021815 MARICOPA COUNTY ORDINANCE.PDF

ORDINANCE
C-64-15-072-M-01
WHEREAS, A.R.S. § 9-471.02 and 9-471.03 provide a method for deannexation of land from a
municipality to a county; and
WHEREAS, pursuant to A.R.S. § 9-471.03(C), the City of Peoria passed and adopted Ordinance
No. 2014-32 declaring the deannexation of the territory described as follows:
A parcel of land being a portion of the right-of-ways of 99th avenue and Peoria
Avenue, as well as, a portion of that tract as conveyed to S.C. Properties, L.L.C. by
deed of record in docket 8433, page 177, Maricopa County Records (MCR) and all
lying within the southwest quarter of section 21 of the West half of Section 28,
Township 3 North, Range 1 East of the Gila & Salt River Meridian, City of Peoria,
Maricopa County, Arizona, more particularly described as follows:
Commencing at the southwest corner of said section 28 (calculated) from which Point
the West quarter corner thereof (calculated) bears N00°2927"W a distance of
2651.87 feet; Thence N0°29'27"W, along the West line of the Southwest quarter of said
Section 28, a distance of 2540.43 feet to a point on the East right-of-way line of said 99 th
Avenue; said point being point of beginning #1; Thence N0°29'27"W, continuing along
said West line, a distance of 111.44 feet to the West quarter corner of said Section 28
(calculated), said point being the Southwest corner of said S.C. Development Company
Tract; Thence N0°28'02"W, along the West line of the Northwest quarter of said Section
28, said line being the West line of said S.C. Companies Tract, a distance of 40.01 feet;
Thence N88°1238"E, across said S.C. Development Company Tract, a distance of 40.01
feet to a point to be known as point "A"; Thence S0°28'02"E, continuing across said S.C.
Development Company Tract along a line 40.00 feet east of and parallel to said West
line of the Northwest quarter, a distance of 40.01 feet to a point on the South line thereof;
Thence S88°12 138"W, along said South line, a distance of 11.82 feet to a point on said
East right-of-way line of 99 th Avenue, said point being the beginning of a non-tangent
curve to the right, from which point the radius point bears N78°2216W; Thence 115.69
feet along the arc of said curve to the right and said East right-of-way line, having a
radius of 1658.09 feet, central angle of 3°59'40" and a chord bearing S13°37'34"W to
point of beginning#1;
AND
Commencing at said Point '`A"; Thence N0°28'02"W, along a line 40.00 feet east of and
parallel to said West line of the Southwest quarter of Section 28, a distance 16.90 feet to
Point of Beginning #2; Thence N0°28'02"W, across said S.C. Development Company
Tract and the right-of-way line of said 99th Avenue along a line 40.00 feet East of and
Parallel to said West line of the Southwest quarter of Section 28, a distance of 2582.23
feet to the Northwest corner of said section 28 (calculated); Thence N0°2612"E,
continuing across the right-of-way of said 99th Avenue along a line 40.00 feet East of and
parallel to the west line of the said Southwest quarter of Section 21, a distance of
2556.44 feet to a point on the North line of said southwest quarter; Thence N87°13'02"E
along said North line, a distance of 25.04 feet to a point on the East right-of-way of said
99th Avenue; Thence S0°26'10"W, along said east right-of-way line of 99th Avenue along
a line 65.00 feet east of and parallel to the west line of the Northwest quarter of said
Section 21, a distance of 3.66 feet; Thence S0°2612"W, continuing along said East right-
of-way line, a distance of 2466.45 feet to the intersection with the north right-of-way line
of Peoria Avenue; Thence S45°42'32"E, along said North right-of-way line, a distance of
42.12 feet; Thence N88°08'34"E, continuing along said North right-of-way line, a

distance of 14.83 feet; Thence S1 °5126"E, across the .right-of-way of said Peoria
Avenue, a distance of 110.00 feet to a point on the south right-of-way line thereof being
the beginning of a non-tangent curve to the left from which point the radius point bears
S1°51'26"E; Thence 77.33 feet along the arc of said curve to the left and said East right-
of-way line, having a radius of 50.00 feet, a central angle of 88°36'35" and a chord
bearing S43°50 116"W to the point of tangency; Thence S0°28 102"E, continuing along said
East right-of-way line, a distance of 2182.04 feet to an angle point in said right-of way
line; Thence across said S.C. Development Company Tract the remaining courses and
distances:
S0°27'21"E a distance of 100.60 feet;
S0°31'30"E a distance of 27.85 feet;
S8°1822"W a distance of 50.62 feet;
S7°05 156"W a distance of 18.74 feet;
S6°24'13"W a distance of 19.25 feet;
S7°31'37"W a distance of 35.04 feet;
S8°35'08"W a distance of 37.20 feet;
S9°03'24"W a distance of 10.81 feet to Point of Beginning #2.
The above description contains:
Area#1 3,249 S.F. (0.0746 acre) + Area#2 132,547 S.F. (3.0429 acres) = 135,796 S.F.
(3.1174 acres). The basis of bearing for the above described parcel is N0'29'27"W
for the West line of the Southwest quarter of Section 28, Township 3 North, Range 1 East
of the Gila & Salt River Meridian, Maricopa County, Arizona, as shown on a Record of
Survey PLSS subdivision - Maricopa County Geodetic Densification and Cadastral
Survey (GDACS) recorded in book 863, page 7, (MCR), and
WHEREAS, it is the desire of Maricopa County to receive the certain deannexed territory now
within the corporate limits of the City of Peoria; and
WHEREAS, the territory proposed to be severed and returned to Maricopa County meets the
conditions outlined in A.R.S. § 9-471.03, and
WHEREAS, Maricopa County Department of Transportation conducted an analysis of the impact of
the Deannexation as follows:
The City of Peoria annexed land area east of a line 40' east of the 99th Avenue section
line on May 23, 1963. On November 21, 1966, The Board of Supervisors, adopted a
resolution declaring 99th Avenue to 65 feet east of the 99th Avenue section line for a
road improvement project, project 56-372. A 25 foot strip of the roadway declared was in
Peoria jurisdiction. By declaration of 99th Avenue, the operation and maintenance of the
25' strip in Peoria jurisdiction was assumed by Maricopa County. The Department of
Transportation has maintained the entire width of 99th Avenue to 65' east of the 99th
Avenue section line since the construction of the MCDOT road improvement project.
Since a 25 foot portion of 99th Avenue lies within City of Peoria jurisdiction, Peoria and
MCDOT have agreed that it is in the best interest of both parties to de-annex from the
City of Peoria that portion lying within the 99th Avenue corridor that is maintained by
MCDOT to avoid confusion between the two entities as to which is responsible for the
road maintenance, regulation and policing as well as a benefit to the public by making it
easier to determine which entity to contact regarding issues related to the road. Also,
since MCDOT is currently maintaining the road in question, there would not be additional
financial burden due to this action beyond what it already has. MCDOT would assume full
liability in the de-annexed strip as the City of Peoria would no longer be the jurisdiction of
record. Supervisory District No. 4, and
WHEREAS, after such notice as was appropriate and legally required, the Maricopa County Board
of Supervisors scheduled a hearing on the matter on February 18, 2015; and

WHEREAS, it was determined at such hearing that requirements pursuant to A.R.S. § 9-471.03 (C,
D and E) have been satisfied; and
WHEREAS, it is the determination of the Board of Supervisors that the public interest is served by
the deannexation; and
WHEREAS, no protests were filed before the Board of Supervisors,
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Maricopa County, Arizona,
that the territory earlier described in Peoria Ordinance No. 2014-32 is hereby declared to be returned to
Maricopa County contingent on the remaining requirements of A.R.S. § 9-471.03 including the final public
hearing scheduled for March 25, 2015.
PASSED AND ADOPTED by the Board of Supervisors of Maricopa County, Arizona, this 18th day
of February, 2016.
Steve Chucri
Chairman, Board of Supervisors