TOWN OF GILBERT ORDINANCE NO 2729.PDF

Maricopa County — Formal (2019-11-20)

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GADINANCE NO. 2729
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF GILBERT, MARICOPA COUNTY ARIZONA,
EXTENDING AND INCREASING THE CORPORATE LIMITS OF
THE TOWN OF GILBERT, MARICOPA COUNTY, ARIZONA, BY
TRANSFERRING CERTAIN PROPERTY CONSISTING OF
APPROXIMATELY 0.683 ACRES OF 148TH STREET RIGHT-OF-
WAY, GENERALLY LOCATED FROM BROOKS FARM ROAD
TO CHANDLER HEIGHTS ROAD, CONTINGENT UPON
DEANNEXATION BY THE CITY OF CHANDLER AND
APPROVAL BY THE MARICOPA COUNTY BOARD OF
SUPERVISORS, PURSUANT TO THE PROVISIONS OF TITLE 9,
CHAPTER 4, ARIZONA REVISED STATUTES AND
AMENDMENTS THERETO; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY
WHEREAS, A.R.S. § 9-471.02 provides a method for deannexation of land from
one municipality and the annexation to another municipality; and
WHEREAS, it is the desire of the Town of Gilbert to annex into the Town certain
territory now within the corporate limits of the City of Chandler; and
WHEREAS, the territory proposed to be annexed into the Town of Gilbert is
contiguous to the corporate limits of the Town of Gilbert; and
WHEREAS, Gilbert consents to and approves of the proposed transfer contingent
upon approval by the Maricopa County Board of Supervisors pursuant to the provisions of
A.R.S.§ 9-471(D);
NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town
of Gilbert, Arizona, as follows:
Section I. In General.
1. Pursuant to the provisions of A.R.S. § 9-471.02; and contingent upon
deannexation by the City of Chandler and approval by the Maricopa County
Board of Supervisors, the area legally described in Exhibit 1, attached hereto,
which is adjacent to the corporate limits of the Town of Gilbert, shall be
transferred to the Town of Gilbert, and the Town of Gilbert corporate limits shall
be extended and increased to include the right-of-way as shown on the map of the
boundaries, attached hereto as Exhibit 2. The transfer to the Town shall be
treated as newly annexed territory.

Ordinance No. 2729
Page 2 of 3
2. A copy of this Ordinance, together with documentation of deannexation by the
City of Chandler and approval by the Maricopa County Board of Supervisors and
an accurate map of the area to be transferred to the Town of Gilbert shall be filed
and recorded in the Office of the County Recorder of Maricopa County, Arizona
and sent to the Clerk of the Maricopa County Board of Supervisors.
Section II. Providing for Repeal of Conflicting Ordinances.
All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance or any part of the Code adopted herein by reference, are hereby repealed.
Section III. Providing for Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or
any part of the Code adopted herein by reference, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the Common Council of the Town of Gilbert,
Arizona, this 19 th day of September, 2019.
AYES: Anderson, Cook, Peterson, Daniels, Ray, Taylor
NAYES: ABSENT: Yentes
EXCUSED: ABSTAINED:
APPROVED this 19TH (lz
Lix\ll.1 Iown Clerk
APPROVED AS TO FORM:
ChristopheVW. Payne, Town Attorney

Ordinance No. 2729
Page 3 of 3
I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND
CORRECT COPY OF THE 0' INANCE NO. 2729 ADOPTED BY THE COMMON
COUNCIL OF THE TOWN OF GILBERT ON THE 19 TH DAY OF SEPTEMBER, 2019, WAS
POSTED IN FOUR PLACES ON THE 26 DAY OF September 2019.
It?. Lisa .F.,17,155,-N11. Town Clerk
The following exhibits are attached hereto and incorporated herein:
1. Exhibit 1 - Legal Description
2. Exhibit 2 - Map

EXHIBIT 1
Legal Description
Hamstra Dairy
Annexation of 148th Street
Job No. 17-144 June 11, 2019
A portion of the southwest quarter of Section 20, Township 2 South, Range 6 East of
the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly
described as follows:
COMMENCING at a brass cap in handhole at the south quarter-corner of said Section
20, from which a rebar with cap "RLS 42937" at the center quarter-corner of said
Section 20 bears North 0 degrees 01 minutes 31 seconds West, 2642.29 feet;
thence along the east line of said southwest quarter, North 0 degrees 01 minutes 31
seconds West, 55.00 feet to the POINT OF BEGINNING;
thence South 89 degrees 37 minutes 54 seconds West, 42.00 feet;
thence North 44 degrees 48 minutes 11 seconds East, 42.55 feet;
thence North 0 degrees 01 minutes 31 seconds West, 63.45 feet;
thence North 1 degrees 19 minutes 23 seconds East, 85,02 feet;
thence North 0 degrees 01 minutes 31 seconds West, 959.10 feet;
thence North 7 degrees 23 minutes 57 seconds West, 85.71 feet;
thence North 0 degrees 01 minutes 31 seconds West, 202.01 feet;
thence North 7 degrees 20 minutes 54 seconds East, 85.71 feet;
thence North 0 degrees 01 minutes 31 seconds West, 1077.76 feet to a point on the
north line of said southwest quarter;
thence along said north line, North 89 degrees 44 minutes 40 seconds East, 10.00
feet to said center quarter-corner;
EPS Group, Inc. • 1130 N. Alma School Road, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
S:\projects\2017\17-144\Legal Survey\Legals\17-144 Annexation of 148th Street.docx

thence along said east line, South 0 degrees 01 minutes 31 seconds East, 2587.29
feet to the POINT OF BEGINNING.
Contains 0.6830 acres, more or less.
EPS Group, Inc. • 1130 N. Alma School Road, Suite 120 • Mesa, AZ 85201
Tel (480) 503-2250 • Fax (480) 503-2258
S: \projects\2017\17-144\Legal Survey\Legals\17-144 Annexation of 148th Street.docx

EXHIBIT 2
N89'44'40"E 2627.87'
N89'44'40 HE 10, 00' — CENTER QUARTER-CORNER
WEST QUARTER-CORNER N 001 131 1'W 1077.76' SECTION 20, T2S, R6E
SECTION 20, T2S, R6E - REBAR WITH CAP HRLS 42937"
BRASS CAP IN HANDHOLE
10'
N7'2054" E 85.71'
N0'01'31 n W 202,01'
Nzr
N7'23'57"W 85.71'
1 0'
N0'01'31”W 959.10'
VARIES
N0'01'31"W 63.45'
SOUTHWEST CORNER
- SECTION 20, T2S, R6E N 4448'11" E 42,55' POINT OF BEGINNING
BRASS CAP IN HANDHOLE
POINT OF COMMENCEMENT
SOUTH QUARTER-CORNER
1,-) u) S8937'54"W 42.00'- SECTION 20, T2S, R6E
BRASS CAP IN HANDHOLE
S89'37'54"W 2654,96'
CHANDLER lEI,GHTS RD. 55.00' www.epsgroupinc,com
ANNEXATION OF 148TH STREET
HAMSTRA DAIRY