ORDINANCE 02-16.PDF

Maricopa County — Formal (2016-04-06)

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WHEN RECORDED RETURN TO:
City of Buckeye
ATTN: City Clerk, Lucinda J. Aja
530 East Monroe Avenue
Buckeye, Arizona 85326
ORDINANCE NO. 02-16
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 2.41 ACRES OF MARICOPA COUNTY
RIGHT-OF-WAY GENERALLY LOCATED ON DEAN ROAD BOUNDED
BY THE ROOSEVELT IRRIGATION DISTRICT CANAL AND
DURANGO STREET.
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 Dean Road bounded by the Roosevelt Irrigation District Canal and Durango Street.
WHEREAS, said right-of-way must meet the requirements of 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, 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
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Exhibit A hereto, and that said territory is hereby annexed, transferred and declared to be a part
of the City of Buckeye, Arizona.
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.
PASSED AND ADOPTED by the Mayor and City Council of the City of Buckeye,
Arizona, this 16th day of February 2016.
ATTEST:
APPROVED AS TO FORM:
Attachment: Exhibit A — Legal Description and Exhibit
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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. 02-16 was duly passed by the Mayor
and Council of the City of Buckeye, Arizona, at a regular meeting held on February 16, 2016, and
the vote was 6, aye's, . 0/ nay's, p'abstained and / were absent and that the Vice Mayor
and A—Council Members were present thereat.
DATED: February 16, 2016,
Enda J. Aja, City Clerk
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EXHIBIT A
TO
ORDINANCE NO. 02-16
[Legal Description of Transferred Property]
(Attached)
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EXHIBIT A
DEAN ROAD AS DEDICATION ON THE MAP OF PHOENIX SKYLINE WEST
ONE, FILED IN BOOK 137 OF PLATS AT PAGE 19, IN THE OFFICE OF
THE RECORDER FOR THE COUNTY OF MARICOPA, STATE OF ARIZONA
CONTAINING 2.41 ACRES±.
•:-.DURANGO STREET
—HILTON AVENUE
.PHOENIX SKYLINE WEST ONE.
137/MAPS/1 9
GRAPHIC SCALE
Co
0 150 300 600
O) LC)
• • (IN FEET)
- WATKINS STREET –z 1 IN = 300 FT
z • • •
o 0- • • •
1.=
z . • •
o • •
z o • •
ORIGINAL PLAN DATE REVISION DATE
2016.01.20 2016.01.20
PROJECT SHEET NUMBER
BUCKEYE AZ DEAN ROAD SV1
ANNEXATION