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City of Goodyear RECEIVED
City Clerk's Office
JAN 2 2 2019
MARICOPA COUNTY
CLERK BOARD OF SUPERVISORS
Qtr -k—-Ctiue4
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 2019-1420 (Broadway Road Right-of-Way)
Dear Ms. Carroll:
Enclosed please find a copy of Ordinance No. 2019-1420, 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,
OLA,b
Mario Saldamando
Acting Deputy City Clerk
Enclosures
c: Rork Massey, Goodyear Attorney
Joe Schmitz, Development Services
MCDOT Traffic Engineering
2901 W. Durango
Phoenix, AZ 85009
190 North Litchfield Road, Goodyear AZ 85338
P 623-882-7830 F 623-882-7832 goodyearaz.gov
ORDINANCE NO. 2019-1420
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR,
MARICOPA COUNTY, ARIZONA, APPROVING THE TRANSFER FROM MARICOPA
COUNTY TO THE CITY OF GOODYEAR RIGHT-OF-WAY GENERALLY LOCATED
WITHIN THE BROADWAY ROAD ALIGNMENT BETWEEN S. BULLARD AVENUE AND
S. LaCHFIELD ROAD, 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
10.32-acre tract of Maricopa County, Arizona right-of-way, eighty (80) feet in width, generally
located within the Broadway Road alignment between S. Bullard Avenue and S. Litchfield Road,
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
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 fully 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 include such right-of-way 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 10.32-acre tract of Maricopa County, Arizona right-of-way generally
Ordinance No. 2019-1420
Page 1 of 3
located within the Broadway Road alignment between S. Bullard Avenue and S.
Litchfield Road as 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 1/ day of --SA kw , 20 t .
Date:
Ordinance No, 2019-1420
Page 2 of 3
ATTEST: APPROVED AS TO FORM:
Dafc-ie McCracken, City Clerk ric Massey, City Attotv
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. 2019-1420 is a true,
correct and accurate copy of Ordinance No. 2019-1420, passed and adopted at a regularl ineeting of
the Council of the city of Goodyear, Maricopa County, Arizona, held on the NIB- day of
fluff t 20 1 q , at which a quorum was present and, by a /1,0 vote, /1 voted in favor
of said ordinat'ice.
Given under my hand and sealed this 15'1'1" day of jetY1,Ltaill , 20 VI .
LAA
seal City Clerk
Ordinance No, 2019-1420
Page 3 of 3
EXHIBIT 'A'
THAT PORTION OF BROADWAY ROAD LOCATED IN SECTIONS 21 AND 28, TOWNSHIP 1 NORTH,
RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 40.00 FEET OF SAID SECTION 21;
EXCEPT THE WEST 33.00 FEET AND THE EAST 58.00 FEET THEREOF;
TOGETHER WITH:
THE NORTH 40.00 FEET OF SAID SECTION 28;
EXCEPT THE WEST 33.00 FEET AND THE EAST 58.00 FEET THEREOF.
DESCRIBED AREA ABOVE CONTAINS 449,509 SQUARE FEET OR 10.32 ACRES MORE OR LESS.
SEE ATTACHED EXHIBIT DRAWING BY REFERENCE MADE PART HERETO.
RYAN D. GILBERT, RLS
GILBERT LAND SURVEYING
4361 S SQUIRES LANE
GILBERT, AZ 85297 54333
480-275-8020 RYAN DENTON
GILBLR I
PROJECT NO. 180201-LX6 50 12128/18
'AS
Page loll
33' S. BULLARD AVE N UE
— ORDINANCE ORDINANCE PERTINENT
4361
Phone: S. GILBERT NO. NO.
(480) Squires DOCUMENTS:
76-091, 81-135,
275-8020 Lane, LAND
DKT. DKT.
- Gilbert, 21,
SURVEYING, 11602, 15714, SOUTH
Arizona T1N,
info@gibertsurvey.com PG. PG. R1W LINE
85297 PLC 458-459, 301-302, NORTH, SECTION SEC. NORTH, SECTION
W.
MCR MCR RANGE 28, RANGE 21, EXHIBIT
BROADWAY
1 TOWNSHIP 28, 1 TOWNSHIP
DATE. PAGE: PROJ. WEST 1 T1N, NORTH ROAD 21, S WEST 1 'B'
1 NO.: R1W LINE T1N, 1/4
12/28/1a OF 1 SEC. COR.,
180201-LX6 R1W
PAGES SEC.
_
IS LEGAL SOLELY NOTE:
ATTACHED. AS THIS • • NTS
\\_ DESCRIPTION A •
RYAN EXHIBIT
12/28118 GILBERT DENTON 54333 TO REFERENCE IS
MEANT 58'
WHICH TO
IT THE