BUCKEYE ORD 04-19.PDF

Maricopa County — Formal (2019-02-27)

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When Recorded Return to:
City Clerk
City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
ORDINANCE NO. 04-19
AN ORDINANCE EXTENDING AND INCREASING THE
CORPORATE LIMITS OF THE CITY OF BUCKEYE, MARICOPA
COUNTY, STATE OF ARIZONA, PURSUANT TO THE
PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA
REVISED STATUTES AND 'AMENDMENTS THERETO, BY
ANNEXING APPROXIMATELY 2.353 ACRES LOCATED ALONG
SOUTHERN AVENUE FROM SR85 TO 263RD AVENUE;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;
AND PROVIDING FOR SEVERABILITY.
WHEREAS, A.R.S. § 9-471 as amended provides that a county right-of-way with no
taxable real property, the entire length of which is adjacent to a city, may be annexed to the city
by mutual consent of the governing bodies of the county and city;
WHEREAS, the property to be annexed is right-of-way within Maricopa County
("County") with no taxable real property and is adjacent to the City of Buckeye ("City") for the
entire length of the annexation; and
WHEREAS, the Mayor and Council of the City of Buckeye consents to and approves of
the proposed annexation contingent upon Marieopa County's consent to and approval of the
proposed annexation pursuant to the provisions of A.R.S. § 9-471.N;
NOW THEREFORE BE IT ORDAINED, by the Mayor and City Council of the City
of Buckeye, Arizona, as follows:
Section 1. Pursuant to the provisions of A.R.S. § 9-471.N, and contingent upon
approval by the Maricopa County Board of Supervisors, the following described County right-
of-way, the entire length of which is adjacent to the corporate limits of the City, shall be annexed
to the City, and the City's corporate limits shall be extended and increased to include the County
right-of-way described in Exhibits A and B attached hereto.
Section 2. A copy of this Ordinance, together with documentation of approval by the
Mancopa County Board of Supervisors and an accurate map of the County right-of-way to be
annexed to the City of Buckeye, certified by the Mayor of the City of Buckeye, shall be filed and
recorded in the Office of the County Recorder of Maricopa County, Arizona.
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Section 3. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any part of the Code adopted herein by reference, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and
Arizona, this 15th day of January, 2019.
ATTEST:
_-_-.-AYPROVED AS ,T,4'-• $ORM:
77 7) C----11 •
City Attorney
Attachment: Legal Description and Map of Annexed Territory
Voting District: 2
CERTIFICATE
I, Lucinda J. Aj a, the duly appointed and acting Clerk of the City of Buckeye, Arizona, do
hereby certify that the above and foregoing Ordinance No. 04-19 was duly passed by the Mayor
and Council of the City offluckeye, Arizona, at a regular meeting held on January 15, 2019, and
the vote was aye's, (_c\ nay's, abstained and were absent and that the Mayor and
Council Members were present thereat.
DATED: / ,2019.
iicinfla J. Aj a, City Cl
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EXHIBIT A
Legal Description
Annexation
ANNEXATION
LEGAL DESCRIPTION
SOUTHERN AVENUE: SR85 TO 263RD AVENUE
CITY OF BUCKEYE
A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARIER OF SECTION 25 AND IN THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 4 WEST, OF THE GILA
AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 25, FROM WHICH THE SOUTH
QUARTER CORNER THEREOF BEARS SOUTH 88 DEGREES 21 MINUTES 38 SECONDS EAST, A
DISTANCE OF 2652.51 FEET;
THENCE SOUTH 88 DEGREES 21 MINUTES 38 SECONDS EAST, A DISTANCE OF 1099.49 FEET TO
A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STA'I'E ROUTE 85, AND THE POINT OF
BEGINNING;
THENCE SOUTH 01 DEGREES 38 MINUTES 20 SECONDS WEST, UPON AND WITH SAID
EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 33.00 FEET TO A POINT ON A LINE 33 FEET
SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SAID NORTHWEST QUARTER OF
SECTION 36;
THENCE DEPARTING FROM SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 88 DEGREES 21
MINUTES 38 SECONDS EAST, UPON AND WITH SAID 33 FOOT PARALLEL LINE, A DISTANCE OF
1553.74 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION
36;
THENCE DEPARTING FROM SAID 33 FOOT PARALLEL LINE, NORTH 00 DEGREES 24 MINUTES
05 SECONDS EAST, UPON AND WITH SAID EAST LINE, A DISTANCE OF 33.00 FEET TO THE
SOUTH QUARTER CORNER OF SAID SECTION 25;
THENCE NORTH 00 DEGREES 00 MINUTES 20 SECONDS WEST, UPON AND WITH THE EAST
LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 33.01 FEET TO A
POINT ON A LINE 33 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 25;
THENCE DEPARTING FROM SAID EAST LINE, NORTH 88 DEGREES 21MINUTES 38 SECONDS
SECONDS WEST, UPON AND WITH SAID 33 FOOT PARALLEL LINE, A DISTANCE OF 1552.08
FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE;
THENCE DEPARTING FROM SAID 33 FOOT PARALLEL LINE SOUTH 01 DEGREES 38 MINUTES 20
SECONDS WEST, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2.353 ACRES MORE OR LESS.
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EXHIBIT B
Map
Annexation
z PROPOSED ANNEXATION
EXISTING JURISDICTION
ANNEXATION AREA: CITY OF BUCKEYE
2.353 ACRES NTS
CITY OF BUCKEYE I ANNEXATION
SECTION 25 & 36 TIN, R4W, G&SRM
Dibble
EXHIBIT "A"
Engineering . PROPOSED ANNEXATION
SOUTHERN AVENUE — 5R85 TO 263RD AVE
Dibble Engineering DATE: MAR 2018
Project No 1017082 DRN: LDS CHK: CSD PAGE 2 OF 2
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