GILBERT ORD 2530.PDF

Maricopa County — Formal (2015-07-22)

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ORDINANCE NO. 2 n
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 0.52 ACRES OF BASELINE
ROAD RIGHT-OF-WAY, GENERALLY LOCATED FROM THE
WESTERN SIDE OF THE CONSOLIDATED CANAL TO
NIELSON STREET, 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, 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 Exhibit 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
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
Office of the County Recorder of Maricopa County, Arizona and sent to the Clerk
of the Maricopa County Board of Supervisors.
Form No, 7.7
Annexation of ROW Ordinance
Revised: March 30,2015

3. Pursuant to A.R.S. Section 9-471(L) the zoning classification for the propert y
shall be Public Facility/Institutional (PF/I), which permits densities and uses no
greater than those permitted b y 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 hereb y 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 b y reference, is for an y 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 30th day of April, 2015.
AYES: L Cook, J. Daniels, J Peterson,
J. Ray, J. Taylor
NAYES: None ABSENT: None
EXCUSED: None ABSTAINED: Non_e
ATTEST:
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AvrCatherine A. Templeton, Town Clerk
APPROVED AS TO FORM:
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L. Michael Hamblin, Town Attorney
Form No 7,7
Annexation of ROW Ordinance
Revised: March 30, 2015

I, CATHERINE A. TEMPLETON, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE
AND CORRECT COPY OF THE ORDINANCE NO. 2 c_3 0 ADOPTED BY THE
COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 30 th DAY OF APRIL, 2015,
WAS POSTED IN FOUR PLACES ON THE 3 0 t h DAY OF MAY, 2015.
Ad 1, • Tow', ClizAL
atherine A. Templeton, Town Clerk
The following exhibits are attached hereto and incorporated herein:
1. Exhibit 1 - Legal Description
2. Exhibit 2 - Map
Form No, 73
Annexation of ROW Ordinance
Revised: March 30, 2015

EXHIBIT 1
RIGHT-OF-WAY ACQUISITION AT
SRP CONSOLIDATED CANAL & BASELINE ROAD
AREA #1
TOWN of GILBERT
ANNEXATION
ORD # 2530
Those portions of the Southwest quarter of Section 32, Township 1 North, Range 6 East
and the Northwest quarter of Section 5, Township 1 South, Range 6 East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona;
COMMENCING at the Southwest corner of said Section 32, being marked by a
Maricopa County brass cap in Hand hole, from which the South quarter corner of said
Section 32, being marked by a Maricopa brass cap in hand hole, bears North 89 degrees
37 minutes 02 seconds East, 2630.08 feet;
Thence along the South line of said Southwest quarter, North 89 degrees 37 minutes 02
seconds East, 1222.34 feet to the POINT OF BEGINNING;
Thence departing said South line, North 03 degrees 01 minutes 53 seconds West, 55.06
feet to a line 55.00 North of and parallel with said South line;
Thence miming along said parallel line, North 89 degrees 37 minutes 02 seconds East,
120.30 feet;
Thence departing said parallel line, South 02 degrees 53 minutes 23 seconds East, 55.05
feet to said South line;
Thence along said South line, North 89 degrees 37 minutes 02 seconds East, 1.50 feet;
Thence departing said South line, South 03 degrees 07 minutes 43 seconds East, 33.04
feet to a line 33.00 feet South of and parallel with said South line;
Thence North 89 degrees 37 minutes 02 seconds East, 417.51 feet;
Thence departing said parallel line, South 02 degrees 29 minutes 04 seconds East, 22.01
feet to a line 55.00 feet South of and parallel with said South line;
Thence along said parallel line South 89 degrees 37 minutes 02 seconds West, 539.02
feet;

Thence departing said parallel line, North 03 degrees 01 minutes 53 seconds West, 55.06
feet to the POINT OF BEGINNING.
Said parcel contains 22,489 square feet or 0.5163 Acres, more or less.

Date 2/6/15 loll
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ANNEXATION A15-03
SRP CONSOLIDATED CANAL AND BASELINE ROAD
Portions of the Northwest quarter of Section 5, TI 5, R6E and of the Southwest quarter of Section 32, T15, R6E 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. 2530 , annexing the territory described in Ordinance No.15,30 and as shown on
said map asRart of the Q.r.perate limits of the Town of Gilbert, Arizona.
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.Catherine A. Templeton, Town Clerk Feet