QUEEN CREEK ANNEXATION ORD NO 671-18.PDF
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ORDINANCE 671-18 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF QUEEN CREEK EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF QUEEN CREEK, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, SECTION 1.02 ARIZONA REVISED STATUTES BY DEANNEXING AND ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS. WHEREAS, pursuant to Maricopa County's approval of the incorporation of the Town of Queen Creek, a legal description was prepared, submitted, and approved, in which certain existing right-of-way and roadway corridors were not included within the incorporated limits of the Town of Queen Creek; and WHEREAS, Arizona state law (ARS Section 9-471(N)) provides that a county right- of-way or roadway may be annexed to an adjacent town by mutual consent of the governing bodies of the county and town if the property annexed is adjacent to the annexing town for the entire length of the annexation and if the town and county each approve the proposed annexation as a published agenda item at a regular public meeting of their governing bodies; and WHEREAS, Arizona state law (ARS Section 9-471.02) provides that territory may be deannexed and severed from one city or town and annexed to another city or town under this section if the territory that is deannexed is contiguous to the city or town that annexes the territory, and WHEREAS, the Mayor and Common Council of the Town of Gilbert, Arizona has deannexed territory under Ordinance Number 2626 and recorded with the Maricopa County Recorder under Recording Number 2017-0704895 on September 25, 2017, and WHEREAS, the Mayor and Common Council of the Town of Queen Creek, Arizona, are desirous to annex Ocotillo Road from Power Road to Recker Road; and WHEREAS, the territory legally described in Exhibit "A" and depicted in Exhibit "B" to this Ordinance is contiguous to the Town, is not now embraced within its limits, and is adjacent to the Town for the entire length of annexation; and WHEREAS, the Mayor and Common Council of the Town of Queen Creek, Arizona, are desirous of extending and increasing the corporate limits of the Town to include said territory; and WHEREAS, The Towns of Queen Creek and Gilbert and Maricopa County entered into Intergovernmental Agreement #C-64-15-142-M-00 on June 4, 2015, whereby the Town of Queen Creek agreed to annex Ocotillo Road from Power Road to Recker Road; and WHEREAS, Exhibit "A" sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Queen Creek, and attached thereto are accurate maps of the territory desired to be annexed; and WHEREAS, the provisions of Section 9-471.02, Arizona Revised Statutes, and amendments thereto, have been fully observed. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF QUEEN CREEK, ARIZONA, AS FOLLOWS: SECTION 1. That a copy of this Ordinance, together with an accurate map of the territory hereby annexed to the Town of Queen Creek, Arizona, certified by the Clerk of the Town, be forthwith filed with the Maricopa County Clerk for publication as an agenda item at the next regular public meeting of Maricopa County governing body. SECTION 2. That upon approval of the proposed annexation as a published agenda item at a regular public meeting of Maricopa County governing body, the following described territory is hereby annexed to the Town of Queen Creek, Arizona, and that the present corporate limits are hereby extended and increased to include the territory described in Exhibit "A" and depicted in Exhibit "B" contiguous to the present Town limits, to wit: SEE EXHIBITS "A" AND "B" ATTACHED HERETO PASSED AND ADOPTED by the Mayor and Common Council of the Town of Queen Creek, Arizona, this 18th day of July, 2018. FOR THE TOWN OF QUEEN CREEK: ATTESTED TO: nifer Robitison, Town Clerk REVIEWED BY: APPROVED AS TO FORM: /4 ""'""*."----- JohnVois, Town Manager Dickinson Wright PLLC Attorneys for the Town EXHIBIT A LEGAL DESCRIPTION OF AREA TO BE ANNEXED ,v_EPS GROUP Legal Description Town of Queen Creek Right-of-Way Annexation Job No. 12-042.4 November 30, 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. • 2045 S. Vineyard, Suite 101 • Mesa, AZ 85210 Tel (480) 503-2250 • Fax (480) 503-2258 S:\Projects\2012\12-042\414 Ocotillo Road Design\Legal Survey \Legals\ANNEXATION LEGALS\12-042.4_10-foot ROW- ANNEXATION_113017.docx EXHIBIT B DEPICTION OF AREA TO BE ANNEXED III HANDHOLE THE QUARTER 400 1 feet EPS GROUP OF 13 R6E R6E IN UNE SECTION CORNER T2S, CAP www.epsgroupinc.com QUARTER—CORNER T2S, CAP EAST SOUTHEAST OF 13, BRASS 200 4F 13, BRASS P.O.B. SOUTHEAST SECTION FOUND HANDHOLE L3 P.O.C. IN EAST SECTION FOUND r 0 R6E L2-1 L1. T2S, 525.68' 794.64' 5339i- scale 13, 200 S86'40'47W ROAD SECTION N8640'47E OF R=3065.00' ANNEXATION 2017 - OCOTILLO QUARTER 30, LENGTH 33.00' 22.00' 8.89' L=247.65', A=4'37'46° TABLE NOVEMBER BEARING S8913'10''W N8915147E SO0'46'50nE RIGHT—OF—WAY SOUTHEAST LINE tun 'ID un t t-- s LINE L1 12 L3 2665.55 THE OF i-86.40147W THE QUARTER PORTION OF 13 UNE SECTION R6E CAP A SOUTH SOUTHEAST QUARTER—CORNER 12S, ALUMINUM OF 13, SOUTH SECTION FOUND