TOWN OF GILBERT ANNEXEXATION ORD NO 2640.PDF
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ORDINANCE NO. 2640 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF GILBERT, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF GILBERT, MARICOPA COUNTY, STATE OF ARIZONA, IN ANNEXATION CASE NUMBER A18-01, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING CERTAIN TERRITORY TO THE EXISTING TOWN LIMITS OF THE TOWN OF GILBERT, CONTINGENT UPON ITS BEING DE- ANNEXED BY THE CITY OF MESA AS APPROVED BY THE MARICOPA COUNTY BOARD OF SUPERVISORS. WHEREAS, the Town of Gilbert desires to annex contiguous territory now within the corporate limits of the City of Mesa, pursuant to the provisions of A.R.S. § 9-471.02 as amended; and WHEREAS, the Town of Gilbert has requested that the City of Mesa de-annex and sever said territory from its corporate limits, and has notified the City of Mesa of its desire to adopt an ordinance to annex said territory; and WHEREAS, the Town of Gilbert consents to and approves of the proposed annexation contingent upon consent to and approval of the proposed annexation by the Maricopa County Board of Supervisors pursuant to the provisions of A.R.S. § 9-471.02; NOW THEREFORE, BE IT RESOLVED by the Common Council of the Town of Gilbert, Arizona as follows: Section I. Pursuant to the provisions of A.R.S. § 9-471.02, and contingent upon approval of the Maricopa County Board of Supervisors, the territory described and depicted in Exhibit A is annexed to the Town of Gilbert contingent upon its being de-annexed by the City of Mesa in the manner provided in A.R.S. § 9-471.02, and that the present corporate limits of the Town of Gilbert are hereby modified and increased to add the following territory, which is contiguous to both the City of Mesa and the Town of Gilbert, contingent upon the fulfillment of the conditions of Section 2 of this Ordinance. Exhibit A is attached hereto and incorporated herein by this reference. Section II. That a copy of this Ordinance, together with an accurate map of the territory hereby de-annexed from the City of Mesa, certified by the Mayor of the Town of Gilbert, be forthwith filed by the Clerk of the Maricopa County Board of Supervisors. Additionally, City of Mesa staff is hereby authorized and directed to notify, by certified mail return receipt requested, the owners of any real property in the territory to be de-annexed at least twenty (20) days before the hearing by the Maricopa County Board of Supervisors. Such notification shall contain the information as more specifically set forth in Title 9, Chapter 4, Article 7, Section 9-471.02, Arizona Revised Statutes. Ord. No. 2640 Page 2 of 4 Section III. The land annexed, as more particularly described in Section I above, shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the City of Mesa while such land was within the limits of the City of Mesa and which remains unpaid, and for the payment of which such land could be lawfully taxed. Section IV. The Clerk of the Town is hereby instructed to file and record a copy of this Ordinance, together with documentation of approval by the Maricopa County Board of Supervisors and an accurate map of the territory to be annexed to the Town of Gilbert, certified by the Mayor of the Town of Gilbert, in the Office of the County Recorder of Maricopa County, Arizona. Section V. The zoning classification for the land annexed, as more particularly described in Section I above, shall be Town of Gilbert Multi-Family/Medium (MF/M). Section VI. The Development Services Department of the Town of Gilbert is hereby directed to enter such changes and amendments as may be necessary upon the Zoning Map of the Town of Gilbert Land Development Code in compliance with this Ordinance. INTRODUCED AND TENTATIVELY APPROVED AS SET FORTH HEREIN by the Mayor and Council of the Town of Gilbert, Maricopa County, Arizona, this 1 st day of February, 2018, by the following vote: AYES: S.Anderson, E.Cook, J.Daniels, V.Petersen, B.Peterson, J.Ray J.Taylor NAYES: None ABSENT: None EXCUSED: None ABSTAINED: None APPROVED this 1st day of February, 2018. ATTEST: Lisa Maxwell, Town Clerk Ord. No. 2640 Page 3 of 4 APPROVED AS TO FORM: Christopher W. Pvfne, Tibwn Attorney I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2640 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 1 ST DAY OF FEBRUARY, 2018, WAS POSTED IN FOUR PLACES ON THE 8th DAY OF FEBRUARY, 2018. - Lisa Maxwell, Town Clerk The following exhibits are attached hereto and incorporated herein: A. Legal Description and Annexation Map Ord. No. 2640 Page 4 of 4 Exhibit A Legal Description and Annexation Map Exhibit A A18-01 Legal Description That portion of the Southwest quarter of Section 35 Township 1 North, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona being more particularly described as follows: COMMENCING at the Southwest corner of Section 35, Township 1 North, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona, from which the West Quarter corner of said Section 35 bears North 00 degrees 23 minutes 26 seconds East, a distance of 2648.93 feet; THENCE North 00 degrees 23 minutes 26 seconds East along the West line of the Southwest Quarter of Section 35, a distance of 639.04 feet THENCE departing the said Section Line South 89 degrees 36 minutes 34 seconds East a distance of 400.00 feet to the True Point of Beginning. THENCE North 00 degrees 23 minutes 26 seconds East, a distance of 578.50 feet; THENCE South 89 degrees 36 minutes 34 seconds East, a distance of 26.40 feet; THENCE South 00 degrees 23 minutes 26 seconds West, a distance of 578.50 feet; THENCE North 89 degrees 36 minutes 34 seconds West, a distance of 26.40 feet back to the True Point of Beginning. Said parcel containing 15,272.40 square feet or 0.35 acres more or less Exhibit A A18-01 Legal Description That portion of the Southwest quarter of Section 35 Township 1 North, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona being more particularly described as follows: COMMENCING at the Southwest corner of Section 35, Township 1 North, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona, from which the West Quarter corner of said Section 35 bears North 00 degrees 23 minutes 26 seconds East, a distance of 2648.93 feet; THENCE North 00 degrees 23 minutes 26 seconds East along the West line of the Southwest Quarter of Section 35, a distance of 639.04 feet THENCE departing the said Section Line South 89 degrees 36 minutes 34 seconds East a distance of 400.00 feet to the True Point of Beginning. THENCE North 00 degrees 23 minutes 26 seconds East, a distance of 578.50 feet THENCE South 89 degrees 36 minutes 34 seconds East a distance of 26.40 feet; THENCE South 00 degrees 23 minutes 26 seconds West, a distance of 578.50 feet THENCE North 89 degrees 36 minutes 34 seconds East. a distance of 26.40 feet back to the True Point of Beginning. Said parcel containing 15,272.40 sqft or 0.35 acres more or less Exhibit A A18-01 Legal Description That portion of the Southwest quarter of Section 35 Township 1 North, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona being more particularly described as follows: COMMENCING at the Southwest corner of Section 35, Township 1 North, Range 6 East of the Gila & Salt River Base & Meridian, Maricopa County, Arizona, from which the West Quarter corner of said Section 35 bears North 00 degrees 23 minutes 26 seconds East, a distance of 2648.93 feet; THENCE North 00 degrees 23 minutes 26 seconds East along the West line of the Southwest Quarter of Section 35, a distance of 639.04 feet THENCE departing the said Section Line South 89 degrees 36 minutes 34 seconds East a distance of 400.00 feet to the True Point of Beginning. THENCE North 00 degrees 23 minutes 26 seconds East, a distance of 578.50 feet THENCE South 89 degrees 36 minutes 34 seconds East a distance of 26.40 feet; THENCE South 00 degrees 23 minutes 26 seconds West, a distance of 578.50 feet THENCE North 89 degrees 36 minutes 34 seconds East. a distance of 26.40 feet back to the True Point of Beginning. Said parcel containing 15,272.40 sqft or 0.35 acres more or less Exhibit A A18-01 0.35± IAcres Town of City Gilbert of Mesa The SW corner of the SW 1/4 of Section 35, T1N, R6E of the G&SRB&M, Maricopa County, Arizona -El} Legal Control Point i City of Mesa Boundary L — -1 Quarter Section Proposed Deannexation Boundary EXHI IT 'A' OFFICIAL RECORDS OF MAR ICOPA COUNTY RECORDER ADRIAN FONTES 20180206250, 031 20/ 2018 09:09, N ELECTRONIC RECORDING When Recorded Return to: Gilbert1364-11-1-1--B Town Clerk Town of Gilbert 50 East Civic Center Drive Gilbert, AZ 85296 Town of Gilbert, Arizona Ordinance No. 2640 Annexation A18-01 East of Higley Road, south of Inverness Avenue Errata Sheet This Ordinance is being re-recorded again for the sole purpose of correcting clerical errors in the legal description of the property included in Annexation 18-01, as set forth in Exhibit A of Ordinance No. 2640 of the Town of Gilbert, Arizona. The re- recorded document recorded at Official Records of Maricopa County Recorder, Record # 20180175115 did not include the correct edited legal description. Now the original legal description is being corrected to replace two instances of "comer" in Paragraph 2, lines 1 and 3, with "corner"; and to replace "East" with "West" in paragraph 8, line 1. Ordinance 2640 was originally recorded at Official Records of Maricopa County Recorder, Record #2018-0087900. OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20180175115, 03/ 08/ 2018 10:25, N ELECTRONIC RECORDING G ilbert1364-1-9-1--A When Recorded Return to: Town Clerk Town of Gilbert 50 East Civic Center Drive Gilbert, AZ 85296 Town of Gilbert, Arizona Ordinance No. 2640 Annexation A18-01 East of Higley Road, south of Inverness Avenue Errata Sheet This Ordinance is being re-recorded for the sole purpose of correcting clerical errors in the legal description of the property included in Annexation 18-01, as set forth in Exhibit A of Ordinance No. 2640 of the Town of Gilbert, Arizona. The original legal description is being corrected to replace two instances of "comer" in Paragraph 2, lines 1 and 3, with "corner"; and to replace "East" with "West" in paragraph 8, line 1. Ordinance 2640 was originally recorded at Ifficial Records of Maricopa County Recorder, Record # 2018-0087900. OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES 20180087900, 0210512018 09:29, N ELECTRONIC RECORDING When recorded mail to: Gilbert1 364-7-1-1 -- Town of Gilbert Town Clerk 50 East Civic Center Drive Gilbert AZ 85296 This area reserved for County Recorder CAPTION HEADING Ordinance No. 2640 DO NOT REMOVE