CITY OF AVONDALE ORD 2035-1025.PDF
Extracted text (via ocr_local)
4778 characters
OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER JUSTIN HEAP 20250600593 10/16/2025 04:19 ELECTRONIC RECORDING ORD20351025-5-1-1-- HoyP ORDINANCE NO. 2035-1025 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 LITCHFIELD ROAD, SOUTH OF LOWER BUCKEYE ROAD. WHEREAS, Ariz. REV. STAT. § 9-471.03(B) provides a method for deannexation and severance of public right-of-way that is partially located within a city and partially located within the unincorporated area of a county; and WHEREAS, Deannexation pursuant to ARIZ. REV. STAT. § 9-471.03(B) results in the return of the deannexed public right-of-way to the jurisdiction of Maricopa County, Arizona (the “County”). WHEREAS, it is the desire of the City of Avondale (“Avondale”) to deannex to the County a portion of right-of-way within Avondale’s corporate limits, generally located along Litchfield Road, 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 adjacent owners of real property subject to taxation, such that the notice referenced 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. 20250600593 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. 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, October 6, 2025. oD iN Mike Pineda (Oct 7, 2025 09:27:51 PDT) Mike Pineda, Mayor ATTEST: A reer, a Marcella Sarmiento, City Clerk APPROVED AS TO FORM: Nicholle Harris, City Attorney 20250600593 EXHIBIT A TO ORDINANCE NO. 2035-1025 [Legal Description and Map of Deannexation Area] See following pages. 20250600593 LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 22, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 22 BEARS NORTH 01°01'28" WEST, A DISTANCE OF 2605.19 FEET; THENCE SOUTH 88°34'42" EAST, A DISTANCE OF 40.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°34'42" EAST, A DISTANCE OF 15.01 FEET; THENCE NORTH 01°01'28" WEST, A DISTANCE OF 2255.29 FEET; THENCE NORTH 88°58'32" EAST, A DISTANCE OF 20.00 FEET; THENCE NORTH 01°01'28" WEST, A DISTANCE OF 317.64 FEET; THENCE NORTH 89°48'23" WEST, A DISTANCE OF 35.01 FEET; THENCE SOUTH 01°01'28" EAST, A DISTANCE OF 2573.04 FEET TO THE POINT OF BEGINNING. CONTAINING 44,955 SQ.FT. OR 1.032 ACRES MORE OR LESS. Kimley»Horn CHAD W. HUBER 1881: Cometback Rel. Suite | Tel. No. (602) 837-5511 RLS 353 4 6 Scale Drawn by Checked by Date Project No. Sheet No. NIA CWH CWH 06/17/2025 064569503 10F2 20250600593 50'R.O.W. BK. 1859, PG. 46 L4 NW COR. SEC. 22, TIN, RiW LOWER BUCKEYE ROAD __ $89°48'23"E 2629.19! L5 $01°01'28"E 2605.19! NO1°01'28"W 2255.29' LITCHFIELD ROAD 40'R.O.W. BK. 15, PG. 60 W. 1/4 COR. SEC. 22, TIN, RiW POB POC $88°34'42"E 40.04' CHAD W. HUBER RLS 35316 N 1/4 COR. | SEC. 22, | TIN, R1W | | IP AVONDALE PROPCO, LLC "STACK AVONDALE" BOOK 1859, PAGE 46, MCR | | LINE TABLE L1 = $88°34'42"E 15.01" | L2 = N88°58'32"E 20.00" | L3 = N01°01'28"W 317.64' L4 = N89°48'23"W_35.01' L5 = $01°01'28"E 2573.04" Kimley»Horn 1661 E. Camelback Rd., Suite -Y Tel. No. (602) 837-5511 PHOENIX, AZ 85016 Scale Drawn by Checked by Date Project No. Sheet No. N.T.S, CWH CWH 06/17/2025 064569503 20F2