GILBERT DEANNEXATION ORDINANCE NO 2656.PDF
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ORDINANCE NO. 2656 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF GILBERT, MARICOPA COUNTY, ARIZONA DEANNEXING CERTAIN TERRITORY CONSISTING OF APPROXIMATELY 4.2518 ACRES OF COOPER ROAD RIGHT- OF-WAY, GENERALLY LOCATED BETWEEN KNOX ROAD AND GALVESTON STREET, TO THE CITY OF CHANDLER CONTINGENT UPON ANNEXATION OF SAID TERRITORY BY THE CITY OF CHANDLER 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 City of Chandler; WHEREAS, the Town of Gilbert Town Council intends to de-annex said territory, which is contiguous to the City of Chandler, 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 Cooper Road right-of-way generally located between Knox Road and Galveston Street, consisting of approximately 4.2518 acres, as legally described in Exhibit 1 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 City of Chandler, contingent upon annexation by the City of Chandler 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in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed.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. 2656 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 19th day of April, 2018. AYES:S.Anderson, E.Cook, J.Daniels, V.Petersen, B.Peterson, J.Ray J. Taylor NAYES: i\ione ABSENT: None EXCUSED; None APPROVED this 19 1 ATTEST: APPROVED AS TO FORM: Chris Payne, Fown/Attorney I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2 656 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 19TH DAY OF APRIL, 2018, WAS POSTED IN FOUR PLACES ON THE 25 DAY OF APRIL ,2018. Lisa The following exhibits are attached hereto and incorporated herein: 1. Exhibit 1 - Legal Description 2. Exhibit 2 - Map EXHIBIT 1 COOPER ROAD DE-ANNEXATION A PORTION OF COOPER ROAD, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24 AND THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 1 SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24, BEING MONUMENTED BY A BRASS CAP FLUSH, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 24, BEING MONUMENTED BY A BRASS CAP IN HAND HOLE, BEARS SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 2639.15 FEET. THENCE NORTH 89 DEGREES 33 MINUTES 08 SECONDS EAST, ALONG THE EAST-WEST MID- SECTION LINE OF SAID SECTION 24, 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MID-SECTION LINE, NORTH 89 DEGREES 33 MINUTES 08 SECONDS EAST, 32.00 FEET TO A LINE 65.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE, AND ALSO BEING THE EAST RIGHT OF WAY LINE OF SAID COOPER ROAD AS SHOWN ON THE FINAL PLAT FOR "DAVE BROWN COUNTRY ESTATES I," RECORDED AT BOOK 393 PAGE 36, MARICOPA COUNTY RECORDS (M.C.R.); THENCE DEPARTING SAID MID-SECTION LINE, SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, 556.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC LENGTH OF 18.85 FEET TO A LINE 77.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG SAID PARALLEL LINE, 60.00 FEET TO SAID RIGHT OF WAY LINE AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, FROM WHICH THE CENTER BEARS SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 12.00 FEET; THENCE ALONG SAID RIGHT OF WAY LINE AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC LENGTH OF 18.85 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 632.11 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.00 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC LENGTH OF 18.85 FEET TO A LINE 77.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG SAID PARALLEL LINE, 66.00 FEET TO THE EAST RIGHT OF WAY LINE OF SAID COOPER ROAD AS SHOWN IN SAID FINAL PLAT AND THE BEGINNING OF A NON-TANGENT Project No.: 18115 Location: Town of Gilbert File: Cooper Rd. De-annexation Hubbard Engineering (Mesa, AZ) Page 1 of 4 jhaws@hubbardengineering.com CURVE, CONCAVE SOUTHEASTERLY, FROM WHICH THE CENTER BEARS SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 12.00 FEET; THENCE ALONG SAID RIGHT OF WAY LINE AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC LENGTH OF 18.85 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 579.25 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 12.00 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC LENGTH OF 18.85 FEET TO A LINE 77.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG SAID PARALLEL LINE, 50.00 FEET TO SAID RIGHT OF WAY LINE AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, FROM WHICH THE CENTER BEARS SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 12.00 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC LENGTH OF 18.85 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 536.70 FEET AS SHOWN IN THE FINAL PLAT FOR "DAVE BROWN COUNTRY ESTATES IV," RECORDED AT BOOK 412 PAGE 35, M.C.R. AND THE FINAL PLAT FOR "COUNTRY ESTATES COMMERCIAL," RECORDED AT BOOK 445, PAGE 31 M.C.R.; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 45 DEGREES 16 MINUTES 22 SECONDS EAST, 29.85 FEET TO THE NORTH RIGHT OF WAY LINE OF RAY ROAD; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 24 MINUTES 35 SECONDS EAST, 65.00 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 35 MINUTES 25 SECONDS EAST, ALONG SAID SOUTH LINE, 17.99 FEET; THENCE DEPARTING SAID SOUTH LINE, SOUTH 00 DEGREES 24 MINUTES 35 SECONDS EAST, 65.00 FEET TO THE EAST RIGHT OF WAY LINE OF SAID COOPER ROAD AS SHOWN ON THE FINAL PLAT FOR "COOPER SQUARE," RECORDED AT BOOK 518, PAGE 12, M.C.R.; THENCE SOUTH 44 DEGREES 49 MINUTES 58 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, 42.61 FEET TO A LINE 75.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, 634.69 FEET; Project No.: 18115 Location: Town of Gilbert File: Cooper Rd. De -annexation Hubbard Engineering (Mesa, AZ) Page 2 of 4 jhaws@hubbardengineering.com THENCE SOUTH 89 DEGREES 35 MINUTES 40 SECONDS WEST, 4.00 FEET TO A LINE 71.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE AND TO THE EAST RIGHT OF WAY LINE OF COOPER ROAD AS SHOWN ON THE FINAL PLAT FOR "WESTBANK," RECORDED AT BOOK 407, PAGE 45, M.C.R.; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, 72.62 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 02 DEGREES 53 MINUTES 03 SECONDS WEST, 122.42 FEET TO A LINE 65.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, 443.95 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 44 DEGREES 55 MINUTES 30 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, 21.21 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 06 DEGREES 46 MINUTES 04 SECONDS EAST, 50.36 FEET; THENCE SOUTH 45 DEGREES 04 MINUTES 30 SECONDS WEST, 21.21 FEET TO A LINE 71.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE AND TO SAID RIGHT OF WAY LINE; THENCE SOUTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, 131.31 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 03 DEGREES 30 MINUTES 31 SECONDS WEST, 100.18 FEET TO A LINE 65.00 EAST OF AND PARALLEL WITH SAID WEST LINE; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, 593.69 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 44 DEGREES 55 MINUTES 30 SECONDS EAST, 21.21 FEET TO A LINE 80 FEET EAST OF AND PARALLEL TO SAID WEST LINE; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, ALONG SAID PARALLEL LINE, 50.00 FEET TO SAID RIGHT OF WAY LINE; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 45 DEGREES 04 MINUTES 30 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, 21.21 FEET TO A LINE 65.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, 243.10 FEET TO A LINE 33.00 FEET NORTH OF AND PARALLEL TO THE EAST- WEST MID-SECTION LINE OF SAID SECTION 25; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 89 DEGREES 45 MINUTES 12 SECONDS WEST, ALONG SAID PARALLEL LINE, 32.00 FEET TO A LINE 33.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE; Project No.: 18115 Location: Town of Gilbert File: Cooper Rd. De-annexation Hubbard Engineering (Mesa, AZ) Page 3 of 4 jhaws@hubbardengineering.corn THENCE DEPARTING SAID PARALLEL LINE, NORTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, 2596.50 FEET TO SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 24 AND TO A LINE 33.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, ALONG SAID PARALLEL LINE, 2639.17 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 185,209 SQUARE FEET, OR 4.2518 ACRES, MORE OR LESS. Project No.: 18115 Location: Town of Gilbert File: Cooper Rd. De-annexation Hubbard Engineering (Mesa, AZ) Page 4 of 4 jhaws@hubbardengineering.com 1201 S. Alma School Rd. Suite 12000 ENGINEERING Ph: Mesa, 480.892.3313 AZ 85210 www.hubbardengineeri N8933 '08 "E 33.00' SEE LOWER LEFT RADIAL BRG. r— E-W MID-SECTION LINE, \\ .:0'08 '07"E c.14:1(.) 4.0.0 ccoxi • • SEC. 24, T1S, R5E d= 9000'00', , 65' R/W R=12.00', DAVE BROWN L=18.85' (N,14 cc; co COUNTRY ESTATES II BK. 393, PG. 35, DAVE BROWN M. C. R. COUNTRY ESTATES I IN BK. 393, PG. 36, 33.00' 4= 9000'00", M.C. R. /7- Fri R=12.00', L=18.85' .4= 9000'00", -R=12.00', L=18.85' ORANGE DR. — S0'08 '07"E 50.00' RADIAL BRG. S008 '07"E ,A+1III"" L1 = 90'00'00', - 2' J' , R=12.00', L=18.85' L=18.85' cr) QS' 65' RA c.D cc. cE COUNTRY ESTATES IN Lu QS COMMERCIAL BK. 445, PG. 31, co c-o M. C. R. (r) co S45'16 '22 "E zi= 900000, 29.85' R=12.00', S0'24'35"E 65.00' L=18.85' N89,35 '25"E 17.99' -ORCHID LN. RAY ROAD S008 '07"E 66.00' S0'24'35T 6,5.00' MEM SEE UPPER RIGHT wawa COOPER ROAD DE—ANNEXATION KNOX ROAD - GALVESTON STREET EXHIBIT 2 Town of Gilbert, Maricopa County, Arizona H U R D 1201 S Alta Suite School 12000 Rd. Mesa, AZ 85210 ENGINEERING Ph: 480.892.3313 www.hubbardengineering.com SEE SHEET 1 SEE LOWER LEFT riliN S44'49 '58 "W S45'04'30"W 21.21' In Lc) 42.61 P c\I \-S0'04'30"W 131.31' N- o 71.00' P o co I (\i I 1:3• \\_S3'30 '31"W 100.18' 33.00' COOPER SQUARE - 65' R/W BK. 518, PG. 12, M.C. R. (z) - 75' R/W (.4 N- P - S8935 '40 ''W 4.00' cf) 71' R/W -SO'04'30"W 72.62' S4455 '30"E 21.21' - S2'53 '03"W 122.42' BUCHANAN ST. S0'04'30"W 50.00' 65' R/W - S45'04'30"W 21.21' WESTBANK WESTBANK BK. 407, PG. 45, 0 0 BK. 407, PG. 45, M. C. R. N-Q. - M. C. R. (f) E-W MID-SECTION LINE, SEC. 25, T1S, R5E cr) GALVESTON ST. S44'55'30 "E 21.21 ' S8945'12 'W N.T.S. 1111/ANHOE ROAD 32.00' OMNI 4u6',(21:E SEE UPPER RIGHT COOPER ROAD DE-ANNEXATION Project No. Dote KNOX ROAD - GALVESTON STREET 18115 03/29/18 Sht 2 of 2 EXHIBIT 2 Project Manager Project Eng. Town of Gilbert, Maricopa County, Arizona J. HAWS