CAP
FND. C.O.G. BRASS CAP IN HANDHOLE
IN HANDHOLE SE COR. SEC. 26
CITRUS SW COR. SEC. 26 NE COR. SEC. 35
NW COR. SEC. 35 T2N, R2W
T2N, R2W
N 000 1712" E S 00°15'40" W
40.00' 39.86'
N 89°58'12" E N 89°58'34" E 2607.69' 3
80'
BASIS OF BEARINGS
N 89°58'12" E 2640.39'— N 89°58'34" E 2640.49' A
V 33'
33' 47.00 ,Cit)., THOMAS ROAD
S 89°58'12"W 2607.60' S 89°58'34" W 2607.33'
POINT OF BEGINNING S 000 1137 W
.N 00°17'12" E 40.15'
40.00' FND. 1" IRON PIPE WITH
M.C.D.O.T. BRASS CAP
IN POTHOLE, DATED 2003
S 1/4 COR. SEC. 26
N 1/4 COR. SEC. 35
T2N, R2W
REFERENCE DOCUMENTS
ORDINANCE NO, 141 PER
DKT. 15863, PG. 942, MCR
ORDINANCE NO. 94 PER
DKT. 11719, PG. 486, MCR
EXHIBIT "B" MAP SHOWING
THOMAS ROAD ANNEXATION, SITUATED IN A
PORTION OF THE SOUTH HALF OF SECTION 26
AND THE NORTH HALF OF SECTION 35, T2N, R2W
OF THE G.&S.R.B.&M., MARICOPA COUNTY, ARIZONA
GOODWIN Scale: 1"= 100' Sheet
ARSHALL Date: 11/30/2018 3
CIVIL ENGINEERS — PLANNERS — SURVEYORS Job No.: 10808A of
2705 S. Alma School Road, Suite 2 Drafted: J.N.R.
Chandler, Arizona 86044 Checked: J.N.R. 3
(602) 218-7285