ORDINANCE NO. 2044-1225

ORDINANCE NO. 2044-1225 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 THE MARBELLA PARK COMMUNITY ASSOCIATION 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 southeast of Dysart Road and north of Lower Buckeye Road in Avondale, Arizona, and assigned Maricopa County Assessor's Parcel Number 500-55-074, from The Marbella Park Community Association for public use as a public utility easement; and WHEREAS, the City Council desires to accept from The Marbella Park Community Association (the "Owner") a temporary construction easement upon, over, and across Maricopa County Assessor's Parcel Number 500-55-074, generally located southeast of Dysart Road and north of Lower Buckeye Road 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 The Marbella Park Community Association, generally located southeast of Dysart Road and north of Lower Buckeye Road in Avondale, Arizona, consisting of ± 0.094 acres and assigned Maricopa County Assessor's Parcel Number 500-55-074 as more particularly described in Exhibit A and depicted in Exhibit B to the Public Utility Easement Agreement, attached hereto at Exhibit 1 is hereby authorized. SECTION 3. A temporary construction easement upon, over, and across real property totaling + 0.067 acres of Parcel Number 500-55-074, generally located southeast of Dysart Road and north of Lower Buckeye Road in Avondale, Arizona, as more particularly described and depicted in Exhibit A to the Temporary Construction Easement, attached hereto at Exhibit 2, is hereby accepted by the City from The Marbella Park Community Association. 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, December 1, 2025. Signed copies of this Ordinance and (exhibits) are available at Avondale City Hall, 11465 W. Civic Center Dr., Avondale, AZ 85323. December 4 2025 LAZS0417414