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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: _020 p 6Qk AvrCatherine A. Templeton, Town Clerk APPROVED AS TO FORM: /Z/f I/ [— 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 Slit COR. R6E IN HOLE No. Manager COUNTY CAP 15107 144111S' 1/4 T1N, HAND Project Project J. S. 32, BRASS 22.01 MARICOPA SEC. R6E '04"E FND. 11 Arizona T1N, S2'29 AREA 140-64-433 NO. 32, RD. ACQUISITION — County, DOG. 2002-0732506 SEC. BASELINE 417.51 CANAL 2 ricopa APN/ 1/4, WAY EXHIBIT Ma SW '02"E 2630.08 539.02' OF CONSOLIDATED bert, LINE, 1286.08' 2"W N8,9'37 RIGHT Gi S. of 55.05' '0 SRP Town 3104' S89`37 58937'02"W 1.50' N.T.S. S253'23"E '02"E S319743'1E Dr. Stapley tS .•2113,47 e 2uita 480.8923313 S. 1E40 mesa , Ph: N89'37 www.hubbardengineering.corn _ "E CZ—t C4 R6E COUNTY t.) N89'37'02 120.30' HUBBARD ENGINEERING N, IN 140-64-403 NO. 2004-1209953 T1 MARICOPA CAP HOLE 'CO C.) lri LC) DOC. COR. 32, APN1 SW SEC. FND. BRASS HAND P.0.13. 53"W Ci34 = NO3'01 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. el] Joh ewis, MayoN._ G114-W nAljn(4g2.4?2t Clia 0 50 100 J .Catherine A. Templeton, Town Clerk Feet