BUCKEYE ORD 09-16.PDF

WHEN RECORDED RETURN TO:
City of Buckeye
ATTN: City Clerk, Lucinda J. Aja
530 East Monroe Avenue
Buckeye, Arizona 85326
'ORDINANCE NO. 09-16
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/TRANSFERRING A
TRACT OF APPROXIMATELY 5.2 ACRES OF MARICOPACRIGHT-OF-
WAY GENERALLY LOCATED ON LOWER BUCKEYE ROAD
BETWEEN WATSON AND RAINBOW ROADS.
WHEREAS, the City of Buckeye, Arizona ("City of Buckeye") desires to annex a
certain tract of Maricopa County, Arizona right-of-way, fifty-five (55) feet in width, generally
located on Lower Buckeye Road between Watson and Rainbow Roads.
WHEREAS, said right-of-way must meet the requirements of Arizona Revised Statutes
Section 9-47l(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, said right-of-way to be transferred to the City of Buckeye is adjacent to the
annexing municipality, namely the City of Buckeye.
NOW THEREFORE BE IT ORDAINED, by the Mayor and City Council of the City
of Buckeye, Arizona, as follows:
Section 1. The City Council hereby determines that the right-of-way to be transferred to
the City of Buckeye is accurately described and depicted in Exhibit A, attached hereto and
incorporated herein.
Section 2. The corporate limits of the City of Buckeye are hereby increased so as to
include within the corporate limits of the City of Buckeye the territory described and depicted in
Exhibit A hereto, and that said territory is hereby annexed, transferred and declared to be a part
of the City of Buckeye, Arizona.
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Section 3. A certified copy of this Ordinance shall be filed with the Board of
Supervisors, Maricopa County, Arizona for the Board of Supervisors' action on the transfer
pursuant to Arizona Revised Statutes Section 9-471(N).
Section 4. The transfer of the above-described right-of-way to the City of _Buckeye is
contingent upon the approval of the transfer by the Maricopa County Board of Supervisors in
compliance with Arizona Revised Statutes Section 9-471(N).
Section 5. The City Clerk shall, upon the Maricopa County Board of Supervisors'
approval of the transfer, take all appropriate and necessary actions to finalize the
annexation/transfer of the right-of-way approved hereby.
Section 6. The Mayor and City Council hereby elect that the City of Buckeye be the
provider of regular City Fire Department services to the territory annexed by this Ordinance to
the extent such territory is in the jurisdiction and service area of the Buckeye Valley Rural Fire
District.
Section 7. The Mayor, the City Manager, the City Clerk, and the City Attorney are
hereby authorized and directed to take all steps necessary to carry out the purpose and intent of
this Ordinance.
PAS SED AND ADOPTED by the Mayor and City Council of the City of Buckeye,
Arizona, this 17th day of May 2016.
ATTEST:
~~cQ{J.~
Lucinda J. Aja, City rk
APPROVED AS TO FORM:
Scott W. Ruby, City Atto
Attachment: Exhibit A - Legal Description
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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. 09-16 was duly passed by the Mayor
and Council of the City of Buckeye, Arizona, at a regular meeting held on May 17, 2016, and tl>e
vote was _!1_ aye's, _t;f_ nay's, ., d abstained and~ were absent and that the Mayor and~
Council Members were present thTe;rt.
DATED: May 17,2016.
\
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EXHIBIT A
TO
ORDINANCE NO. 09-16
[Legal Description of Transferred Property]
(Attached)
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EXHIBIT A
THE SOUTH 55 FEET OF SECTION 15, T1 N, R3W GILA AND SALT RIVER BASE AND MERIDIAN,
SHOWN AS LOWER BUCKEYE ROAD ACCORDING TO THE PLAT OF PHOENIX SKYLINE WEST
THREE AMENDED, AS FILED IN BOOK 209 OF PLATS AT PAGE 33, IN THE OFFICE OF THE
RECORDER FOR THE COUNTY OF MARICOPA, STATE OF ARIZONA. TOGETHER WITH THAT AREA
SHOWN AS A 20 RADIUS RETURN AT THE INTERSECTION OF WATSON ROAD AND LOWER
BUCKEYE ROAD, ACCORDING TO SAID PLAT. EXCEPTING THE EAST 1085 FEET PREVIOUSLY
ANNEXED TO CITY OF. BUCKEYE ACCORDING TO ANNEXATION ORDINANCE NO. 17-12 AND THE
WEST 55 FEET PREVIOUSLY ANNEXED TO THE CITY OF BUCKEYE ACCORDING TO ANNEXATION
ORDINANCE NO. 36-07. CONTAINING 5.2 ACRE±
I
I ~AREA TO BE ANNEXED
,l::::::::t;::::::::?J CURRENT CITY LIMITS
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.::PHOENIX SKYLINE WEST THREE-AMENDED
BOOK. 209 MAPS, PAGE 33
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z ("{) :-:-:-:-:-:-:-:-:·:-:-ANNEXATION NO. A06-02.:-:-:-:-:-:-:·:·:·:·: ·:·:·:·:·:·:·:·:·:·:-ANNEXATION NO. A00-24.:-:·:·:~-:-:-:-:-:-: LO
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GRAPHIC SCALE (f)
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0 500 1000 2000 .-.L..L....L.-1."-L..L..£.....L....LJ
LOWER BUCKEYE ROAD
(IN FEET) DE~AIL
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1 IN= 1000 FT NO SCALE
ORIGINAL PLAN DATE REVISION DATE
2016.03.22 2016.03.22
PROJECT SHEET NUMBER
BUCKEYE,AZ LOWER BUCKEYE ROAD SV1