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When Recorded Return to: City Clerk City of Buckeye 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 06-19 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 HAZEN ROAD FROM APPROXIMATELY WILSON ROAD TO STATE ROUTE 85, 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 MARI COP A COUNTY. WHEREAS, the City Council adopted Ordinance 16-08, which annexed 9.083 acres of right-of-way along Hazen Road from approximately Wilson Road to State Route 85; 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 ofright-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; and 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. TAS:cmy 3419256.1 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 o day of January, 2019. ATTEST: By~ ~ melo---- uinda Aja, City Cl k ~ , - d ~ - CityAttorney 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. 06-19 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 \.L_ Council Members were present thereat. DATED: /-ts , 2019. ~ -14- · ~ City Clerk ---= TAS:cmy 3419256.1 12/19/2018 2 EXHIBIT A Legal Description DeAnnexation ANNEXATION LEGAL DESCRIPTION HAZEN ROAD- WILSON ROAD TO SR85 CITY OF BUCKEYE THE NORTH 33 FEET OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 4 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; TOGETHER WITH THE SOUTH 33 FEET OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 4 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; TOGETHER WITH THE SOUTH 33 FEET OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH RANGE 4 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; TOGETHER WITH THAT PART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 4 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 10, FROM WHICH THE NORTHEAST CORNER THEREOF BEARS NORTH 00 DEGREES 29 MINUTES 17 SECONDS EAST, A DISTANCE OF 2649.00 FEET; THENCE NORTH 00 DEGREES 29 MINUTES 17 SECONDS EAST, A DISTANCE OF 33.00 FEET TO A POINT ON A LINE 33 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 47 MINUTES 28 SECONDS WEST, ALONG AND WITH SAID PARALLEL LINE, A DISTANCE OF 359.40 FEET; THENCE DEPARTING FROM SAID PARALLEL LINE, NORTH 00 DEGREES 11 MINUTES 34 SECONDS WEST A DISTANCE OF 17.00 FEET TO A POINT ON A LINE 50 FEET NORTH OF ·. AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; TAS:cmy 3419256.l 12'19/2018 3 THENCE SOUTH 89 DEGREES 47 MINUTES 28 SECONDS EAST, ALONG AND WITH SAID 50 FOOT PARALLEL LINE, A DISTANCE OF 359.58 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE SOUTH 00 DEGREES 29 MINUTES 17 SECONDS WEST A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE SOUTH 33 FEET OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH RANGE 4 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT THE EAST 202 FEET THEREOF; TOGETHER WITH THE EAST 202 FEET OF THE SOUTH 40 FEET OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 4 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; TOGETHER WITH THATPARTOFTHENORTHWESTQUARTEROF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 4 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 11, FROM WHICH THE NORTHWEST CORNER THEREOF BEARS NORTH 00 DEGREES 29 MINUTES 17 SECONDS EAST, A DISTANCE OF 2649.00 FEET; THENCE NORTH 00 DEGREES 29 MINUTES 17 SECONDS EAST, ALONG AND WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 11, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG AND WITH SAID WEST LINE, NORTH 00 DEGREES 29 MINUTES 17 SECONDS EAST, A DISTANCE OF 13.00 FEET TO A POINT ON A LINE 46 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 11; THENCE DEPARTING FROM SAID WEST LINE, NORTH 89 DEGREES 56 MINUTES 26 SECONDS EAST, ALONG AND WITH SAID PARALLEL LINE, A DISTANCE OF 240.50 FEET; THENCE DEPARTING FROM SAID PARALLEL LINE, SOUTH 00 DEGREES 09 MINUTES 39 SECONDS EAST A DISTANCE OF 13.00 FEET, TO A POINT ON A LINE 33 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 11; TAS:cmy 3419256.1 12119/2018 4 THENCE SOUTH 89 DEGREES 56 MINUTES 26 SECONDS WEST, ALONG AND WITH SAID 33 FOOT PARALLEL LINE, A DISTANCE OF 240.63 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE SOUTH 33 FEET OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH RANGE 4 WEST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT THAT PORTION, LYING EAST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 11, FROM WHICH THE NORTHEAST CORNER THEROF BEARS NORTH 00 DEGREES 33 MINUTES 24 SECONDS EAST, A DISTANCE OF 2624.46 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 25 SECONDS WEST, ALONG AND WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 1661.15 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROUTE 85, AND THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID SOUTH LINE, NORTH 00 DEGREES 00 MINUTES 46 SECONDS EAST, ALONG AND WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF 102.00 FEET TO THE POINT OF TERMINUS. CONTAINING A COMPUTED AREA OF 9.083 ACRES, MORE OR LESS. TAS:cmy 3419256.1 12'19/2018 5 EXHIBITB Map Deannexation ot;~.\ 1··. ·. : ~ :\//::::::-. ·-.::::::~}~:~)::iiio-. -~ 1 0 Cfl \_· :::i ~ 0v <.G ::::\.::::::::\::::::::~_::::::-:::\:::::::-.. ·. :::-:·~i~;~~~~- ·. ·. ·. ·. ·. ~ ~ . _ CNTR ¾ COR SEC 10 : I . W ¾ COR SECTION 10 \ ·. DE-ANNEXATION\ l ·. · ... ··.::::::::::::::::)~~::::::::}:::::::::::: ... i!i I E COR SECTION 10 ! W COR SECTION 11 POINT OF COMMENCING . ........ ..... . . . . . ·• . .. . ........... . . . ......... . ......... . . ' . . . . . . . I ·. ORD 16-08 · .. . . . .......... . . . . . · . ........ . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. • .. .. • . .. .. .. .. . • • • • I.() ··.::,:-.:·.:-.:· .. , (<:-\, "<\:::::::::::::::::::::::::-.. CX) ! . 202.00 . . ."\_·. 0 . • . . . . • • . . • . er: \:·.:·.\· ... :- -...-.:~-:-.. \·.:-.:·.:·.:,.:·.:-.:·.:-.:-.. (f) •.•.· •·.· .. ·•· .• ·.·. ·r· ___ · -~ i 1661.15' l PROPOSED CNTR ¾ COR SEC 11 DE-ANNEXATION Ii E COR SECTION 10 E COR SECTION 11 W COR SECTION 11 POINT OF COMMENCING , T1 s, R4W, G&SRM f MARICOPA COUN1Y, AZ. t """~~""'"""'~ PROPOSED ! ~ DE-ANNEXATION DE-ANNEXATION AREA I·.,_.·.·.·.-.·.-.·.·.·.,_'_· EXIS_ TING JURISDICTION 9.083 ACRES .'· ·. · ·. ·. '- ·. ·. ·. · '-. CITY OF BUCKEYE NTS CITY OF BUCKEYE DE-ANNEXATION j SEC 10 AND 11, T1S R4W, G&SRM Dibble EXHIBIT "A" t Engineering· PROPOSED DE-ANNEXATION HAZEN ROAD j WILSON ROAD TO STATE ROUTE 85 I Dibble Engineering DATE: APR 2018 PAGE 4 OF 4 Project No 1017082 DRN: LDS CHK CSD: TAS:cmy 3419256.1 12/19/2018 6