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ORDINANCE NO. 2529 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 2.95 ACRES OF HIGLEY ROAD RIGHT-OF-WAY, GENERALLY LOCATED FROM WARNER ROAD TO STETE ROUTE 202, 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. 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 property shall be Residential > 0 - 1 DU/Acre (SF-43), which permits densities and uses no greater than those permitted by the county immediately before the annexation. Section 11. 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 14th day of April, 2015. AYES: E.Cook, J.D Pri R PP ;_cmQ J.Ray, J.Taylor NAYES: None ABSENT: None EXCUSED: None ABSTAINED: None F Jo . Lewis, May ATTEST or ' L W" Catherine A. Templeton, To Clerk APPROVED AS TO FORM: L--: L. iOliael 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, 2529 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 14th DAY OF APRIL, 2015, WAS POSTED IN FOUR PLACES ON THE 16 DAY OF Aprl 1 , 2015. The following exhibits are attached hereto and incorporated herein: 1. Exhibit 1 - Legal Description 2. Exhibit 2 - Map Form No. 7.7 Annexation of ROW Ordinance Revised: March 30, 2015 EXHIBIT 1 HIGLEY ROAD ANNEXATION THOSE PORTIONS OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 6 EAST AND THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 1 SOUTH, 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA; COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23, BEING MARKED BY A MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION BRASS CAP IN HAND HOLE, FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION 23, BEING MARKED BY A NAIL IN PIPE, BEARS NORTH 89 DEGREES 25 MINUTES 04 SECONDS EAST, 2611.43 FEET; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, NORTH 00 DEGREES 26 MINUTES 42 SECONDS WEST, 311.30 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE, SOUTH 89 DEGREES 33 MINUTES 23 SECONDS WEST, 103.00 FEET; THENCE NORTH 16 DEGREES 05 MINUTES 37 SECONDS EAST, 210.99 FEET; THENCE NORTH 00 DEGREES 59 DEGREES 13 SECONDS EAST, 397.74 FEET TO A LINE PARALLEL WITH AND 33.00 FEET WEST OF SAID WEST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG SAID PARALLEL LINE, NORTH 00 DEGREES 26 MINUTES 42 SECONDS WEST, 541.04 FEET TO THE NORTH LINE OF THE SOUTH 135.38 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE DEPARTING SAID PARALLEL LINE AND RUNNING ALONG THE EASTERLY PROLONGATION OF SAID NORTH LINE, NORTH 89 DEGREES 24 MINUTES 49 SECONDS EAST, 33.00 FEET TO SAID WEST LINE; THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 26 MINUTES 42 SECONDS WEST, 1181.53 FEET TO THE NORTHWEST CORNER OF SAID SECTION 23; THENCE DEPARTING SAID WEST LINE, AND RUNNING ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, NORTH 89 DEGREES 28 MINUTES 21 SECONDS EAST, 33.00 FEET TO A LINE 33.00 EAST OF AND PARALLEL WITH SAID WEST LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 00 DEGREES 26 MINUTES 42 SECONDS EAST, 1752.70 FEET; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 01 DEGREES 52 MINUTES 38 SECONDS EAST, 570.06 FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 23 SECONDS WEST, 47.25 FEET TO SAID WEST LINE AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 128,416 SQUARE FEET OR 2.9480 ACRES MORE OR LESS. Project No,: 15113 - Town of Gilbert File: Higley Rd. Annexation Hubbard Engineering (Mesa, AZ) Page 1 of 1 aburcham@hubbardengineering.com HUBBARD 1840 S. Stapley Suite 137 Dr, ENGINEERING Ph: Mesa, 480.892,3313 AZ 85204 www.hubbardengineering,com SEE LOWER RIGHT sMINO1 I Orli 1111.1MM N8928'21"E N8924'49"E NE CORNER, 33.00' SEC. 22, T1S, R6E, 33.00' MCDOT BRASS CAP N. LINE, NW 1/4, Eco IN HAND HOLE SEC. 23, T1 S, R6E 33' WARNER RD. N. LINE, S. 135.38' NW CORNER, NE 1/4, APN# SEC. 23, T1S, R6E, NE 1/4, 304-28-017A MCDOT BRASS CAP SEC. 22, IN HAND HOLE T1S, R6E, 33' 33' 0 It z 8 Lc-) N- <" C 14/ '42 26 -N0 N16'05'37"E APN# 304-28-017N 210.99' °SEE UPPER LEFTS C. 1/4 CORNER, S893323'W SEC. 23, T1S, R6E, 103.00' NAIL IN PIPE P.O.B. S8933 '23"W N0'26'4214/ 311.30' YI8925 04"E 2611.43' E. 1/4 CORNER, W 1/4 CORNER, SEC. 22, T1S, R6E, SEC. 23, T1S, R6E, MCDOT BRASS CAP MCDOT BRASS CAP N. T.S. IN HAND HOLE IN HAND HOLE ANNEXATION EXHIBIT Project 15113 Na. 03/26/15 Date E HIGLEY ROAD lE Shk lol l EXHIBIT 2 Project Manager Project Eng. J. HAWS Town of Gilbert, Maricopa County, Arizona