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ORDINANCE NO. 2686 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 COUNTY RIGHTS-OF-WAY CONSISTING OF APPROXIMATELY 27.07 ACRES OF POWER ROAD RIGHT-OF-WAY, GENERALLY LOCATED BETWEEN PECOS ROAD TO OCOTILLO ROAD, CONTINGENT UPON 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 as amended provides that a county right-of-way with no taxable real property and which is adjacent to a town may be transferred to the town by mutual consent of the governing bodies of the county and town; and WHEREAS, the property to be transferred is a county right-of-way with no taxable real property and is adjacent to Gilbert; and WHEREAS, Gilbert consents to and approves of the proposed transfer contingent upon the county's consent to and approval of the proposed transfer pursuant to the provisions of A.R. S § 9-471(N); 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(N); and contingent upon approval by the Maricopa County Board of Supervisors, the County right-of-way legally described in Exhibit A, 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 county right-of-way, as shown on the map of the boundaries, attached hereto as Exhibit B. The transfer to the Town shall be treated as newly annexed territory. 2. A copy of this Ordinance, together with documentation of approval by the Maricopa County Board of Supervisors and an accurate map of the County right- of-way 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. 3. Pursuant to A.R.S. Section 9-471(L), the zoning classification for the property shall be as shown on Exhibit C. These densities and uses are no greater than those permitted by the county immediately before the annexation. 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 18th day of October, 2018. AYES: S.Anderson, E.Cook, J.Daniels, V.Pet@rsen, J.Ray, B.Peterson J.Taylor NAYES: ABSENT: EXCUSED: ABSTAINED: ATTEST: APPROVED AS TO FORM: Chris Payne, "Town Attorney I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2686 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 18 th DAY OF OCTOBER, 2018, WAS POSTED IN FOUR PLACES ON THE 25 DAY OF October ,2018. Lisa MaxA\ cll. Town Clerk The following exhibits are attached hereto and incorporated herein: 1. Exhibit A - Legal Description 2. Exhibit B — Annexation Exhibit 3. Exhibit C —Zoning EXHIBIT "A" POWER ROAD ANNEXATION MARICOPA COUNTY SOUTH RIGHT OF WAY LINE OF PECOS ROAD TO THE NORTH RIGHT OF WAY LINE OF OCOTILLO ROAD THOSE PORTIONS OF THE EAST HALF OF SECTION 1, SECTION 12 AND SECTION 13, TOWNSHIP 2 SOUTH, RANGE 6 EAST, AND THE WEST HALF OF SECTION 6, SECTION 7 AND SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 1, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 1, BEARS SOUTH 00 DEGREES 51 MINUTES 57 SECONDS EAST, 2628.46 FEET; THENCE SOUTH 00 DEGREES 51 MINUTES 57 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1, 1550.40 FEET; THENCE DEPARTING SAID EAST LINE, NORTH 83 DEGREES 09 MINUTES 52 SECONDS EAST, 38.07 FEET TO THE EAST LINE OF THE COUNTY ROADWAY AS SHOWN IN BOOK 17, PAGE 97 AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, FROM WHICH THE CENTER BEARS SOUTH 86 DEGREES 56 MINUTES 18 SECONDS WEST, 2904.79 FEET AND THE POINT OF BEGINNING; THENCE ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 02 DEGREES 11 MINUTES 45 SECONDS, AN ARC LENGTH OF 111.32 FEET TO A LINE 40.00 FEET EAST OF AND PARALLEL WITH SAID EAST LINE; THENCE SOUTH 00 DEGREES 51 MINUTES 57 SECONDS EAST, ALONG SAID PARALLEL LINE, 971.83 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE DEPARTING SAID PARALLEL LINE, NORTH 89 DEGREES 16 MINUTES 37 SECONDS WEST, ALONG SAID SOUTH LINE, 7.00 FEET TO A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE DEPARTING SAID SOUTH LINE, SOUTH 00 DEGREES 52 MINUTES 22 SECONDS EAST, ALONG SAID PARALLEL LINE, 2629.03 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 00 DEGREES 50 MINUTES 44 SECONDS EAST, ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, 56.17 FEET TO A LINE 55.00 FEET SOUTH OF AND PARALLEL WITH SAID SOUTH LINE; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 88 DEGREES 53 MINUTES 42 SECONDS EAST, ALONG SAID PARALLEL LINE, 22.01 FEET TO A LINE 55.00 FEET EAST OF AND PARALLEL WITH SAID EAST LINE; Project No.: 17144 Town of Gilbert File: Exhibit A Hubbard Engineering (Mesa, AZ) Page 1 of 3 jhaws@hubbardengineering.com THENCE SOUTH 00 DEGREES 50 MINUTES 44 SECONDS EAST, ALONG SAID PARALLEL LINE, 2577.87 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 00 DEGREES 50 MINUTES 52 SECONDS EAST, ALONG A LINE 55.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, 2631.47 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 00 DEGREES 53 MINUTES 57 SECONDS EAST, ALONG A LINE 55.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, 2630.61 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 00 DEGREES 53 MINUTES 34 SECONDS EAST, ALONG A LINE 55.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, 2567.37 FEET TO THE NORTH LINE OF AN ANNEXATION BY THE TOWN OF QUEEN CREEK RECORDED AT DOCUMENT NUMBER 2017-0413694, M.C.R.; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 89 DEGREES 29 MINUTES 05 SECONDS WEST, ALONG SAID NORTH LINE, 87.94 FEET TO A LINE 33.00 FEET WEST OF AND PARALLEL WITH SAID EAST LINE; THENCE DEPARTING SAID NORTH LINE, NORTH 00 DEGREES 53 MINUTES 39 SECONDS WEST, ALONG SAID PARALLEL LINE, 2569.75 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE DEPARTING SAID PARALLEL LINE, NORTH 00 DEGREES 53 MINUTES 57 SECONDS WEST, ALONG A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, 2630.26 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12; THENCE DEPARTING SAID PARALLEL LINE, NORTH 00 DEGREES 50 MINUTES 52 SECONDS WEST, ALONG A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12, 2631.13 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12; THENCE DEPARTING SAID PARALLEL LINE, NORTH 00 DEGREES 50 MINUTES 44 SECONDS WEST, ALONG A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, 2632.56 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE DEPARTING SAID PARALLEL LINE, NORTH 00 DEGREES 52 MINUTES 22 SECONDS WEST, ALONG A LINE 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1, 2629.70 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 88 DEGREES 41 MINUTES 49 SECONDS WEST, ALONG SAID SOUTH LINE, 7.00 FEET TO A LINE 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; Project No.: 17144 Town of Gilbert File: Exhibit A Hubbard Engineering (Mesa, AZ) Page 2 of 3 jhaws@hubbardengineering.com THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG SAID PARALLEL LINE, 971.03 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2824.79 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 02 DEGREES 05 MINUTES 20 SECONDS, AN ARC LENGTH OF 102.98 FEET; THENCE NORTH 83 DEGREES 09 MINUTES 52 SECONDS EAST, 80.18 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,179,316 SQUARE FEET, OR 27.0734 ACRES MORE OR LESS. 54400 JEREMY K. HAWS 07/18/17 Project No.: 17144 Town of Gilbert File: Exhibit A Hubbard Engineering (Mesa, AZ) Page 3 of 3 jhaws@hubbardengineering.com 1201 S. Alma School Rd. Suite 12000 ENGINEERING Ph: Mesa, 480.892.3313 AZ 85210 www.hubbardengineering.com NE CORNER _,.Ap KEY MAP SEC. 1, T2S, R6E, SEE BELOW LEFT PECOS E. LINE, SE 1/4 ROAD SEC. 12, T2S, R6E E. LINE, NE 1/4 SEC. 1, T2S, R6E QUEEN NE4 SEC. 1 (3 cct CREEK T2S, R6E ROAD MARICOPA E. 1/4 COR. COUNTY 14.t (r) SEC. 1, T2S, R6E MARICOPA COUNTY RITTENHOUSE' NE. CORNER JACARANDA 17 ROAD L, SEC. 13, T2S, R6E BLVD. ce co (I) 00 u_ 0 0 0 GERMANN 0 u_ ROAD N.T.S. 0 NE CORNER SEC. 12, T2S, R6E 0 LONG WOOD E. 1/4 COR, I- DRIVE SEC. 13, T2S, R6E MARICOPA COUNTY ci c\I SPYGLASS z BLVD. MARICOPA HA VEN CREST COUNTY 5W4 SEC. 18 DRIVE RYAN RD T2S, R7E E. 1/4 COR. SW4 SEC. 7 OCOTILLO SEC. 12, 125, R6E T2S, R7E E. LINE, SE 1/4 ROAD SEC. 12, T2S, R6E NE. CORNER SEE ABOVE RIGHT SEC. 24, T2S, R6E TOWN OF GILBERT Project No. Date 17144 07/18/17 MARICOPA COUNTY ANNEXATION EXHIBIT Sht 1 of 6 EXHIBIT -B" Project Manager Project Eng. Town of Gilbert, Maricopa County, Arizona J. HAWS BBARD 1201 S. Alma Suite School 12000 Rd. Mesa, AZ 85210 Ph: 480.892.3313 www.hubbardengineering.com NE CORNER SEC. 1, ------------- SEE BELOW LEFT T2S, R6E, N83'09 52"E PECOS 80.18' 37.00' L F - 33.00' 33.00' H S8656'18'W 2904.79' 38.07' I-- 70' R/W (RADIAL BEARING) 4= 211'45'; 65' R/W NI 4= 205'20", R=2904.79', w R=2824.79', L=111.32' O CL L=102.98' MARICOPA ZO COUNTY O 1-U S051 '57"E 2628.46' 0 PJ NE4 SEC. 1 70' R/W MARICOPA N.T.S. T2S, R6E E. LINE, SE 1/4 COUNTY LU SEC. 1, T2S, R6E LL w O cc z 0 RITTENHO USE ROAD z ;r) o w I-U-1 30.00' 40.00' 40.00' 65' R/W - E. LINE, NE 1/4 SEC. 1, T2S, R6E NW4 SEC. 6 E. 1/4 COR. T2S, R7E SEC. 1, T2S, R6E O U- IX S. LINE, NE 1/4 Z SEC. 1, T2S, R6E 7 O — t',189' I 6 '37''W I— (9 SE4 SEC. 1 S8841 '49"W 7.00' S0'52'22"E T2S, R7E N0'52'22''W 7.00' S0'52 '22"E 2629.95' 2629.70' 2629.03' E. LINE, SE 1/4 37.00' 65' R/W SEC. 1, T2S, R6E 33.00' 33.00' 33.00' SEE ABOVE RIGHT SEE SHEET 3 r TOWN OF GILBERT Project No. Date 17144 07/18/17 MARICOPA COUNTY ANNEXATION EXHIBIT EXHIBIT "8" Project Manager Project Eng. Town of Gilbert, Maricopa County, Arizona J. HAWS 1201 S. Alma School Rd. Mesa, Suite AZ 85210 12000 ENGINEERII:G Ph: 480.892.3313 www.hubbardengineeri SEE SHEET 2 SEE BELOW LEFT NO'52'22'W 33.00' 55.00' 2629.70' 15.00' TOWN OF I GILBERT LONG WOOD ci (0 33.00' DRIVE (i) L,J V S05222"E 2629.95' E. LINE, SE 1/4 SEC. 1, T2S, R6E 65' R/W MARICOPA COUNTY NE CORNER SEC. 12, T2S, R6E —8‘ S. LINE, SE 1,4-- S. LINE, SW 1/4 SEC. 1, Tas R6E SEC. 6, T2S, R7E CPRMANN ROAD S050'44 "E. 56.17' 25.00' \1S8853'42 "E 22.01' co r: N.T.S. c\I m- Z‘t- sz. 55.00' I-- 15.00' SEE ABOVE RIGHT SEE SHEET 4 TOWN OF GILBERT Project No. Date 17144 07/18/17 MARICOPA COUNTY ANNEXATION EXHIBIT EXHIBIT NB" Project Manager Project Eng. Town of Gilbert, Maricopa County, Arizona J. HAWS HUBBA 1201 S. Alma Suite School 12000 Rd. ENGINEERING Ph: Mesa, 480.892.3313 AZ 85210 www.hubbardengineering.com SEE SHEET 3 SEE BELOW LEFT — 70' R/W E. LINE, NE ,/43i00 55.00' 33.00' 55.00' SEC. 12, T2S, R6E —15.00' 15.00' MARICOPA COUNTY HAVEN CREST DR. RYAN RD. S. LINE, NE 1/4 S. LINE, NW 1/4 SEC. 12, T2S, R6E SEC. 7, T2S, R7E 1/4 E. COR. SEC. 12, T2S, R6E E. LINE, SE 1/4 SEC. 12, T2S, R6E u_ cN, 0 cc LL, z w ci c2 12 3 33.00' 55.00' Er) 15.00' 70' R/W 47 65' R/W N.T.S. 2631. 0 cc Ii- z 0 cc 0 152"E o - I- 0 0 0'50 33.00' 55.00' a 20.00' 55.00' 75 R/W SEE ABOVE RIGHT SEE SHEET 5 TOWN OF GILBERT Project No. Dote 17144 07/18/17 MARICOPA COUNTY ANNEXATION EXHIBIT E EXHIBIT "B" I Project Manager I Project Eng. Town of Gilbert, Maricopa County, Arizona J. HAWS 1201 S. Alma School Rd. Suite 12000 ENGINEERING Ph: Mesa, 480.892.3313 AZ 85210 www.hubbardengineering.com SEE SHEET 4 SEE BELOW LEFT CN 20.00' 3300' Lj 55.00' (3 rII ct 15.00' L(%)' (r) N0'50'52V cri 65' R/W 1.--N 2631.13' S050'52 "E 2631.47' - S. LINE, SE 1/4 rS. LINE, SW 1/4 SEC. 12, T2S, R6E SEC. 7, T2S, R7E NE. CORNER U_ w SEC. 13, T2S, R6E 0 cc z(-) E. LINE, NE 1/4 o z SEC. 13, T2S, R6E w LIJ JACARANDA N.T.S. MARICOPA 26 COUNTY co S0'53'57"E Li ct Lr: 4.1 (r) (r) N MARICOPA 33.00' COUNTY E. 1/4 COR. 55.00' SEC. 13, T2S, R6E 15.00' S. LINE, NE 1/4 S. LINE, NW 1/4 SEC. 13, T2S, R6E SEC. 18, T25, R7E 55.00' 15.00' SEE ABOVE RIGHT SEE SHEET 6 TOWN OF GILBERT Project No. Date 17144 07/18/17 E MARICOPA COUNTY ANNEXATION EXHIBIT Sht 5 of 6 EXHIBIT "B" Project Manager Project Eng. Town of Gilbert, Maricopa County, Arizona J. HAWS SPYGLASS BLVD. SEE ABOVE RIGHT TOWN OF GILBERT Project No. Date 17144 07/18/17 MARICOPA COUNTY ANNEXATION EXHIBIT EXHIBIT HB's Project Manager Project Eng. Town of Gilbert, Moricopa County, Arizona J. maws E PECOS RD MARICOPA COUNTY , TOWN OF GILBERT IflSF-DT1 GC EXHIBIT C 0 100 200 400 Feet POWER ROAD PROPOSED ZONING It tilt 1 1 GI LBERT Page 1 of 7 PROPOSED MF/M ZONING ' TOWN OF QUEEN CREEK E GERMANN RD'. EXHIBIT C POWER ROAD PROPOSED ZONING Page 2 of 7 EXHIBIT C 0 100 200 400 Feet POWER ROAD PROPOSED ZONING t I t I GILBERT Page 3 of 7 Page 4 of 7 EXHIBIT C 0 100 200 400 Feet POWER ROAD PROPOSED ZONING Ii I t It GILBERT Page 5 of 7 • .;:•ir l• • . • • PROPOSED,PFil ZONING -• ' 1 • : . : . I:• •• • ••••i ...... . • __LILL. • ..:. TOWN OF QUEEN CREEK TOWN OF GILBERT EXHIBIT C 0 100 200 400 Feet POWER ROAD PROPOSED ZONING I I I t t I GILBERT Page 6 of 7 EXHIBIT C POWER ROAD PROPOSED ZONING Page 7 of 7