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ORDINANCE NO. 2460 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 ANNEXING CERTAIN COUNTY RIGHTS-OF-WAY CONSISTING OF APPROXIMATELY 3.16 ACRES OF POWER ROAD RIGHT-OF-WAY, GENERALLY LOCATED FROM STATE ROUTE 202 TO NUNNELLEY 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, the entire length of which is adjacent to a town, may be annexed to the town by mutual consent of the governing bodies of the county and town; WHEREAS, the property to be annexed is a county right-of-way with no taxable real property and is adjacent to Gilbert for the entire length of the annexation; and WHEREAS, Gilbert consents to and approves of the proposed annexation contingent upon the county's consent to and approval of the proposed annexation 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 A, attached hereto, the entire length of which is adjacent to the corporate limits of the Town of Gilbert, shall be annexed 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 B. 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 annexed 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. Ordinance No. 2460 Page 2 of 3 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 21 st day of November, 2013. NVES:coOK, COOPER, DANIELS, LEWIS, PETERSEN, RAY, TAYLOR NAYES: NONE ABSENT: NONE EXCUSED: NONE ABSTAINED: NONE "atherinc A. Templeton, Tforwn Clerk APPROVED AS TO FORM: j4Whif L. Michael Hamblin, Town Attorney File: 0578-022-0002-0000; Desc: Power Road - Santan Fwy to Nunnelly Annex Ord 11-07-13; Doc#: 176395v1 Ordinance No. 2460 Page 3 of 3 I, CATHERINE A. TEMPLETON, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2460 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 21ST DAY OF NOVEMBER, 2013, WAS POSTED IN FOUR PLACES ON THE 2 7 th DAY OF NOVEMBER , 2013. Catherine A. Temp kiwi. Town Clerk The following exhibits are attached hereto and incorporated herein: 1. Exhibit A - Legal Description 2. Exhibit B - Map File: 0578-022-0002-0000; Dese: Power Road - Suntan Fwy to Nurinelly Annex Ord 11-07-13; Dock: 176395v1 Exhibit A Legal Description File: 0578-022-0002-0000; Desc: Gilbert Rd - Pecos to Wms Field ROW Annexation Ordinance 11-11-11; Doc#: 109612v1 EXHIBIT A - LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 6 EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 24, BEING A TOWN OF GILBERT BRASS CAP IN A HANDHOLE, FROM WHICH THE NORTHEAST CORNER THEREOF, BEING A MARICOPA COUNTY HIGHWAY DEPARTMENT BRASS CAP IN A HANDHOLE, BEARS NORTH 01°05'51" WEST, A DISTANCE OF 2628.48 FEET; THENCE NORTH 01°05'51" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24, A DISTANCE OF 385.67 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88°54'09" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 40.00 FEET TO A POINT ON A LINE THAT IS 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 01°05'51" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 928.80 FEET; THENCE SOUTH 89°14'07" WEST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 10.00 FEET TO A POINT ON A LINE BEING 50.00 FEET WEST OF AND PARALLEL WITH SAID EAST LINE; THENCE NORTH 01°05'51" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 470.47 FEET; THENCE NORTH 88°54'09" EAST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 50.00 FEET TO A POINT ON SAID EAST LINE; THENCE SOUTH 01°05'51" EAST, ALONG SAID EAST LINE, A DISTANCE OF 1399.33 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF LAND BEING A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 7 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 19, BEING A TOWN OF GILBERT BRASS CAP IN A HANDHOLE, FROM WHICH THE NORTHWEST CORNER THEREOF, BEING A MARICOPA COUNTY HIGHWAY DEPARTMENT BRASS CAP IN A HANDHOLE, BEARS NORTH 01°05'51" WEST, A DISTANCE OF 2628.48 FEET; THENCE NORTH 01°05'51" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19, A DISTANCE OF 385.67 FEET TO THE POINT OF BEGINNING; ANNEXATION NUMBER A13-03 POWER ROAD BETVVEEN SR202 AND NUNNELLEY ROAD THENCE CONTINUING NORTH 01°05'51" WEST, ALONG SAID WEST LINE, A DISTANCE OF 1399.33 FEET; THENCE NORTH 88°54'09" EAST, DEPARTING SAID WEST LINE, A DISTANCE OF 55.00 FEET TO A POINT ON A LINE BEING 55.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 19; THENCE SOUTH 01°05'51" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 1399.33 FEET; THENCE SOUTH 88°54'09" WEST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 137,641 SQUARE FEET OR 3.1598 ACRES, MORE OR LESS. ANNEXATION NUMBER A13-03 POWER ROAD BETWEEN SR202 AND NUNNELLEY ROAD Exhibit B Map File: 0578-022-0002-0000; Desc: Gilbert Rd - Pecos to Wms Field ROW Annexation Ordinance 11-11-11; Doc#: 109612v1 ANNEXATION A13-03 NORTH OF THE INTERSECTION OF POWER RD AND THE SANTAN FRINY MARICOPA COUNTY • DETA1L , 1 TOWN OF GILBERT POINT OF BEGINNING/ EAST QUARTER CORNER SECTION 24, T1S, R6E . 4,40 MARICOPA COUNTY /or I Ah, IMr.I .I A SANTAN FRWY A portion of the south half of the northeast quarter of Section 24, TI S, 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. 2460 , annexing the territory described in Ordinance No. 2460 and as shown on said map as_part oft,tie-serpro-rat limits of the Town of Gilbert, Arizona. GILBERT' 0 , 200 400 Catherine A. empleton, Towil Clerk Feet RD POWER V ,,.=,,,,====.=1.1m.=.••=w=l'iwE •P• llr LINE 24 EAST SECTION