CITY OF GOODYEAR ORDINANCE NO. 2024-1625.PDF

CERTIFICATION

STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA _ )

|, Darcie McCracken, City Clerk of the City of Goodyear, Arizona, do hereby certify, under the
penalty of perjury, that the attached Ordinance No. 2024-1625 is a true, correct and exact copy
of Ordinance No. 2024-1625 “AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY
OF GOODYEAR, MARICOPA COUNTY, ARIZONA, DECREASING THE CORPORATE LIMITS OF
THE CITY OF GOODYEAR PURSUANT TO ARIZONA REVISED STATUTES SECTIONS 9-471.02
AND 9-471.03 BY DEANNEXING CERTAIN PUBLIC RIGHT-OF-WAY TO MARICOPA COUNTY
SUBJECT TO APPROVAL BY THE MARICOPA COUNTY BOARD OF SUPERVISORS; DIRECTING
THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE AND TO FORWARD A CERTIFIED
COPY OF THIS ORDINANCE AND EXHIBIT A TO THE CLERK AND CHAIRMAN OF THE
MARICOPA COUNTY BOARD OF SUPERVISORS; AND PROVIDING AN EFFECTIVE DATE;
passed and adopted at a regular meeting of the City Council of the City of Goodyear, Arizona, held
on the 18th day of November 2024, at which a quorum was present and, that it was so adopted
by the following vote:

AYES: PIZZILLO, KAINO, LAURITANO, CAMPBELL, STIPP, HAMPTON, GILLIS
NAYS: NONE
ABSENT: NONE
ABSTAINED: NONE

Oowis ct. cake

Darcie McCracken, MMC, City Clerk
City of Goodyear

City Clerk's Office | 1900 North Civic Square, Goodyear, AZ 85395 | P (623) 882-7830 | goodyearaz.gov

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
STEPHEN RICHER
20240620187 11/19/2024 04:46
ELECTRONIC RECORDING

2025074-8-1-1--
Hoyp

When recorded mail to:

City of Goodyear
City Clerk’s Office
1900 N. Civic Square
Goodyear AZ 85395

ORDINANCE NO. 2024-1625

DECREASING THE CORPORATE LIMITS OF THE CITY OF GOODYEAR PURSUANT TO
ARIZONA REVISED STATUTES SECTIONS 9-471.02 AND 9-471.03 BY DEANNEXING
CERTAIN PUBLIC RIGHT-OF-WAY TO MARICOPA COUNTY SUBJECT TO APPROVAL BY
THE MARICOPA COUNTY BOARD OF SUPERVISORS; DIRECTING THE CITY CLERK TO
RECORD A COPY OF THIS ORDINANCE AND TO FORWARD A CERTIFIED COPY OF THIS
ORDINANCE AND EXHIBIT A TO THE CLERK AND CHAIRMAN OF THE MARICOPA
COUNTY BOARD OF SUPERVISORS; AND PROVIDING AN EFFECTIVE DATE.

DO NOT REMOVE

This is part of the official document

ORDINANCE NO. 2024-1625

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR, MARICOPA
COUNTY, ARIZONA, DECREASING THE CORPORATE LIMITS OF THE CITY OF GOODYEAR
PURSUANT TO ARIZONA REVISED STATUTES SECTIONS 9-471.02 AND 9-471.03 BY
DEANNEXING CERTAIN PUBLIC RIGHT-OF-WAY TO MARICOPA COUNTY SUBJECT TO
APPROVAL BY THE MARICOPA COUNTY BOARD OF SUPERVISORS; DIRECTING THE
CITY CLERK TO RECORD A COPY OF THIS ORDINANCE AND TO FORWARD A CERTIFIED
COPY OF THIS ORDINANCE AND EXHIBIT A TO THE CLERK AND CHAIRMAN OF THE
MARICOPA COUNTY BOARD OF SUPERVISORS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, on September 27, 2021, the Goodyear City Council adopted Ordinance 2021-1517
rezoning approximately 20 acres of property located south of MC85 and west of South Cotton
Lane (the “Property”) to MF-24 (Multi-Family Residential District) with a PAD Overlay (the Lakin
Park Bungalows PAD Overlay); and

WHEREAS, a site plan for the development of a multi-family development of 218 for-rent
bungalows to be known as the Bungalows at Lakin Park (the “Bungalows”) on the Property was
administratively approved on May 17, 2023, which included a stipulation that required that the two
parcels upon which the Bungalows were to be developed be combined into one parcel; and

WHEREAS, the Property is adjacent to MC-85 and the Maricopa County Department of
Transportation (“MCDOT’) required that certain street improvements be made to the section of
MC-85 adjacent to the Property (the “MCDOT Improvements”); and

WHEREAS, the existing right of way for MC-85 and the improvements thereon is located within
the unincorporated area of Maricopa County;

WHEREAS, MCDOT asked the city to acquire as right-of-way approximately 0.4673-acres legally
described and depicted in Exhibit A attached hereto located within the City of Goodyear (the
“Right-of-Way”) needed for the MCDOT Improvements and to deannex and return the Right-of-
Way to the County; and

WHEREAS, the Final Plat for Bungalows at Lakin Park dedicating the Right-of-Way was approved
on September 9, 2024 and was recorded on October 15, 2024 at Book 1825 Page 37 (Instrument
2024-0548052) of the Official Records of Maricopa County, Arizona; and

WHEREAS, A.R.S. §§ 9-471.02 and 9-471.03 provide a method of deannexation of land from a
municipality to a county; and

WHEREAS, pursuant to A.R.S. § 9-471.02 (I) and § 9-471.03 (B), because the public right-of-way
for MC-85 is partially located within the City of Goodyear and partially located within the
unincorporated area of Maricopa County, the Right-of-way can be deannexed, severed from the
City of Goodyear and returned to Maricopa County; and

WHEREAS, the Goodyear City Council desires to comply with the request of the County by
deannexing the Right-of-Way, severing it from the City of Goodyear and returning the Right-of-
Way to Maricopa County.

Ordinance No. 2024-1625
Page 1 of 3

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GOODYEAR, MARICOPA COUNTY, ARIZONA, AS FOLLOWS:

SECTION 1.

SECTION 2.

SECTION 3.

SECTION 4.

SECTION 5.

SECTION 6.

Pursuant to A.R.S. §§ 9-471.02 and 9-471.03, the public right-of-way legally
described and depicted in Exhibit A attached hereto is to be deannexed and
severed by the City of Goodyear and returned to Maricopa County.

Pursuant to A.R.S. § 9-471.03, the Goodyear City Council declares the public
right-of-way legally described and depicted in Exhibit A attached hereto is
deannexed and returned to Maricopa County upon fulfillment of the conditions
set forth in A.R.S. § 9-471.03, which includes the adoption of an ordinance by
the Board of Supervisors legally describing the public right-of-way and declaring
the return of the public right-of-way to Maricopa County upon fulfillment of the
conditions set forth in A.R.S. § 9-471.03.

Upon fulfillment of the conditions set forth in AR.S. § 9-471.03 for the
deannexation of public right-of-way, the public right-of-way legally described and
depicted in Exhibit A attached hereto is deannexed, severed and returned to
Maricopa County and no longer part of the City of Goodyear, and the corporate
limits of the City of Goodyear are reduced and decreased to exclude within the
corporate limits of the City of Goodyear the public right-of-way legally described
and depicted in Exhibit A attached hereto.

The depiction of the public right-of-way in Exhibit A attached hereto accurately
depicts the boundaries of the public right of way being deannexed and is an
accurate map of the public right-of-way being deannexed. The Mayor of the City
of Goodyear is authorized and directed, as may be required, to certify that said
map is an accurate map of the public right-of-way conditionally deannexed under
the provisions of this Ordinance.

The City Clerk is hereby authorized and directed to do the following:
1. Record a copy of this Ordinance with the Maricopa County Recorder's
Office
2. Forward a certified copy of this Ordinance, including Exhibit A attached
hereto that legally describes and depicts the public right-of-way being
deannexed, with the Clerk of the Maricopa County Board of Supervisors
and to the Chairman of the Maricopa County Board of Supervisors.

The deannexation provided for herein shall become effective in the manner
provided by law upon approval of the Maricopa County Board of Supervisors.

Ordinance No. 2024-1625

Page 2 of 3

PASSED AND ADOPTED by the Mayor and Council of the oe. of Goodyear, Maricopa County,
Arizona, by a_*? -Ovote, this [8E_ day of Adovemeor , 20 2 .

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ATTEST: APPROVED AS TO FORM:

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Darcie McCracken, City Clerk Roric Massey, City Atlomay”

Ordinance No. 2024-1625
Page 3 of 3

Exhibit A

BUNGALOWS AT LAKIN PARK
DEANNEXATION
LEGAL DESCRIPTION

A portion of land being situated within the West Half of Section 26, Township 1
North, Range 2 West of the Gila and Salt River Meridian, Maricopa County,
Arizona, being more particularly described as follows:

COMMENCING at a found brass cap flush accepted as the South Quarter corner
of said Section 26 from which a found half inch rebar accepted as the Southwest
corner thereof bears North 89°44’33” West, 2647.68 feet;

Thence North 89°44'33” West, 1727.73 feet along the south line of the West half
of said Section 26;

Thence leaving said south line, North 00°15'27” East, 1978.63 feet to a point on
the southerly Right of Way line of MC 85 as recorded in Book 4, Page 22,
Maricopa County Records, Arizona and also being the POINT OF BEGINNING;

Thence the following two (2) courses along said southerly Right of Way
line;

Thence North 38°54'49" East, 496.86 feet to the beginning of a tangent curve
concave southeasterly, having a radius of 5679.58 feet;

Thence northeasterly along said curve, through a central angle of 07°27'28", an
arc length of 739.26 feet to a non-tangent line;

Thence leaving said southerly Right of Way line, South 72°25'25" East, 17.12
feet along the westerly line of the Flood Control District of Maricopa County as
recorded in Document No. 2013-0542642 of Maricopa County Records, Arizona,
to a non-tangent curve, concave southeasterly, having a radius of 5664.58 feet,
the center of which bears South 43°32'43" East;

Thence leaving said westerly line, southwesterly along said curve, through a
central angle of 02°11'58", an arc length of 217.44 feet to a non-tangent line;

Thence South 45°44'41" East, 5.00 feet to a non-tangent curve, concave
southeasterly, having a radius of 5659.58 feet, the center of which bears
South 45°44'41" East;

Thence southwesterly along said curve, through a central angle of 03°40'03", an
arc length of 362.28 feet to a non-tangent line;

U:\1900\1981\SURVEY\DOCS\LEGAL\1981-BUNGALOWS LAKIN PARK DEANNEX ROW LEGAL.docx Page 1 of 2

Thence North 49°24'44" West, 5.00 feet to a non-tangent curve, concave
southeasterly, having a radius of 5664.58 feet, the center of which bears

South 49°24'44" East;

Thence southwesterly along said curve, through a central angle of 01°40'27", an
arc length of 165.52 feet to a tangent line;

Thence South 38°54'49" West, 490.52 feet;
Thence North 74°00'29" West, 16.29 feet to the POINT OF BEGINNING.

The above described parcel contains a computed area of 20,354 sq. ft. (0.4673
acres) more or less and being subject to any easements, restrictions, rights-of-
way of record or otherwise.

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

Prepared by: HILGARTWILSON, LLC
2141 E. Highland Avenue, Suite 250
Phoenix, AZ 85016
Project No: 1981
Date: October 2022

U:\1900\1981\SURVEY\DOCS\LEGAL\1981-BUNGALOWS LAKIN PARK DEANNEX ROW LEGAL.docx Page 2 of 2

Le

FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY
DOC. #2013-0542642, MCR

Se

1/77 _543°3243"E

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WEST 1/4 SEC. 26, TIN, / Men Can at”
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SW COR. SEC. 26, TIN, R2W FOUND REBAR
P.0.B. — POINT OF BEGINNING
P.0.C, — POINT OF COMMENCEMENT PAGE_1 OF 2
PROJ.NO.: 1981 BUNGALOWS AT LAKIN PARK Miggg
DATE: OCT 2022 DEANNEXATION
SCALE: N.T.S. GOODYEAR, ARIZONA HILGARTWILSON
DRAWN BY: RG 2141 E. HIGHLAND AVE., STE. 250
. EXHIBIT PHOENIX, AZ 85016
CHECKED BY: BUB P: 602.490.0535 / F: 602.368.2436

©2022, HILGARTWLSON, LLC

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[ LINE TABLE

CURVE TABLE
LINE NO. | DIRECTION | LENGTH CURVE NO. | RADIUS DELTA | LENGTH
1 $72°25'25"E | 17.12’ C1 5664.58" | 2°11'58" | 217.44
L2 N74°00'29"W | 16.29” C2 5659.58" | 3°40°03” | 362.28’
C3 5664.58" | 1°40'27” 165.52’ |

CHECKED BY: BuB

PAGE 2 OF 2

PROJ.NO.: 1981 BUNGALOWS AT LAKIN PARK My,

DATE: OCT 2022 DEANNEXATION ay

SCALE: NONE GOODYEAR, ARIZONA HILGARTWILSON
: 2144 E. HIGHLAND AVE., STE. 250

DRAWN BY: RG EXHIBIT PHOENIX, AZ 85016

P: 602.490.0535 / F: 602.368.2436

©2022, HILGARTWLSON, LLC

U: \1900\1981 \SURVEY\DOCS\LEGAL \i981-BUNGALOWS LAKIN PARK DE ANNEX ROW.dwg 10/4/2022 11:23 AM