ORDINANCE NO. 2008-0326

ORDINANCE NO. 2008-0326 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR PUBLIC USE AS A Public utility easement FOR the dysart road sewer replacement phase ii project, AND ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM JEFFREY KANNER AND CENTENARIOS INVESTMENTS LLC for PROJECT construction access. WHEREAS, Article I, Section 3 of the Avondale City Charter authorizes the City of Avondale (the "City") to acquire real property in fee simple or any lesser interest or estate, inside or outside its corporate limits, for any City purpose as the City's interests may require; and WHEREAS, the Council of the City of Avondale (the "City Council") desires to authorize the acquisition of a public utility easement, generally located north of Lower Buckeye Road east of 4th Street in Avondale, Arizona, and assigned Maricopa County Assessor's Parcel Number 500-55-002C, from Jeffrey Kanner and Centenarios Investments LLC (the "Owner") for public use as a public utility easement; and WHEREAS, the City Council desires to accept from the Owner a temporary construction easement upon, over, and across Maricopa County Assessor's Parcel Number 500-55-002C, generally located north of Lower Buckeye Road east of 4th Street in Avondale, Arizona, for construction relating to the Dysart Road Sewer Replacement Phase II Project. 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 acquisition, by purchase, condemnation or dedication of an easement from Jeffrey Kanner and Centenarios Investments LLC, generally located north of Lower Buckeye Road east of 4th Street in Avondale, Arizona, consisting of ± 0.115 acres and assigned Maricopa County Assessor's Parcel Number 500-55-002C as more particularly described in Exhibit A and depicted in Exhibit B to the Public Utility Easement Agreement, attached hereto and incorporated herein by reference at Exhibit 1, is hereby authorized. SECTION 3. A temporary construction easement upon, over, and across real property totaling + 0.115 acres of Parcel Number 500-55-002C, generally located north of Lower Buckeye Road east of 4th Street in Avondale, Arizona, as more particularly described and depicted in Exhibit A to the Temporary Construction Easement, attached hereto at Exhibit 2 and incorporated herein by reference, is hereby accepted by the City from Jeffrey Kanner and Centenarios Investments LLC. 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 and to execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Council of the City of Avondale, Arizona, March 23, 2026. Signed copies of this Ordinance and (exhibits) are available at Avondale City Hall, 11465 W. Civic Center Dr., Avondale, AZ 85323. March 27 2026 LAZS0486999