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ORDINANCE NO. 2599 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 5.87 ACRES OF WILLIAMS FIELD ROAD RIGHT-OF-WAY, GENERALLY LOCATED BETWEEN POWER ROAD TO SOMERTON BOULEVARD, 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; 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-,A3E -IT-ORDAINED by-the-Cormnon Couneitof-the-Toi.vn - 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-1, 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 A-2. 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 Form No. 7.7 Annexation of ROW Ordinance Revised: March 30, 2015 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: 1) General Office (GO), 0.58 acres (Exhibits B-1 and B-2); 2) Multi- Family / Medium (MF/M), 0.85 acres (Exhibits C-1 and C-2); and 3) Shopping Center (SC), 4.44 acres (Exhibits D4 and D-2). These densities and uses are no greater than those permitted by the county immediately before the annexation. Section IL 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 day of December, 2016. AYES: j ranriland,E Cook, J 'Daniels, V PPytergen, Ft Peterqon,J ray,J Taylor NAYES: None ABSENT: NonR EXCUSED: Noric. ABSTAINED: None ATTEST: Lisa MaxWell, Town Clerk APPROVED AS TO FORM: /Mu L. Michael Hamblin, Town Attorney Form No. 7.7 Annexation of ROW Ordinance Revilmt . Marrth ?DI 5 I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2 9 9 9 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THEO DAY OF DECEMBER, 2016, WAS POSTED IN FOUR PLACES ON THE 8 DAY OF DECEMBER, 2016. The following exhibits are attached hereto and incorporated herein: 1. Exhibits A-1, B-1, C-1 and D-1 - Legal Descriptions 2. Exhibits A-2, B-2, C-2 and D-2 - Maps Form No. 7.7 Annexation of ROW Ordinance Revised: March 30, 2015 EXHIBIT "A-I" WILLIAMSFIELD ROAD ANNEXATION THAT PORTION OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 36, BEING MARKED BY A BRASS CAP IN HAND HOLE, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 36, BEING MARKED BY A BRASS CAP IN HAND HOLE, BEARS NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 2623.91 FEET; THENCE NORTH 00 DEGREES 52 MINUTES 41 SECONDS WEST, ALONG THE NORTH-SOUTH MID- SECTION LINE OF SAID SECTION 25, 65.00 FEET TO THE NORTH RIGHT OF WAY LINE OF WILLIAMSFIELD ROAD AS RECORDED IN DOCUMENT NUMBER 2014-070843, M.C.R.; THENCE DEPARTING SAID NORTH-SOUTH MID-SECTION LINE, AND RUNNING ALONG SAID RIGHT OF WAY LINE, NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 1429.33 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, NORTH 00 DEGREES 52 MINUTES 41 SECONDS EAST, 5.00 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND ITS EASTERLY PROLONGATION, NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 516.19 FEET TO THE WESTERN LIMITS OF TOWN OF GILBERT ANNEXATION ORDINANCE NUMBER 2128 BEING THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE EASTERLY, WHOSE RADIUS BEARS SOUTH 79 DEGREES 44 MINUTES 31 SECONDS EAST, 1029.78 FEET; THENCE DEPARTING THE EASTERLY PROLONGATION OF SAID RIGHT OF WAY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 07 DEGREES 51 MINUTES 08 SECONDS, A DISTANCE OF 141.13 FEET TO A LINE 70.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID NORTHEAST QUARTER, SAID LINE BEING THE EASTERLY PROLONGATION OF THE SOUTH RIGHT OF WAY LINE OF WILLIAMSFIELD ROAD AS RECORDED IN DOCUMENT NUMBER 2012- 0883096, M.C.R.; THENCE ALONG SAID EASTERLY PROLONGATION AND SAID RIGHT OF WAY LINE, SOUTH 89 DEGREES 26 MINUTES 55 SECONDS WEST, 269.50 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE NORTH 00 DEGREES 33 MINUTES 05 SECONDS WEST, 5.00 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 89 DEGREES 26 MINUTES 55 SECONDS WEST, 1658.59 FEET TO THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 36; THENCE DEPARTING SAID RIGHT OF WAY LINE, AND RUNNING ALONG SAID MID-SECTION LINE NORTH 00 DEGREES 47 MINUTES 48 SECONDS WEST, 65.00 FEET TO THE POINT OF BEGINNING. Project No.: 16148 Location: Town of Gilbert, Arizona File: Annexation William sfled Rd. Hubbard Engineering (Mesa, AZ) Page 1 of 2 aburcham@hubbardengineering.corn EXCEPT ANY PORTION OF LAND ALREADY ANNEXED BY THE TOWN OF GILBERT AS PART OF ANNEXATION ORDINANCE NUMBER 174 AND ANNEXATION ORDINANCE NUMBER 2128. SAID PARCEL CONTAINS 255,491 SQUARE FEET OR 5.8653 ACRES, MORE OR LESS. Project No.: 16148 Location: Town of Gilbert, Arizona File: Annexation — William sfied Rd. Hubbard Engineering (Mesa, AZ) Page 2 of 2 aburcham@hubbardengineeringcorn Dote 10/6/16 1 of 1 Sit No. Manager 16148 HAWS BEARING )31"E '55"E 751'08", R=1029.78', L=141.13' CORNER, R6E, BCHH Project Project J. N8926 2623.91' 689.53' NE 115, FND. RADIAL S7944 36, Arizona SEC. ANNEXATION County, EXHIBIT "A-2" "C ROAD Maricopa 516.19' EXHIBIT N8926'55 WILLIAMSFIELD Gilbert, -1 R6E 5.00' 269.50' 36 of N033'0514/ S89"26'55"W SEC. Town 115, 5.00' RD. 1658.59' 36, 25 NW SEC. R. School 12000 Suite 85210 AZ 480492.3313 APN 304-38-015M SEC. N0:52'41"E 1429.33' WILLIAMSFIELD 155 1/4, Alma S. Mesa, Mesa, Ph: ''E S8926 NE APN 304-49-017M 1201 '55 LINE, N8926 N. www.hubbardengineering.com c:S 2 cc 12 'W HUBBARD ENGINEERING N052'41 65.00' LNO*47'48"W -65.00' S. N.T. P.O.B. EXHIBIT B-1 GENERAL OFFICE LEGAL DESCRIPTION THE NORTH 65.00 FEET OF THE WEST 385.00 FEET OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 36, BEING MARKED BY A BRASS CAP IN HAND HOLE, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 36, BEING MARKED BY A BRASS CAP IN HAND HOLE, BEARS NORTH 89 DEGREES 26 MINUTES SS SECONDS EAST, 2623.91 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 385.00 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 47 MINUTES 48 SECONDS EAST, 65.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF WILLIAMSFIELD ROAD AS RECORDED IN DOCUMENT NUMBER 2013-0843047, M.C.R.; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 89 DEGREES 26 MINUTES 55 SECONDS WEST, 385.00 FEET TO THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 31; THENCE DEPARTING SAID RIGHT OF WAY LINE, AND RUNNING ALONG SAID MID-SECTION LINE NORTH 00 DEGREES 47 MINUTES 48 SECONDS WEST, 65.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 25,025 SQUARE FEET OR 0,5745 ACRES, MORE OR LESS. 41282 ADRIAN M. BURCH/09 °0. 0/0 6/1 6 4.19ned • • Project No.: 16148 Location: Town of Gllbert, Arizona File: General Office Legal Desc. Hubbard Engineering (Mesa, AZ) Page 1 of 1 aborcham@hubbardengineering.com Date 10/6/16 1 of I Sht No. Manager 16148 HAWS CORNER, R6E, BCHH Project J. Project 4). it 41.1 N8926'55"E 2623.91' NE 11S, FND. 0 CO 0 Q. II 36, / 0 CO — SEC. Arizona ANNEXATION EXHIBIT County, • a) (GO) B-2 2238.91' (0. 4.1 ROAD Maricopa OFFICE EXHIBIT WILLIAMSFIELD GENERAL Gilbert, R6E 36 of LENGTH 385.00' 65.00' 385.00' 6500' SEC. Town T1S, RD. 36, TABLE BEARING N89'26'55E S0'47'48"E S89'26'55"W N0'47'48'W N 25 SEC. Rd. School 12000 Suite 88210 AZ 480.892.3313 LINE AP 304-38-015M SEC. WILLIAMSFIEI,0 1/4, Alma Mesa. Ph: S. i NE APN 304-49-017M 1201 LINE L1 L2 L3 L4 LINE, N. www.hubbardergineering.com HUBBARD ENGINEERING L2 L3 L4 VD. BL SOMERTON N.T.S. P.O.B. EXHIBIT C- .1 MULT1-FAMILY MEDIUM LEGAL DESCRIPTION THE SOUTH 65.00 FEET OF THE WEST 572.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 1 SOUTH RANGE 6 EAST OF THE GRA AND SALT RIVER MERIDIAN, MAR1COPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25, BEING MARKED BY A BRASS CAP IN HAND HOLE, FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 25, BEING MARKED BY A BRASS CAP IN HAND HOLE, BEARS NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 2623.91 FEET; THENCE NORTH 00 DEGREES 52 MINUTES 41 SECONDS WEST, ALONG THE NORTH-SOUTH MID- SECTION LINE OF SAID SECTION 25, 65.00 FEET TO THE NORTH RIGHT OF WAY LINE OF WILLIAMSFIELD ROAD AS RECORDED IN DOCUMENT NUMBER 2014-070843, M.C.R.; THENCE DEPARTING SAID NORTH-SOUTH MID-SECTION LINE, AND RUNNING ALONG SAID RIGHT OF WAY LINE, NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 572.01 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 00 DEGREES 52 MINUTES 41 SECONDS EAST, 65.00 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 26 MINUTES SS SECONDS WEST, 572.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 37,181 SQUARE FEET OR 0.8536 ACRES, MORE OR LESS. Project No.: 16148 Location: Town of Gilbert, Arizona File: Multi-Family Medium Desc. Hubbard Engineering (Mesa, AZ) Page 1 of 1 aburcham@hubbardengineering.corn I of Date 113/6/16 I Sht: No, Manager 15148 HAWS / CORNER, R6E, BCHH Project J. '55"E S, Project .0* ct- tt 2623.91 T1 END. J co ° N8926 II•• SE 25, • 0 / 0 0) Arizona SEC. EXHIBIT / ANNEXATION (MF/M) County, 2051.91 C-2 ROAD MEDIUM Maricopa .t EXHIBIT Gilbert, N- °3 CI) "*- C3 cs,1 c" WILLIAMSFIELD MULTI—FAMILY _ cc QC R6E 36 of ▪ . V 00 • ▪ (.3 czE 1, SEC. Town 4.. N Et V) T1S, (.0 25, RD. R. 65.00' SEC. School 12000 85210 480292.3313 Suite AZ 25 7/4, Alma Mesa, Ph: APN 304-38-015M "52'41"E WILLIAMSFIELD S. 1201 SEC. NE APN 304-49-017M 50 LINE, S. www.hubbardengineering.com '55"E N8926 572.01 NO*52'41'W HUBBARD ENGINEERING 65.00' 155V 572.01' S8926 N.T.S. P.O.B. EXHIBIT D-1 SHOPPING CENTER LEGAL DESCRIPTION THAT PORTION OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 36, BEING MARKED BY A BRASS CAP IN HAND HOLE, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 36, BEING MARKED BY A BRASS CAP IN HAND HOLE, BEARS NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 2623.91 FEET; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 385.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 187.01 FEET TO THE EAST LINE OF THE WEST 572.00 FEET OF SAID SOUTHEAST QUARTER; THENCE DEPARTING SAID NORTH LINE, AND RUNNING ALONG SAID EAST LINE, NORTH 00 DEGREES 52 MINUTES 41 SECONDS WEST, 65.00 FEET TO THE NORTH RIGHT OF WAY LINE OF WILLIAMSFIELD ROAD AS RECORDED IN DOCUMENT NUMBER 2014-070843, M.C.R.; THENCE DEPARTING SAID EAST LINE, AND RUNNING ALONG SAID RIGHT OF WAY LINE, NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 857,32 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, NORTH 00 DEGREES 52 MINUTES 41 SECONDS EAST, 5.00 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND ITS EASTERLY PROLONGATION, NORTH 89 DEGREES 26 MINUTES 55 SECONDS EAST, 516.19 FEET TO THE WESTERN LIMITS OF TOWN OF GILBERT ANNEXATION ORDINANCE NUMBER 2128 BEING THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE EASTERLY, WHOSE RADIUS BEARS SOUTH 79 DEGREES 44 MINUTES 31 SECONDS EAST, 1029.78 FEET; THENCE DEPARTING THE EASTERLY PROLONGATION OF SAID RIGHT OF WAY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 07 DEGREES 51 MINUTES 08 SECONDS, A DISTANCE OF 141.13 FEET TO A LINE 70.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID NORTHEAST QUARTER, SAID LINE BEING THE EASTERLY PROLONGATION OF THE SOUTH RIGHT OF WAY LINE OF WILLIAMSFIELD ROAD AS RECORDED IN DOCUMENT NUMBER 2012- 0883096, M.C.R.; THENCE ALONG SAID EASTERLY PROLONGATION AND SAID RIGHT OF WAY LINE, SOUTH 89 DEGREES 26 MINUTES 55 SECONDS WEST, 269.50 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE NORTH 00 DEGREES 33 MINUTES 05 SECONDS WEST, 5.00 FEET; Project No.: 16148 Location: Town of Gilbert, Arizona File: Shopping Center Legal Dem Hubbard Engineering (Mesa, AZ) Page 1 of 2 aburcham@hubbarcfengineering.corn THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 89 DEGREES 26 MINUTES 55 SECONDS WEST, 1273.59 FEET TO THE EAST LINE OF THE WEST 385.00 FEET OF SAID NORTHEAST QUARTER; THENCE DEPARTING SAID RIGHT OF WAY LINE AND RUNNING ALONG SAID EAST LINE, NORTH 00 DEGREES 47 MINUTES 48 SECONDS WEST, 65.00 FEET TO SAID NORTH LINE OF THE NORTHEAST QUARTER AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 193,285 SQUARE FEET OR 4.4372 ACRES, MORE OR LESS. Project No.: 16148 Location: Town of Gilbert, Arizona File: Shopping Center Legal Dose. Hubbard Engineering (Mesa, AZ) Page 2 of 2 aburcham@hubbardengineering.com Date 10/6/16 l oll Sht BEARING No. 16148 Manager HAWS 57944'31"E '55"E CORNER, R6E, BCHH Project Project J. RADIAL 2623.91' 751'08", R=1029.78', L=141.13' T1S, FND. I 4— N8926 689.53' z= NE 36, I I Arizona SEC. 7 ANNEXATION EXHIBIT County, cF2 (SC) 0-2 z(cz \co ROAD Maricopa N8926'55"E 516.19' I CENTER EXHIBIT WILLIAMSFIELD SHOPPING Gilbert, R6E 5.00' of 36 Town 5.00' T1S, N0'33'05"W S8926'55"W SEC. 65.00' 85732' RD. 1273.59' 36, "E SEC. Ad. School 12000 85210 AZ 480492.3313 corn APN 304-38-015M 25 NO'52'41'W N052'41 "E 155 pr.ILLIAkSFIELD 58926'55"W 1/4, Alma S. Suite Mesa, Ph: g n SEC. N8926'55"E 18701' N8926 NE APN 304-49-017M 1201 r e e LINE, gin N. n e d ar HUBBARD ENGINEERING hubb —I 385.00' 65.00' w. NO'47'48"W w w S. T. N.