CITY OF AVONDALE ORD 2004-0125 - RECORDED.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
JUSTIN HEAP
20250049680 01/29/2025 01:15
ELECTRONIC RECORDING

ORD20040125-5-1-1--
Garciac

ORDINANCE NO. 2004-0125

AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA, DECREASING THE CORPORATE LIMITS OF THE CITY OF
AVONDALE BY DEANNEXING A PORTION OF RIGHT-OF-WAY,
GENERALLY LOCATED ALONG 107TH AVENUE NORTH OF
BROADWAY ROAD AND SOUTH OF LOWER BUCKEYE ROAD.

WHEREAS, Ariz. REV. STAT. § 9-471.03 (C) provides a method for deannexation of land
from one municipality and annexation to another municipality; and

WHEREAS, it is the desire of the City of Avondale (“Avondale”) to deannex to Maricopa
County, Arizona (“Maricopa”) a portion of right-of-way within Avondale’s corporate limits,
generally located along 107th Avenue, north of Broadway Road and south of Lower Buckeye
Road, as more particularly described and depicted on Exhibit A, attached hereto and incorporated
herein by reference (the “Deannexation Area”); and

WHEREAS, said Deannexation Area is contiguous to the corporate limits of Maricopa
County; and

WHEREAS, the Deannexation Area is comprised entirely of right-of-way, with no owners
of real property other than Avondale, such that notice as required by ARIZ. REV. STAT. §
9-471.03(F) is unnecessary.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVONDALE as follows:

SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.

SECTION 2. The Deannexation Area is hereby deannexed from the corporate boundaries
of Avondale, contingent upon the fulfillment of the conditions of ARIZ. REV. STAT. § 9-471.03.

SECTION 3. The City Clerk is hereby authorized and directed to file a copy of this
Ordinance with the Maricopa County Board of Supervisors with a request that the Board of
Supervisors set a hearing date as set forth in ARIZ. REV. STAT. § 9-471.03.

SECTION 4. If any provision of this Ordinance is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision or 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.

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SECTION 5. The Mayor, City Manager, City Clerk and 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, Arizona,

January 27, 2025.

ATTEST:

1 Wee

Mike Pineda

Mike Pineda (Jan 29, 2025 12:10 MST)

Mike Pineda, Mayor

Marcella Sarmiento, City Clerk

APPROVED AS TO FORM:

Michelle Nannie

Nicholle Harris, City Attorney

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EXHIBIT A
TO
ORDINANCE NO. 2004-0125

[Legal Description and Map of Deannexation Area]

See following pages

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¢ GROUP

Job No. 21-0147 August 12, 2024

Legal Description
Entrada — 107 Avenue
DE-ANNEXATION

A portion of the East Half of Section 19, Township 1 North, Range 1 East, of the Gila and Salt River Meridian,
Maricopa County, Arizona, and more particularly described as follows:

COMMENCING at a 4-inch Maricopa County brass cap flush at the Southeast Corner of said Section 19, from
which a 4-inch Maricopa County brass cap flush at the South Quarter Corner of said Section 19, bears South 89
degrees 26 minutes 07 seconds West, 2,599.52 feet;

thence along the South line of the Southeast Quarter of said Section 19, South 89 degrees 26 minutes 07 seconds
West, 33.00 feet to the POINT OF BEGINNING.

thence continuing along said South line, South 89 degrees 26 minutes 07 seconds West, 32.00 feet;

thence along the West line of the east 65.00 feet of said Southeast Quarter, North 0 degrees 37 minutes 32
seconds West, 2653.59 feet;

thence along the West line of the east 65.00 feet of the Northeast Quarter of said section 19, North 0 degrees
41 minutes 57 seconds West, 332.19 feet;

thence North 88 degrees 52 minutes 30 seconds East, 32.00 feet;

thence along the West line of the east 33.00 feet of said Northeast Quarter, South 0 degrees 41 minutes 57
seconds East, 332.44 feet;

thence along the west line of the east 33.00 feet of the Southeast Quarter of said section 19, South 0 degrees
37 minutes 32 seconds East, 2653.64 feet to the POINT OF BEGINNING.

Said portion of land containing 95,550 square feet, or 2.1935 acres, more or less, and being subject to any
easements, restrictions, and/or rights-of-ways of record or otherwise.

This description shown hereon is not to be used to violate subdivision
regulations of the state, county and/or municipality, or any other land
division restrictions.

ROBERT A.
JORNS TON oy,

ale

AZ 85201

S:\Projects\2021\21-0147\Land Survey\Legals\21-0147 107th Ave - ROW_LDv3.docx

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EXHIBIT "A"
MATCH LINE SEE BELOW RIGHT

Aug 12, 2024 5:20pm S:\Projects\2021\21—0147\Land Survey\Legals\21—0147 107th Ave — ROW_ExV3.dwg

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BROADWAY ROAD

21-0147

ENTRADA - 107TH AVENUE
EXHIBIT "A"

1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201

EPS

T:480,503.2250 | F:480.503.2258

DE - ANNEXATION

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www.epsgroupinc.com

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