GILBERT_2546 ORDINANACE.PDF

Maricopa County — Formal (2015-10-21)

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ORDINANCE NO. 2546
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 1.23 ACRES OF 154"
STREET RIGHT-OF-WAY, GENERALLY LOCATED BETWEEN
APPLEBY ROAD TO OCOTILLO ROAD, 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 transfetTed 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, BE IT ORDAINED by the Common Council of the Town
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 Exhibits hA and 111, 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 Exhibits 2A and 28. 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 tiled and recorded in the
Form No. 7.7
Annexation or ROW Ordinance
Revised: March 30, 2015

Office of the County Recorder of Marieopa 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 Single Family-43 (SF-43), which permits densities and uses no greater
than those permitted by the county immediately before the annexation.
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.
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 30 d1 day of July, 2015.
AYES: E Cook, J Daniels, J Lewis, V Petersen, a Pet-on, J Ray,
J Taylor
NAYES: none ABSENT: _none.
EXCUSED: none ABSTAINED:
John ewis, Mayo
A,T 1E4T: ,
Catherine A. Templetonifown Clerk
APPROVED AS TO FORM:
4011P,
L. M I I""ti Attorney
Form No. 7.7
Annexation of ROW Ordinance
Revised: Much 30. 2015

I, CATHERINE A. TEMPLETON, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE
AND CORRECT COPY OF THE ORDINANCE NO. 25 4 6 ADOPTED BY THE
COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 30 th DAY OF JULY, 2015,
WAS POSTED IN FOUR PLACES ON THE 6th DAY OF An , 201 5
Catherine A. Templeton, wn Clerk
The following exhibits are attached hereto and incorporated herein:
1. Exhibits lA and IB - Legal Descriptions
2. Exhibits 2A and 2B - Maps
Form No. 7.7
Annexation or ROW Ordinance
Revised: March 30, 2015

EXHIBIT 'IA
OCOTILLO ROAD TO SOUTH LINE OF ANNEXATION A06-57
THAT PORTION OF THE WEST 33 FEET OF THE LAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16, BEING MARKED BY A
BRASS IN HAND HOLE FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION
16, BEING MARKED BY AN ALUMINUM CAP BEARS NORTH 88 DEGREES 47 MINUTES 01
SECONDS EAST, 2671.29 FEET;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER NORTH 88 DEGREES
47 MINUTES 01 SECONDS EAST, 1335.64 FEET TO THE SOUTHWEST CORNER OF THE
EAST HALF OF SAID SOUTHWEST QUARTER;
THENCE DEPARTING SAID SOUTH LINE AND RUNNING ALONG THE WEST LINE OF SAID
EAST HALF NORTH 00 DEGREES 07 MINUTES 59 SECONDS EAST, 53.01 FEET TO A LINE
53.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE, SAID PARALLEL LINE
BEING THE NORTH RIGHT OF WAY LINE OF OCOTILLO ROAD, AND THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE NORTH 00 DEGREES 07 MINUTES 59
SECONDS EAST, 618.16 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE DEPARTING SAID WEST LINE AND RUNNING ALONG SAID SOUTH LINE NORTH 88
DEGREES 55 MINUTES 04 SECONDS EAST, 33.01 FEET TO A LINE 33.00 FEET EAST OF
AND PARALLEL WITH SAID WEST LINE;
THENCE DEPARTING SAID SOUTH LINE AND RUNNING ALONG SAID PARALLEL LINE
SOUTH 00 DEGREES 07 MINUTES 59 SECONDS WEST, 618.08 FEET TO SAID OCOTILLO
ROAD RIGHT OF WAY LINE;
THENCE DEPARTING SAID PARALLEL LINE, AND RUNNING ALONG SAID RIGHT OF WAY
LINE SOUTH 88 DEGREES 47 MINUTES 01 SECONDS WEST, 33.01 FEET TO THE POINT OF
BEGINNING,
SAID PARCEL CONTAINS 20,398 SQUARE FEET, OR 0.4683 ACRES, MORE OR LESS.
Project No.: 15131 Town of Gilbert File: Exhibit A
Hubbard Engineering (Mesa, AZ) Page 1 of 1 jhaws@hubbardengineering.com

EXHIBIT 1B
APPLEBY ROAD TO NORTH LINE OF ANNEXATION A06-57
THAT PORTION OF THE WEST 33 FEET OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 6 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 16, BEING MARKED BY
A BRASS CAP FLUSH FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION
16, BEING MARKED BY A 1/2" REBAR BEARS NORTH 89 DEGREES 19 MINUTES 17
SECONDS EAST, 2666,65 FEET;
THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER NORTH 89 DEGREES
19 MINUTES 17 SECONDS EAST, 1333.32 FEET TO THE NORTHWEST CORNER OF THE
EAST HALF OF SAID SOUTHWEST QUARTER AND THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 89 DEGREES 19 MINUTES 17
SECONDS EAST, 33.00 FEET TO A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID EAST HALF;
THENCE DEPARTING SAID NORTH LINE AND RUNNING ALONG SAID PARALLEL LINE
SOUTH 00 DEGREES 07 MINUTES 59 SECONDS WEST, 1006.64 FEET TO THE EASTERLY
PROLONGATION OF THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER;
THENCE DEPARTING SAID PARALLEL LINE AND RUNNING ALONG SAID EASTERLY
PROLONGATION OF SAID NORTH LINE SOUTH 89 DEGREES 07 MINUTES 10 SECONDS
WEST, 33.01 FEET TO THE WEST LINE OF SAID EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE DEPARTING SAID EASTERLY PROLONGATION AND RUNNING ALONG SAID WEST
LINE NORTH 00 DEGREES 07 MINUTES 59 SECONDS EAST, 1006.76 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 33,221 SQUARE FEET, OR 0.7626 ACRES, MORE OR LESS.
Project No.: 15131 Town of Gilbert File: Exhibit A
Hubbard Engineering (Mesa, AZ) Page 1 of 1 jhaws©hubbardengineering.com

HUBBARD 1201 S. Alma Saila Schaal 12000 Rd.
Mesa, AZ 85210
ENGINEERING Ph: 480.802,3213
w w w.hubb a r d eng In e e ring .c orn
ti)
APPLEBY ROAD
C. 1/4 CUR., 1
W 1/4 CUR., SEC. 16, T25, R6E, —
SEC. 16, T2S, R6E, NW CUR, END. 1/2" 1?EBAR
ENO, 8CF E. 1/2, SW 1/4
N. LINE S. 719.50'
W 1/2, SE 1/4,
N8855 '04"E SW 1/4
S. LINE N. 1/2, 33.01'
SW 1/4, SW 1/4 ---\\
33' INGRESS/EGRESS ESMT
DKT. 10585 PG. 395
APN# APN#
304-71-066 304-71-100K
op
APN# 06
304-71-062B
N.T.S.
APN#
APN# 304-71-100A
304-71-061H
(f)
33' INGRESS/EGRESS ESMT APN#
OKT 10585 PG. 395 304-71-100N
5'8847'01"W 33.01 SW. CUR.,
P.O.B. E. 1/2, SW 1/4
S. LINE SW 1/4 N0'07'59"E 53.01'
1335.64'
N8847'01 "E 2671.29'
OCOTILLO ROAD s 1/4 COP.,
SW. CUR., SEC. 16, T2S, R6E,
SEC. 16, T2S, R6E, ENO. ACP
END. BCHH
154111 ST RA ANNEXATION Project No. Date gRe
r51J1 7/6/15
OCOTILLO RD — ANNEXATION A06-57 , 111 Sh1: I of 1
EXHIBIT 2A Project Manager (Project Eng.
Town of Gilbert, Maricopa County, Arizona J. HAWS

HUBBARD 1201 S. Alma Suite School 12000 R.
Mesa, AZ 85210
ENGINEERING Ph: 460.882.3313
www.hubbardengineefing.corn
P.O.6.
N. LINE SW 1/4
N89'19 ' 171'E / 2666.65 '
1333.32 ' APPLEBY ROAD 131•53'
35. 00 '
W. 1/4 CUR.,
SEC. 16, T2S, R6E, NW CUR.,
FND. BCE E 1/2, SW 1/4
33 ' INGREWEGRESS ESMT
DKT 10585 PG. 595
APN#
304-71-111H
WEINBERG
ELEMENTARY
SCHOOL tt:11
(r/ 6 46
N
APN#
APN# F) 304-71-111E
N.T.S. 304-71-093B
APN#
APN# 304-71-059G
304-71-093C
INGRESS/EGRESS ESUT APN#
DKT 10585 Pa 395 304-71-059F
APN# _S89'07 ' 10 ''W
N. LINE S. 1/2, S. 1/2, 304-71-094 33.01 '
NW 1/4, SW 1/4
SW. COR.,
E 1/2, SW 1/4
154TH ST R/W ANNEXATION
APPLEBY RD — ANNEXATION A06-57
EXHIBIT 2B
Town of Gilbert, Marieopa County, Arizona

FIGURE 1
ANNEXATION A15-06
154TH ST BETWEEN APPLEBY RD AND OCOTILLO RD
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MARICOPA
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Portions of the Southwest quarter of Section 16, T2S, R6E and of of the Gila and Salt River Base and Meridian Maricopa
County, Arizona.
I, John W. Lewis, Mayor of the Town of Gilbert, Arizona do hereby certify the foregoing map is a true and correct
map of the territory annexed under and by the virtue of the petition of the real and personal property owners in the said
territory and by Ordinance No.25-1-4b,, annexing the territory described in Ordinance Notai-ito and as shown on
said map as part of e r-por-ate limits of the Town of Gilbert, Arizona.
ew!,s, Mayo GI L.13F.p."
250 500
athdrine A. pleton, To n Clerk ? Feet