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Official Records of Maricopa County Recorder Helen Purcell 20140601992,09/11/ 2014 03:57,002659 - 6 - 1 -1-- ,N WHEN RECORDED RETURN TO: City of Buckeye ATTN: City Clerk, Lucinda J. Aja 530 East Monroe Avenue Buckeye, Arizona 85326 ORDINANCE NO. 12-14 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 MARICOPA COUNTY RIGHT-OF-WAY GENERALLY LOCATED ON TURNER ROAD SOUTH OF BASELINE ROAD AND THE UNION PACIFIC RAILROAD LINE. WHEREAS, the City of Buckeye, Arizona (the "City of Buckeye") desires to annex a certain tract of Maricopa County, Arizona right-of-way, generally located on Turner Road south of Baseline Road and the Union Pacific Railroad Line; and 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 finds that the right-of-way to be transferred to the City of Buckeye is adjacent to the City of Buckeye and accurately described and depicted in Exhibits A and B, 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 Exhibits A and B hereto, and that said territory is hereby annexed, transferred and declared to be a part of the City of Buckeye, Arizona. CAS:pr2 2218012.1 8/13/2014 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 9-47l(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 9-47l(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. PASS ED AND ADOPTED by the Mayor and City Council of the City of Buckeye, Arizona, this 2nd day of September, 2014. ATTEST: ~ ·~~g wfi.a _ UCillda Aja, City Clerd APPROVED AS TO FORM: Attachment: Exhibit A - Legal Description of Transferred Property Exhibit B - Annexation Map CAS:pr2 2218012.1 8/13/2014 2 EXHIBIT A TO ORDINANCE NO. 12-14 [Legal Description of Transferred Property] (Attached) CAS:pr2 2218012.1 8/13/2014 DESCRIPTION FOR TURNER ROAD ANNEXATION A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 SOUTH, RANGE 4 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 2 BEARING SOUTH 01 1., DEGREES 18 MINUTES 33 SECONDS WEST, 2728.42 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE NORTH 01 DEGREES 18 MINUTES 33 SECONDS EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 2, 1558.01 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE NORTH 83 DEGREES 32 MINUTES 56 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 33.31 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 33 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 33.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 2, 1561.86 FEET TO THE EAST-WEST MIDSECTION LINE OF SAID SECTION 2; THENCE NORTH 89 DEGREES 49 MINUTES 11 SECONDS WEST, ALONG SAID EAST-WEST MIDSECTION LINE, 33.01 FEET TO THE POINT OF BEGINNING AND CONTAINING A COMPUTED AREA OF 51,478 SQUARE FEET OR 1.182 ACRES OF LAND, MORE OR LESS. THE ATIACHED EXHIBIT 'A' IS TO BE INCLUDED AND MADE PART OF THIS DESCRIPTION. TURNER RD ANNEX DIBBLE ENGINEERING Page 1 of 2 PROJECT NO. 101157.01 EXHIBIT B TO ORDINANCE NO. 12-14 [Annexation Map] (Attached) CAS:pr2 2218012.1 8/13/2014 NW CORNER SECTION 2 BRASS CAP IN HANDHOLE BASELINE ROAD LINE DATA TABLE LINE BEARING DISTANCE L1 N01°18'33"E 1558.01' L2 N83°32'56"E 33.31' L3 SO 1°1 8 '33 "W ~ 561.86' L4 N 8 9 ° 4 9 ' 1 1 "W 33.01' L5 S01°18'33"W 2728.42' OGLESBY, LLC APN 401 -07-01 OJ FARMERS GIN INC APN 401-08-007H LEGEND MCDOT ... MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION COB ........ CITY OF BUCKEYE 40' MCDOT R/W R/W ........ RIGHT OF WAY INSTR 2002-0806245 ~~ .. MCDOT RIGHT OF WAY TO BE CONVEYED 55' COB R/W BK 1122, PG 37, MAPS --~'~~33' MCDOT R/W BK 17, PG 74, L MAPS N E -w MID-SECTION LINE W 1/4 CORNER SECTION 2 ANNEXATION AREA: BRASS CAP IN HANDHOLE 51,478 SF OR POINT OF BEGINNING 1 .182 ACRES