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ORDINANCE NO. 2775
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 1.9171 ACRES OF
GILBERT ROAD RIGHT-OF-WAY, GENERALLY LOCATED
FROM WILLIAMS FIELD ROAD TO FRYE 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 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 and shown on Exhibit A, 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 Exhibit A. 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.
ERTERED
Sit
Ordinance No. 2775
Page 2 of 2
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Ordinance or any part of the Code adopted herein by reference, are hereby repealed.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 IJ. 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 11th day of August, 2020.
AYES: Anderson, Daniels, Koprowski, September, Spence, Taylor, Yentes
NAYES: ABSENT:
EXCUSED: ABSTAINED:
SeAn Daniels, Mayor
ATTEST:
2H ee
Lisa Maxwell, Town Clerk
APPROVED AS TO FORM:
CL. 44.
Christopher W/Payng, Town Attorney
I, LISA MAXWELL, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND
CORRECT COPY OF THE ORDINANCE NO. 2775 _ ADOPTED BY THE COMMON
COUNCIL OF THE TOWN OF GILBERT ON THE 11™ DAY OF AUGUST, 2020 WAS
POSTED IN FOUR PLACES ON THE _12_ DAY OF AUGUST, 2020.
2 Ley
Lisa Maxwell, Town Clerk
The following exhibit is attached hereto and incorporated herein:
Exhibit A - Legal Description & Exhibit
EXHIBIT “A”
GILBERT ROAD ANNEXATION
MARICOPA COUNTY
GILBERT ROAD (WILLIAMSFIELD ROAD — FRYE ROAD)
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36 TOWNSHIP 1 SOUTH, RANGE 5 EAST
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36, BEING MARKED BY A BRASS
CAP IN HANDHOLE, FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 36, BEING
MARKED BY BRASS CAP IN HANDHOLE, BEARS SOUTH 89 DEGREES 53 MINUTES 34 SECONDS
WEST, 2629.03 FEET;
THENCE SOUTH 44 DEGREES 48 MINUTES 25 SECONDS WEST, 46.60 FEET TO THE NORTHWEST
CORNER OF PARCEL 1F AS SHOWN IN ANNEXATION ORDINANCE NO. 2384 AND THE POINT OF
BEGINNING;
THENCE SOUTH 00 DEGREES 16 MINUTES 43 SECONDS EAST, ALONG THE WEST LINE OF SAID
PARCEL 1F, 2609.56 FEET TO THE EAST-WEST MID-SECTION OF SAID SECTION 36;
THENCE DEPARTING SAID WEST LINE, SOUTH 89 DEGREES 43 MINUTES 18 SECONDS WEST, ALONG
SAID EAST-WEST MID-SECTION LINE, 32.00 FEET TO A LINE 65.00 FEET WEST OF AND PARALLEL TO
THE EAST LINE OF SAID NORTHEAST QUARTER;
THENCE DEPARTING SAID EAST-WEST MID-SECTION LINE, NORTH 00 DEGREES 16 MINUTES 43
SECONDS WEST, ALONG SAID PARALLEL LINE, 2609.66 FEET TO THE SOUTH LINE OF PARCEL 1G, AS
SHOWN IN SAID ANNEXATION ORDINANCE;
THENCE NORTH 89 DEGREES 53 MINUTES 34 SECONDS EAST, ALONG SAID SOUTH LINE, 32.00 FEET
TO SAID POINT OF BEGINNING.
SAID PARCEL CONTAINS 83,508 SQUARE FEET, OR 1.9171 ACRES MORE OR LESS.
JEREMY K.
HAWS .
B/27N9 4
ned
Project No.: 19118 Town of Gilbert File: Exhibit A
Hubbard Engineering (Mesa, AZ) Page 1of5 jhaws@hubbardengineering.com
HUBBARD
ENGINEERING
www
1201 S. Alma School Rd.
Suite 12000
Mesa, AZ 85210
Ph: 480.892.3313
»-hubbardengineering.com
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TOWN OF GILBERT
GILBERT ROAD (WILLIAMSFIELD RD. - FRYE RD.)
Town of Gilbert, Maricopa County, Arizona
EXHIBIT "A"
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Project No. Date
19118 06/27/19
Shi: 2 0f5
Project Manager | Project Eng.
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1201 S, Alma School Rd.
GINEERING Ph: 480.092.3319
w.hubbardengineering.com
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Town of Gilbert, Maricopa County, Arizona | J HAWS
1201 S. Alma School Rd.
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Shit: 4 of 5
Project Manager | Project Eng.
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ENGINEERING Ph: 480.892.3313
www.hubbardengineering.com
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Project No. Dat
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GILBERT ROAD (WILLIAMSFIELD RD. — FRYE RD.) smesofs
EXHIBIT "A" Project Manager | Project Eng. ,
Town of Gilbert, Maricopa County, Arizona J. HAWS