GILBERT DEANNEXATION ORD NO 2626.PDF
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ORDINANCE NO. 2626 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF GILBERT, MARICOPA COUNTY, ARIZONA DEANNEXING CERTAIN TERRITORY CONSISTING OF APPROXIMATELY 0.1633 ACRES OF OCOTILLO ROAD RIGHT- OF-WAY, GENERALLY LOCATED AT THE INTERSECTION OF OCOTILLO ROAD AND POWER ROAD, TO THE TOWN OF QUEEN CREEK CONTINGENT UPON ANNEXATION OF SAID TERRITORY BY THE TOWN OF QUEEN CREEK PURSUANT TO THE PROVISIONS OF A.R.S. § 9-471.02; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, A.R.S. § 9-471.02 provides a method for territory to be de-annexed and severed from one city or town and annexed to another city or town if said territory is contiguous to the city or town that annexes the territory; WHEREAS, it is the desire of the Town of Gilbert to de-annex certain territory described and depicted herein from the Town of Gilbert to the Town of Queen Creek; WHEREAS, the Town of Gilbert Town Council intends to de-annex said territory, which is contiguous to the Town of Queen Creek, and declares the de-annexation contingent on the fulfillment of the conditions set forth in A.R.S. § 9-471.02. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows: Section I. In General. A. That portion of Ocotillo Road right-of-way generally located at the intersection of Ocotillo Road and Power Road, consisting of approximately 0.1633 acres, as legally described in Exhibit I attached hereto and depicted in the accurate map attached hereto as Exhibit 2 is hereby de-annexed from the Town of Gilbert and annexed to the corporate limits of the Town of Queen Creek, contingent upon annexation by the Town of Queen Creek and fulfillment of the provisions and requirements set forth in A.R.S. § 9-471.02. Exhibit 1 and Exhibit 2 are incorporated herein by this reference. B. A copy of this ordinance shall be filed with the Maricopa County Board of Supervisors with a request that the Board of Supervisors set a hearing date as set forth in A.R.S. § 9-471.02 (D). 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in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. Ordinance No. 2626 Page 2 of 2 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 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 21 st day of September, 2017. AYES: S.Anderson, E.Cook, J.Daniels, V.Petersen, B.Peterson, J.Taylor NAYES: None ABSENT: J.Ray EXCUSED: None ABSTAINED: None ATTEST: 64.4.k If•orvvli Andrew J.-McGuire, Interim Town Attorney I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2 6 2 6 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 21 s'r DAY OF SEPTEMBER, 2017, WAS POSTED IN FOUR PLACES ON THE 28th DAY OF SEPTEMBER , 2017. Lisa Max ell, Town uleri7 c The following exhibits are attached hereto and incorporated herein: 1. Exhibit 1 - Legal Description 2. Exhibit 2 - Map EXHIBIT! GROUP Legal Description Town of Gilbert Right-of-Way De-Annexation Job No. 12-042.4 April 12, 2017 A'portion of the Southeast Quarter of Section 13, Township 2 South, Range 6 East, Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at a brass cap in hand hole at the southeast corner of said Section 13, from which an aluminum cap at the south quarter-corner of said Section 13 bears South 86 degrees 40 minutes 47 seconds West a distance of 2665.58 feet; thence along the east line of said southeast quarter, North 0 degrees 46 minutes 50 seconds West, 53.59 feet; thence South 89 degrees 13 minutes 10 seconds West, 33.00 feet to the POINT OF BEGINNING; thence South 86 degrees 40 minutes 47 seconds West, 794.64 feet to the beginning of a non- tangent curve, concave Southeast, from which the radius point bears South 7 degrees 56 minutes 59 seconds East a distance of 3065.00 feet; thence Northeasterly 247.65 feet along the arc of said curve to the right through a central angle of 4 degrees 37 minutes 46 seconds; thence North 86 degrees 40 minutes 47 seconds East, 525.68 feet; thence North 89 degrees 35 minutes 47 seconds East, 22.00 feet; thence South 0 degrees 46 minutes 50 seconds East, 8.89 feet to the POINT OF BEGINNING. Contains 7,112 square feet or 0.1633 acres, more or less. EPS Group, Inc. 0 2045 S. Vineyard, Suite 1010 Mesa, AZ 85210 Tel (480) 503-22500 Fax (480) 503-2258 S: \Projects\2012\12-042 \-04 Ocotillo Road Design \Legal Survey \Legals\ANNEXATION LEGALS\12-042.4_10-foot ROW- DE-ANNEXATION_041117.docx EAST QUARTER–CORNER EXHIBIT 2 r SECTION 13, 125, R6E I FOUND BRASS CAP IN HANDHOLE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 13 LINE TABLE LINE BEARING LENGTH 0 Ll 5891310W 33.00' 4 –I 0 L2 N89'35'47”E 22.00' L3 SO0'46'50”.E 8.89' cc Li I 0 L=247.65', R=3065.00' A=4'37'46" L2-1 L3 l tna PUB. N86'40'47E 525.68' Detign 794.64' Rood S8640'474 LI P.O.C. 0t,t S86'40'47"W 2-665.58' 53. 59. SOUTHEAST CORNER 04 — OCOTILLO ROAD SECTION 13, T2S, R6E FOUND BRASS CAP SOUTH LINE OF THE ) -cp Lc, IN HANDHOLE SOUTHEAST QUARTER , Lin OF SECTION 13 1 F- 1 Z. 200 0 200 400 SOUTH QUARTER–CORNER SECTION 13, 12S, R6E scale feet FOUND ALUMINUM CAP www.epsgroupinc.com f"-T1 RIGHT-OF-WAY DE-ANNEXATION 0 A PORTION OF THE SOUTHEAST QUARTER OF SECTION 13, T2S, R6E APRIL 12, 2017 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER When recorded mail to: ADRIAN FONTES 20170704895 09/25/2017 10:49 N ELECTRONIC RECORDING Gilbert1290-5-1-I-- Town of Gilbert Town Clerk 50 East Civic Center Drive Gilbert AZ 85296 This area reserved for County Recorder CAPTION HEADING Ordinance No. 2626 DO NOT REMOVE