O21-64

City of Glendale — Regular Meeting (2021-09-28)

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ORDINANCE NO. O21-64 
 
AN ORDINANCE OF THE COUNCIL OF THE CITY OF 
GLENDALE, 
MARICOPA 
COUNTY, 
ARIZONA, 
AUTHORIZING THE ABANDONMENT OF A PUBLIC 
UTILITY EASEMENT AND PUBLIC RIGHT-OF-WAY AT 
VARIOUS LOCATIONS THROUGHOUT THE CITY AND 
DIRECTING THE CITY CLERK TO RECORD A CERTIFIED 
COPY OF THE ORDINANCE. 
 
WHEREAS, the Glendale City Council took action to accept a possessory interest in 
private property for a public utility easement (PUE) and accepted property for rights-of-way for 
roadway purposes in the locations and dates specified in Exhibit 1; and 
 
WHEREAS, the private property owners are requesting the City abandon its possessory 
interests in portions of certain easements where public utilities were never installed and re-
convey portions of public right-of-way where no roadway improvements were installed; and 
 
WHEREAS, the City has determined it is in the public interest to abandon the portions of 
the PUE and public right-of-way as listed on Exhibit 1 because they are no longer needed for the 
health, welfare and safety of its citizens. 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: 
 
 
SECTION  1.   That the real property interests being abandoned are identified on the 
attached Exhibit 1, Abandonments Table.  
 
 
SECTION  2.    That upon Execution of the Quit Claim Deeds attached to this Ordinance 
as Attachments 1 - 5, the City hereby abandons any interest it may have in the real property as 
described in the corresponding legal descriptions.  Title to the released property shall vest in the 
underlying dominant landowners, as provided by law. 
 
 
SECTION 3. 
 That because the City has determined that it no longer needs an interest 
in these real properties to protect the health, welfare and safety of its citizens, as provided in 
A.R.S. §9-402(E), the City is not receiving payment for such abandonments and re-conveyances 
of the City’s interests in the easements and rights-of-ways to the underlying dominant 
landowners. 
 
 
SECTION 4.   That the Council hereby authorizes and instructs the City Manager to 
execute the Quit Claim deeds provided in Attachments 1 - 5, quitclaiming all right, title and 
interest in the property to the underlying property owners. 
 
SECTION 5.    That the City Clerk is accordingly instructed and authorized to forward a 
certified copy of this ordinance and its attachments for recording to the Maricopa County 
Recorder’s Office.

SECTION 6.   That the provisions of this ordinance shall become effective thirty (30) 
days after passage of this ordinance by the Glendale City Council. 
 
 
 
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of 
Glendale, Maricopa County, Arizona, this 28th day of September, 2021. 
 
 
                                                 
Mayor Jerry P. Weiers 
ATTEST: 
 
                                                         
Julie K. Bower, City Clerk        (SEAL) 
 
APPROVED AS TO FORM: 
 
                                                        
Michael D. Bailey, City Attorney 
 
REVIEWED BY: 
 
                                                        
Kevin R. Phelps, City Manager