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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 ............. 6.4I46.4 /AV I- J-I- n. 4 11, w" '0' A* Irirds. ,,r115I11 ,r ,* • 4 • • „ 4 4 4 I 4 KXX X X X ilo- -41I- - 44-4.44-414 I 1*** to.V 404 +..,414141.4.4I411444 • 4 4. 4 • • A i• k • • l*r 1. A- • 4 46, A6A6 " -r • 4' + I • • 4. *. 4 MARICOPA COUNTY IZMN57M6 A, A: ,A. , Alh.. , Ah. .4 lir "IF Ipr ,20-71rwi re-Vir 'I, ir 1r -.• 'II 11, 11" ' Ofr •P' I 6,-, i A A4......,„-.,„ ..-4e 40:14 11 .- ii. . . .. NJ p."211' ,• A1 5-06, +,.? 11; Virr 4,...,,".., „--........- t AlA 6 &A A-4111 1 4 4 to, in r I 0 r...1 Pvl Fri r . * , . A' ' ' 40 I. 46. 4 ' ,, • A .6. 4101.... 4 •Alal „iwitAitoloiritimm lik P . 1 Atau 1 rer.1.2kAmy.,,. OCOTILLO RD mik4 . Kszorom A L A . Ai. Ire. ...ak 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