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ORDINANCE NO. 1569-115 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF AVONDALE BY ANNEXING THERETO A PORTION OF RIGHT-OF-WAY AND ROADWAY, GENERALLY LOCATED ALONG VAN BUREN ROAD EAST OF AVONDALE BOULEVARD. WHEREAS, it is the desire of the Council of the City of Avondale (the "City Council") to annex said territory into the corporate limits of the City of Avondale (the "City"); and WHEREAS, ARIZ. REV. STAT. § 9-471(N) allows for the annexation of county right-of- way and roadway containing no taxable real property into an adjacent city if the property to be annexed is adjacent to the city for the entire length of the annexation and if the city and the county each approve the proposed annexation as a published agenda item at a regular public meeting of their respective governing bodies; and WHEREAS, the property proposed for annexation (i) consists of (a) Maricopa County right-of-way and roadway and (b) City-owned right-of-way and roadway containing no taxable real property and (ii) is adjacent to the City for its entire length; and WHEREAS, this Ordinance has been duly posted as an agenda item at a regular meeting of the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVONDALE as follows: SECTION I. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The parcel of land in Maricopa County, Arizona, generally located along Van Buren Road east of Avondale Boulevard, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Annexation Area"), is hereby annexed into the corporate boundaries of the City of Avondale. SECTION 3. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. 22968211 SECTION 4. 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 Council of the City/of Avondale, kruary 20, 2015. Kegneth N. Weise, Mayor ATTEST: daifrite.A.t.)Ykdate Carmen Martinez, City Clerk APPROVED: ji\L Andrew J. McGuire, City Attorney 2296823.1 2 EXHIBIT A TO ORDNANCE NO. 1569-115 (Map and Legal Description of Annexation Area) See following pages. 2296823.1 VAN BUREN RIGHT-OF-WAY EAST OF AVONDALE BOULEVARD ANNEXATION LEGAL DESCRIPTION Those portions of Section 7, Township 1 North, Rangel East and Section 6, Township 1 North, Range 1 East, of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows: Commencing at the Northwest corner of Section 7, thence North 89°06'59" East along the north line of said Section 7 a distance of 683.00 feet to The True Point of Beginning; Thence North 00°00'111'West a distance of 23 feet a point on a line 23 feet North of and parallel with the South line of said Section 6; Thence North 89°06'59 East along said parallel line a distance of 83.46 feet; Thence departing from said line, North 00°0217"West a distance of 10.00 feet to a point on a line 33.00 feet North of a parallel with the South line of said Section 6; Thence North 89°06'59'`East along said parallel line for a distance of 478.03 feet; Thence departing from said line, South 00°19'22" East a distance of 33.00 feet to a pointon the North line of said Section 7 and the monument line of Van Buren Street; Thence North 89°06 159" East a distance of 1236.01 feet to the North quarter corner of said Section 7; Thence South 00°16'35"East along the mid-section line of Section 7 a distance of 65,00 feet to a point on a line parallel with and 65.00 South of the North line of said Section 7 being the South right—of-way line of Van Buren Street; Thence South °.06'59" West along said right-of-way line a distance of2400.85 feet; Thence departing from said line North 44°28 139"East a distance of 14.23 feet to a point on a line 55.00 feet south of a parallel with the South line of said Section 7; Thence North 89°06159"East along said parallel line a distance of 593,05 feet; Thence departing from said line, North 00°09'41 11West a distance of 55,00 feet to the True Point of Beginning. expires: June 30, 2016 CI South i cor. Sec 6 & ...1_ Wet . , . , I , ,, . ,92 ,1._,_____,._;_i__i. . . . . Alort.h 4.1. cor, Sec 7 1".1. „ I r., . ' . ' • , 0.1113.,23 .. '. ‘. ‘• ICI. :', billi 443 ' .'•i gICISTINalivoiqoAC .. -. . 0. . 1 0.RD 990_02 . •, ., , ., .. h HT _.::- ., ORD ...„ 358 ', . 1% • '. CiTYLWIT'S '• ‘. .' ". • '..' • '• . ' • ' . '0, • l', . . . . , • . • 1 . , KU, . . 0 . . . . . . 0 ORD • 716-9s. `, • . • vC.41:0 , . , • le' - ' 11/AOr ' a r,d 111/4 I rjr07-AF/X1 W .AFir. A' VAN BUREN STREET ORB .1'358 'ANNEXATION AREA NW cor. Sec. 7 TIN, R1E, G&SRM Yoricopa County, Az SW cor. Sec. 6 & —Ancor, Sec. 7 ORD 358 N89 '06'59E 683..00' ORD 900-02 1 DETAILS LINE TABLE 5 50019'22"E 33.00'_ N 8906 159"E 1236.01 4 NO SEARING DISTANCE 7 S0016'35"E 65.00' 1 N00"00'11"W 23.00' 8, 5890659"W 2400.85' 2 N89'06'59!'E 83.46' 9 N4428'39"E 14.23' 3 N00'02 117"W 10.00' 10 N89'06'59"E 593.05' N8906 159"E 4-78.03' 11 NOO'D9'41"W 55.00' Avondotei ,--ANNEXATION MAP VAN BUREN STREET R1GHT—OF—WAY EAST OF AVON-DALE BOULEVARD DEVELOPMENT AND Port of Sections 6 84 7, ENGINEERING T1N., RiE, 08cSRM SERVICES DATE: 12-17-2014 PROJECT NAME DSN: VAN BUREN ANNEXATION DEPARTVIENT DRN. LS EXPIRES: June 30, 2016 CHK: CH PAGE: 1 of 1