TOWN OF GILBERT ORD 2875 - REV2.PDF
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ORDINANCE NO. 2875 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 0.9041 ACRES OF SOUTH 148th STREET RIGHT-OF-WAY, GENERALLY LOCATED FROM EAST APPLEBY ROAD TO EAST SPUR 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(O); 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(O); and contingent upon approval by the Maricopa County Board of Supervisors, the County right-of-way legally described in 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 described in 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. Project No.: 23125 Location: Town of Gilbert File: Right-of-Way Annex Description Hubbard Engineering (Mesa, AZ) Page 1 of 1 aburcham@hubbardengineering.com EXHIBIT “A” RIGHT-OF-WAY ANNEXATION DESCRIPTION THAT PORTION 148TH STREET RIGHT-OF-WAY, AS SHOWN IN “148TH STREET”, A MAP OF DEDICATION, RECORDED IN BOOK 1596, PAGE 16, MARICOPA COUNTY RECORDS, (M.C.R.), LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 17, BEING MARKED BY A BRASS CAP FLUSH, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 17, BEING MARKED BY A BRASS CAP FLUSH BEARS SOUTH 00 DEGREES 08 MINUTES 25 SECONDS EAST, 2633.16 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 47 SECONDS EAST, ALONG THE EAST-WEST MID- SECTION LINE OF SAID SECTION 17, 2631.08 FEET TO THE CENTER OF SECTION OF SAID SECTION 17; THENCE DEPARTING SAID EAST-WEST MID-SECTION LINE, SOUTH 00 DEGREES 02 MINUTES 50 SECONDS EAST, ALONG THE NORTH-SOUTH MID-SECTION LINE OF SAID SECTION 17, 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH-SOUTH MID-SECTION LINE, SOUTH 00 DEGREES 02 MINUTES 50 SECONDS EAST, 1312.81 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE DEPARTING SAID NORTH-SOUTH MID-SECTION LINE, NORTH 89 DEGREES 21 MINUTES 33 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17, 30.00 FEET TO A LINE 30.00 FEET WEST OF AND PARALLEL TO SAID NORTH-SOUTH MID-SECTION LINE; THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 02 MINUTES 50 SECONDS WEST, ALONG SAID PARALLEL LINE, 1312.63 FEET; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 89 DEGREES 42 MINUTES 47 SECONDS EAST, 30.00 FEET TO SAID POINT OF BEGINNING. SAID PARCEL CONTAINS 39,382 SQUARE FEET OR 0.9041 ACRES, MORE OR LESS. 4 / 1 7 / 2 3 w w w . h u b b a r d e n g i n e e r i n g . c o m 1201 S. Alma School Rd. Suite 12000 Mesa, AZ 85210 Ph: 480.892.3313 Sht: 1 of 1 4 / 1 7 / 2 3 VERNON GEORGE AND JEAN MADELINE SCHNECK FAMILY TRUST APN: 304-72-045G JACK SHELTON MILLER FAMILY TRUST APN: 304-72-045J