Extracted text (via ocr_local)
6267 characters
OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER STEPHEN RICHER 20240448164 08/22/2024 ELECTRONIC RECORDING ORD20240824-5-1-1-- garciac ORDINANCE NO. 2024-0824 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF AVONDALE BY ANNEXING THERETO A PORTION OF RIGHT OF WAY AND ROADWAY; GENERALLY LOCATED ALONG THE SOUTHWEST CORNER OF LOWER BUCKEYE ROAD AND EL MIRAGE ROAD. WHEREAS, the City of Avondale (the “City), and Maricopa County (the “County”) entered into an intergovernmental agreement, approved and accepted by the City of Avondale on May 10, 2021 and recorded as document 2021-0580798 in the records of the Maricopa County Recorder pertaining to the financing, planning, construction, maintenance and eventual annexation by the City, of Lower Buckeye Road from South 124th Avenue to the intersection with El Mirage Road; and WHEREAS, it is the desire of the Council of the City of Avondale (the “City Council”) to annex a portion of the northwest corner of Lower Buckeye Road and South El Mirage Road, east of 124th Avenue, for future traffic signal intersection improvements; and WHEREAS, ARIZ. REV. STAT. § 9-471(O) allows for the annexation of county right-of- way into an adjacent city if the property to be annexed is adjacent to the city for the entire length of the annexation and if the city and the county each approve the proposed annexation as a published agenda item at a regular public meeting of their respective governing bodies; and WHEREAS, the property proposed for annexation (i) consists of Maricopa County right- of-way and roadway and (ii) is adjacent to the City for its entire length; and WHEREAS, this Ordinance has been duly posted as an agenda item at a regular meeting of the City Council. 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 parcel of land in Maricopa County, Arizona, an area bounded by 618.90 feet west of South El Mirage Road and 55.0 feet north of Lower Buckeye Road, totaling approximately + 0.89 acres, generally located between South 124th Avenue and South El Mirage 03:14 20240448164 Road, as more fully described and depicted in Exhibit A, attached hereto and incorporated herein by reference (the “Annexation Area”), is hereby annexed into the corporate boundaries of the City of Avondale. SECTION 3. The City Clerk is hereby authorized and directed to file with the Maricopa County Recorder’s Office a fully executed copy of this Ordinance, together with an accurate map of the Annexation Area. 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, 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. PASSED AND ADOPTED by the Council of the City of Avondale, Arizona, August 19, 2024. KelrAVeise (Aug 20, 2024 08:56 PDT) Kenneth N. Weise, Mayor ATTEST: — Marcella Sarmiento, City Clerk APPROVED: Wickhelle Naru Nicholle Harris, City Attorney 20240448164 EXHIBIT A TO ORDINANCE 2024-0824 [Legal Description and Map of Annexation Area] See following pages. 20240448164 EXHIBIT “A” ANNEXATION OF THE NORTHWEST CORNER OF EL MIRAGE ROAD AND LOWER BUCKEYE ROAD RIGHT OF WAY IN MARICOPA COUNTY, STATE OF ARIZONA A Parcel of Land in the Southeast Quarter (SE 1/4) of Section Fourteen (14), Township One (1) North, Range One (1) West, of the Gila & Salt River Meridian, Maricopa County, Arizona and being more particularly described as follows: Commencing at a found brass cap in Hand Hole at the Southeast Corner (SE) of Section Fourteen (14) of Township One (1) North Range One (1) West. Also being the Intersection of El Mirage Road and Lower Buckeye Road. from which a Found Brass Cap in Hand Hole at the South Quarter Corner (S1/4) of said Section 14, bears North 89°06’50” West, a distance of 2,595.68 feet based on Field measurement between the two points. Also, the said Southeast Section corner is the point of Beginning; THENCE North 89 degrees 06 minutes 50 seconds West, a distance of 618.90 feet along the South line of Section 14 also being the Centerline of Lower Buckeye Road; THENCE Departing Said Line North 01 degrees 03 minutes 56 seconds West, a distance of 75.04 feet to the North Right of Way Line of Lower Buckeye Road; THENCE along said Right of Way South 89 degrees 06 minutes 50 seconds East a distance of 230.29 feet to the Centerline of 123rd Dr; THENCE along said Centerline South 00 degrees 00 minutes 00 seconds East a distance of 20.00 feet; THENCE South 89 degrees 06 minutes 50 seconds East a distance of 390.17 feet to the Centerline of El Mirage Road; THENCE along said Centerline South 00 degrees 10 minutes 13 seconds West a distance of 55.01 feet to the Point of Beginning; Containing 38,675.4 sqft or 0.89 acres more or less Prepared by: Thomas Lavalette, RLS. AZ # 37258 Engineering Alliance, Inc. 1423 S. Higley Rd., Suite 121, Building 9 Mesa, Arizona 85206 Phone: (602) 757-6032 Email: tlavalette@eaincglobal.com 20240448164 HLYON SCALE: NTS TIN RiW FND BRASS CAP IN HH EXHIBIT "A" Ww >! @ | Q 1 Q! x \ 2; 1 N | 1 1 APN: 25'ROW —| a ! 25' ROW 500-41-023 | APN: $89° 06'50"E 500-41-022 = 230.29! L4 $89° 06' 50"E ive} a : | 390.17 2 | (BASIS OF BEARING) °° FOW L2 3 1 N89° 06'50"W 618.90' ‘T W.LOWER BUCKEYE @ ROAD 2595.68! S. 124TH AVENUE 55' ROW | | | | | | | | | | | | | | | Q| a <x 9 | POINT OF COMMENCING | SE. CORNER SECTION 14 © | ! FND BRASS CAP IN HH a | S | =| ng wo 1 | LINE TABLES 3 LINES LENGTHS BEARING 4 20.00' $00° 00' 00"E FIND BRASS L2 55.01" $00° 10° 13"°W | “GAP ELASH ae © *eires 3730 PROJECT: 2024-M-051 DATE: 6-24-2024 CHKD BY: TL DRN BY: BL SCALE: N.T.S. TITLE: EX P ANNEXATION OF LOWER ~~ BUCKEYE AND EL MIRAGE ENGINEERING ALLIANCE COUNTY ROAD Inc SHEETNO: 1 OF 1