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12656.1.3842509.2 ORDINANCE O24-05-03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF EL MIRAGE, ARIZONA, ABANDONING, SUBJECT TO CONDITIONS AND RESERVATIONS, PORTIONS OF CITY RIGHT-OF-WAY THAT ABUT SEGMENTS OF TAX PARCELS 501- 46-854, 501-45-985, 501-45-986, AND 501-45-983B, AND ARE LOCATED WITHIN CITY LIMITS ON WEST BUTLER DRIVE BETWEEN NORTH DYSART ROAD AND NORTH 127TH AVENUE ALIGNMENT, AND ON NORTH 129TH AVENUE BETWEEN WEST BUTLER DRIVE AND WEST NORTHERN PARKWAY; AND DECLARING AN EMERGENCY. WHEREAS, the City may dispose of public roadways or any portions thereof that are no longer necessary for public use pursuant to Arizona Revised Statutes (“A.R.S.”) §§ 28-7201 et seq. and the El Mirage City Code (“Code”) §§ 152.230 et seq.; and WHEREAS, DPML Copperwing, LLC (“DPML”), the owner of Maricopa County Assessor Parcel Numbers (“APN”) 501-45-986 and 501-45-985 (“DPML’s Properties”), applied to the City for the abandonment of certain City rights-of-way that abut DPML’s Properties and APN 501-46-854 (“Microsoft Corporation Property”) and APN 501-45-983B (“DPML Copperwing Landco IV, LLC Property”) (collectively, the “Properties”); and WHEREAS, the rights-of-way under consideration for abandonment are legally described and identified in Exhibits “A”, “B”, and “C” (“Abandonment Roadways”); and WHEREAS, after careful consideration of changed circumstances, and relevant information and reports, including an April 8, 2024 Traffic Impact Study, which found that the magnitude of existing and projected traffic volumes that utilize the Abandonment roadways supports the removal of these roadways, the Council finds, subject to the conditions, requirements, reservations and limitations of this Ordinance, that the Abandonment Roadways are no longer necessary for public use as roadways; and WHEREAS, the Council finds that consideration and other public benefit commensurate with the value of the Abandonment Roadways, after giving due consideration to its degree of fragmentation and marketability, will be provided to the City; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of El Mirage, Arizona, that: Section 1. Abandonment. Subject to the reservations and conditions below, the City’s interests comprising the Abandonment Roadways are hereby abandoned, pursuant to A.R.S. § 28- 7205, with the rights-of-way identified in Exhibit “A” reverting to Microsoft Corporation (APN 501-46-854); Exhibit “B” reverting to DPML (APNs 501-45-986 and 501-45-985); and Exhibit “C” reverting to DPML Copperwing Landco IV, LLC (APN 501-45-983B); or to whomever or whatever entity is the owner of record of each of said parcels at the time the Conditions described below in Section 3 are satisfied. 2 Section 2. Reservations. The City reserves and excludes from this abandonment all utility easements, including those referenced in DPML’s abandonment application, and such other rights and interests, if any, that are required to be reserved by A.R.S. § 28-7210 and A.R.S. § 28- 7215. In regard to the public utility easements located on the south side of Butler Drive and on the east and west side of 129th Avenue (the “Easements to be Abandoned”), as legally described and depicted on Exhibits “D” and “E,” it is the City’s understanding that the Easements to be Abandoned solely provide electrical utilities for streetlights owned and maintained by Arizona Public Service Company (“APS”), and that APS intends to release or abandon all its utilities and streetlights within the Easements to be Abandoned. Therefore, the City’s interests comprising the Easements to be Abandoned are hereby abandoned in accordance with Section 1 above and Section 3 below, subject to final consent to the abandonment from APS pursuant to APS’s May 6, 2024 intent to release letter. Section 3. Conditions and Effective Date. This Ordinance shall not be recorded or become effective until all of the following conditions (the “Conditions”) are satisfied in accordance with all applicable laws, regulations and policies and at no expense to the City: 3.1 DPML or DPML Copperwing Landco IV, LLC has released payment in the sum of $3,279,000 to the City and payment in the sum of $8,000,000 to the Maricopa County Department of Transportation (“MCDOT”), which partnered with the Cities of El Mirage, Glendale, Peoria, the Federal Highway Administration, the Arizona Department of Transportation, and the Maricopa County Association of Governments to fund and construct the Abandonment Roadways. 3.2 Maricopa County has released and extinguished its easements that encumber the Abandonment Roadways and has rescinded any other interests Maricopa County may have in the Abandonment Roadways, including the Road Declaration recorded at Maricopa County Recorder’s Recording Number 2020-0219669. 3.3 DPML and the City have entered into a development agreement addressing certain improvements to the Properties that are necessitated by the abandonment of the roadways. Section 4. Administration of Conditions. As proof of satisfaction of the Conditions set forth in Section 3, the City Manager, or designee, shall execute the certificate at the bottom of this Ordinance once the Conditions have been satisfied or will be satisfied, based on adequate assurances, through the close of escrow. The City Manager (or designee) and the City shall cooperate with an escrow agent who is holding the payments to ensure all payments and releases are made simultaneously with the recording of this Ordinance. If the foregoing Conditions are not all satisfied by September 30, 2024, the City Manager (or designee) shall report the same to the City Clerk and then the City Clerk shall mark this Ordinance to indicate that this Ordinance is void. Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. 3 Section 6. Emergency. Abandonment of the rights-of-way referenced in this Agreement represent a unique and time-sensitive economic development opportunity for the City and its residents. Moreover, the abandonment will significantly reduce population density in the Luke Air Force Base flight path by approximately 90% on DPML’s Properties, as evidenced by the April 8, 2004 Traffic Impact Study, and therefore assure the immediate preservation and advancement of the peace, health, safety and general welfare of the people of the City. Therefore, an emergency is hereby declared to exist, and this Ordinance shall immediately be in full force and effect after it has been passed and approved by the affirmative vote of the Mayor and three-fourths of all the members of the City Council and then certified by the City Manager or her designee, who will confirm the conditions in Section 3 above. If this Ordinance is not approved by the affirmative vote of three-fourths of all the members of the City Council and also approved by the Mayor of the City, the foregoing declaration of an emergency shall be inoperative and this Ordinance shall not become operative until thirty days after its passage. PASSED, ADOPTED, AND APPROVED by the Mayor and Council of the City of El Mirage, Arizona this ____ day of May, 2024. ______________________________ Alexis A. Hermosillo, Mayor ATTEST: Approved as to Form: ______________________________ ______________________________ Sharon Antes, City Clerk Justin Pierce, City Attorney CERTIFICATION OF CITY CLERK STATE OF ARIZONA ) County of Maricopa ) ss. I, the undersigned, Sharon Antes, being the duly appointed, qualified City Clerk of the City of El Mirage, Maricopa County, Arizona, certify that the foregoing Ordinance No. O24-05-03 is a true, correct and accurate copy of Ordinance O24-05-03, passed and adopted at a public meeting of the Council of the City of El Mirage, Maricopa County, Arizona, held on the _____ day of May, 2024, at which a quorum was present and, by a vote of _____ in favor, _____ opposed to said Ordinance. Given under my hand and sealed this ______ day of ____________, 2024. Seal _____________________________ City Clerk 4 CERTIFICATION OF CITY MANAGER OR DESIGNEE STATE OF ARIZONA ) County of Maricopa ) ss. I, the undersigned, ____________________, serving as the City Manager, or the City’s Manager’s designee, for the City of El Mirage, Maricopa County, Arizona, hereby certify and confirm that the Conditions stated in paragraph 3 of the forgoing Ordinance No. O24-05-03 have been fulfilled (or will be fulfilled through the close of escrow) and the Ordinance is ready to be recorded and become immediately effective as of the date of this certification. Given under my hand and sealed this ______ day of ____________, 2024. Seal _____________________________ City Manager or City Manager’s Authorized Designee 5 Abandonment Exhibit A Legal Description for the North Half of the Butler Drive Right-of-Way EXHIBIT A 6 Abandonment Exhibit B Legal Description for the South Half of Butler Drive Right-of-Way and The Full 129th Avenue Right-of-Way EXHIBIT B 7 Abandonment Exhibit C Legal Description for the 60’ of the Butler Drive North 40’ Half-Street Right-of-Way Located Adjacent to APN 501-45-983B EXHIBIT C 8 Abandonment Exhibit D Legal Description for the 8’ Public Utility Easement on the South Side of Butler Drive and the East Side of 129th Avenue Located Adjacent to APN 501-45-985 EXHIBIT D 9 Abandonment Exhibit E Legal Description for the 8’ Public Utility Easement on the South Side of Butler Drive and the West Side of 129th Avenue Located Adjacent to APN 501-45-986 EXHIBIT E