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OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 20131002352 11/20/2013 0155 ELECTRONIC RECORDING 1120131-7-1-1-- York's ORDINANCE NO. 2013-21 AN ORDINANCE OF THE CITY OF PEORIA, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF PEORIA, ARIZONA, MAR ICOPA COUNTY, STATE OF ARIZONA PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE are OF PEORIA, AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE FOR 'THE ANNEXATION. WHEREAS, the territory described in Exhibit A, attached hereto and incorporated herein by reference thereto, and as illustrated on the map attached hereto as Exhibit B, which is likewise incorporated herein reference thereto, is existing Maricopa County right of way (hereafter °right of way), known as Butler Drive between Sri and 79th Avenues; and WHEREAS, such right of way has no taxable real property located within such right of way; and WHEREAS, the City of Peoria, Arizona is desirous of extending and increasing the corporate limits of the City of Peoria, Arizona to include the right of way; and WHEREAS, the right of way is adjacent to the existing corporate limits of the City of Peoria, Arizona for the entire length of the proposed annexation; and WHEREAS, the governing body of Maricopa County, Arizona has or contemplates giving its mutual consent to the annexation of such territory within the County right of way by the City of Peoria. Arizona; and WHEREAS, by adoption of this ordinance, it is the intent and desire of the Mayor and Council of the City of Peoria, Arizona, to mutually consent to and to annex the right of way to the City of Peoria, Arizona, and to give their mutual consent thereto; Ordinance No. 2013-21 Annexation Ordinance — Butler Drive November 5, 2013 Page 2 of 3 Pages NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Peoria, Arizona as follows: SECTION 1. That the territory in the Maricopa County right of way as described in Exhibits A and B attached hereto is hereby annexed to the City of Peoria, Arizona, and that the present corporate limits of the City of Peoria, Arizona are hereby extended and increased to include the Maricopa County right of way described in Exhibits A and B attached hereto, all of which such right of way is contiguous for the entire length thereof to the present corporate limits of the City of Peoria, Arizona. SECTION 2. That a copy of this Ordinance, together with an accurate map of the territory hereby annexed to the City of Peoria, Arizona, certified by the Mayor of said City be forthwith filed and recorded in the office of the County Recorders of Maricopa County, Arizona. SECTION 3. The annexation herein provided for shall become effective upon the last of the following to occur: 1. The effective date of this Ordinance, in the manner prescribed by law, or 2. The date that the consent of the governing body of Maricopa County, Arizona consenting the annexation herein enacted shall become effective in the manner provided by law. SECTION 4. WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Peoria, Arizona that this Ordinance become immediately effective, an emergency is declared to exist, and this Ordinance shall be effective immediately upon its passage and adoption. Ordinance No. 2013-21 Annexation Ordinance - Butler Drive November 5, 2013 Page 3 of 3 Pages PASSED AND ADOPTED by the Mayor and Council of the City of Peoria, Arizona this 5th day of November, 2013. Bob Barrett, Mayor 'kVOi ..Zof> Date Signed ' ATTEST: _ Al.ab.ar R onda Geriminiky, City Clerk APPROVED AS TO FORM: Stephen M. Kemp, City Attorney Published in: Peoria Times Pub. Dates: November 15 and 22, 2013 Effective Date: DeteXiklace- i I 12.013 EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF RIGHT—OF—WAY OF 83RD AVENUE, BUTLER DRIVE AND 79TH AVENUE, ALL LOCATED IN THE NORTH HALF OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 35 (3" MCDOT BRASS CAP IN HAND HOLE) FROM WHICH POINT THE NORTHWEST CORNER THEREOF (3" MCDOT BRASS CAP IN HAND HOLE) BEARS N 0'32'35" E A DISTANCE OF 2634.78 FEET; THENCE N 88'33'42" E, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35, A DISTANCE OF 33.02 FEET TO THE POINT OF BEGINNING; THENCE ACROSS SAID NORTH HALF OF SECTION 35 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1.) N 0'32'35" E, ACROSS THE RIGHT—OF—WAY OF SAID 83RD AVENUE, A DISTANCE OF 33.02 FEET; 2.) N 88'33'42" E, ACROSS SAID 83RD AVENUE, BUTLER DRIVE AND 79TH AVENUE ALONG A LINE 33.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTH HALF OF SECTION 35, A DISTANCE OF 2666.12 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF 79TH AVENUE AS SHOWN ON THE FINAL PLAT OF PEORIA INDUSTRIAL PARK RECORDED IN BOOK 232, PAGE 27, MARICOPA COUNTY RECORDS (MCR): 3.) S 025 114" W, ALONG SAID EAST RIGHT—OF—WAY UNE, A DISTANCE OF 33.02 FEET TO A POINT ON SAID SOUTH LINE OF THE NORTH HALF OF SECTION 35; THENCE S 8833'42" W, ALONG SAID SOUTH LINE OF THE NORTH HALF OF SECTION 35, A DISTANCE OF 40.02 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 35 (CALCULATED); THENCE S 88'33'42' W, CONTINUING ALONG SAID SOUTH UNE OF THE NORTH HALF OF SECTION 35, A DISTANCE OF 2626.17 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION CONTAINS 87,983 S.F. (2.0198 ACRES) OF LAND, MORE OR LESS, INCLUDING ANY EASEMENTS OF RECORD, THE BASIS OF BEARING FOR THE ABOVE DESCRIPTION IS N 0'32'35" E FOR THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE GILA & SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA AS SHOWN ON THE RECORD OF SURVEY PLSS SUBDIVISION — MAR1COPA COUNTY GEODETIC DENSIFICATION AND CADASTRAL SURVEY (GDACS) RECORDED IN BOOK 863, PAGE 7, MARICOPA COUNTY RECORDS Sheet 'I of 4 Professional Land StaveyorAZ No, 33868 TITLE: BUTLER DRIVE - 83RD AVE. TO 79TH AVE. Digitally signed by Troy A. RIGHT-ORNAY ANNEXATION Ray RL5 Date: 2013.10.09 09;34:05 Preparing Firm: RITOCH-PO WELL & ASSOCIATES, INC. -07'00' Address: 3838 N. CENTRAL AVE., SUITE 1250 PHOENIX, AZ 85012 (arphes 61301i4) ,802-283-1177 Fax 802-277-8286 ELECTRONIC 16801mormbinthicasysi SEAL EXHIBIT A SKETCH NORTHWEST CORNER ADJACENT CITY OF PEORIA ANNEXATIONS SCALE: SECTION 35, PEORIA ORDINANCE NUMBER 2010-31 1'1=200' T3N, RiE PEORIA ORDINANCE NUMBER 149 N 1/2 (3" mCDoT 1 PEORIA ORDINANCE NUMBER 106 SEC 35 BRASS CAP IN PEORIA ORDINANCE NUMBER 09-16 T 3 N HAND HOLE) PEORIA ORDINANCE NUMBER 08-42 R 1 E r- "co tr) W6- LEFT 41.4 11 re' cr) t9 LI BUTLEFI DRIVE BELOW poC z cla ),IYIT 1/4 L1 L2 KI88•33'42"E dRNER /W. SECTION 35, (3" MCDOT .88•33 142"W 2626.179 BRASS CAP IN 1 ANNEXATION UNINCORPORATED HAND HOLE) AREA MARIcopA COUNTY SO•14'32E NORTH 1/4 CORNER 2579.87' SECTION 35, T3N, Ri E SOUTHWEST ANNEXATION (3" MCDOT BRASS CAP CORNER AREA IN HAND HOLE) sECTioN 35, 87,983 SQ.FT. T3N, R1E (2.0198 ACRES) (CALCULATED) PEORIA i INDUSTRIAL ANNEXATION d PARK AREA auTLER DRIVE 1'1 (BK. 232, —N8613'42"E 2666.12 1 — Pc. 27, Jr 41W7r /./ .79 VZ/VA?2? MCR) • —S8813.42"W 2626.17' L3 CENTER SECTION 35r/ I L4 13N, RlE (CALCULATED) MARICOPA COUNTY Sheet 2 of 4 ** SEE LINE TABLE ON SHEET 5 ** Professional Land Suiveyor AZ No. 33868 TITLE: SUTLER DRIVE - 83RD AVE. TO 79TH AVE Digitally signed by Troy RIGHT-OF-WAY ANNEXATION A. Ray RLS Date: 2013.10.09 09:34:26 Preparing Firm: RITOCH-POWELL & ASSOCIATES, INC. -07'00' L Address: 3838 N. CENTRAL AVE., SUITE 1250 PHOENIX, AZ 85012 (Expires W0/71) ELECTRONIC SEAL Phone: 602-263-1177 Fax: 602-277-6286 Attpx4...w.bowstest.., LINE TABLE LINE BEARING 4 LENGTH Li N88'33 142u E 33.02' L2 NO*32135bE 33.02' L3 3025'14"W 33.02' L4 585-33'42"W 40.02' Sheet 3 of 4 Professions! Lend Surveyor AZ No 33868 TITLE: BUTLER DRIVE • 83RD AVE. TO 79TH AVE. Digitally signed by Troy A. RIGHT-OF-WAY ANNEXATION Ray RLS Date: 2013.10.09 09:3446 Preparing Firm: RITOCH-POWELL & ASSOCIATES, INC. -07'00' L. Address: 3838 N. CENTRAL AVE., SUITE 1250 PHOENIX, AZ 85012 (expires EV30114) ELECTRONIC SEAL Phone: 602-263-1177 Fax: 602-277-6286 Warmvitr.itafaszawl EXHIBIT B SKETCH VICINITY MAP NORTHWEST CORN ER SECTION 35 (3"14CDOT BCHH) OLIVE AVENUE NW 1/4 NE 1/4 SECTION 35 T 3 N, R 1 E BUTLER DRIVE WEST 1/4 CORN ER 33' WIDE STRIP OF LAND SECTION 35 TO BE ANNEXED IsfiCOOT 5 BCHH) < NTS I SI SW 1/4 SE 1/4 SEC T 3 N 35 IT Ri E NORTHERN AVENUE Sheet 4 of 4 Professional Land Surveyor AZ No. 33868 TITLE: BUTLER DRIVE - 83RD AVE. TO 79TH AVE. Digitally signed by Troy A. RIGHT-OF-WAY ANNEXATION Ray RLS Preparing Firm: RITOCH-POWELL & ASSOCIATES, INC, Date: 2013.10.0909:35:04 -07'00' Address: 3838 N. CENTRAL AVE., SUITE 1250 PHOENIX, AZ 85012 (Expires WON4) ) Phone: 602-263-1177 Fax 602-2774286 ELECTRONIC hepeuvechir.tereestel SEAL City of Peoria 8401 West Monroe Street, Peoria, Arizona 85345 Ph: 623-773-7340 Fax: 623-773-7304 February 19, 2014 To Whom It May Concern: RE: Peoria Ordinance No. 2013-21 Attached is a copy of the Ordinance referenced above in connection with the annexation of certain territories by the City of Peoria. If applicable, please forward all current plans and permit files for projects located within the annexed/de-annexed area to the City of Peoria, Planning and Community Development Department, 9875 N. 85 th Avenue, Peoria AZ 85345. If you have any questions, please contact the Planning and Community Development Department at 623-773-7601. Sincerely, Rhonda Geriminsky City Clerk Enclosure