O22-14

City of Glendale — Regular Meeting (2022-02-22)

View PDF Item 19 Meeting page

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ORDINANCE NO. O22-14  
 
AN ORDINANCE OF THE COUNCIL OF THE CITY OF 
GLENDALE, 
MARICOPA 
COUNTY, 
ARIZONA, 
AUTHORIZING THE EXECUTION OF A PRIVATE SEWER 
EASEMENT 
IN 
FAVOR 
OF 
EMPIRE 
RESIDENTIAL 
COMMUNITIES FUND IV, LLC LOCATED AT THE 
NORTHWEST CORNER OF 99TH AVENUE AND DESERT 
RIVER BOULEVARD AND DIRECTING THE CITY CLERK 
TO RECORD A CERTIFIED COPY OF THE ORDINANCE. 
 
 
WHEREAS, Empire Residential Communities Fund IV, LLC (Empire) is the current 
owner and developer of the real property located at the northwest corner of 99th Avenue and 
Desert River Boulevard; and 
 
 
 
WHEREAS, Empire is developing said property as a mixed-use development knows as 
Desert River II; and 
 
 
WHEREAS, to serve the development Empire is constructing a private sewer system 
which must cross the City’s public right-of-way for 100th Avenue at three locations as described 
in Exhibit “A”; and 
 
  
WHEREAS, the City is willing to provide Empire with the sewer easement to protect its 
facilities as attached hereto as Attachment 1.  
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: 
 
SECTION 1. That the City Council hereby authorizes the City Manager to execute the 
private sewer easement, which is attached hereto as Attachment 1, granting the sewer easement 
to Empire Residential Communities Fund IV, LLC. 
 
SECTION 2. That the City Clerk is instructed and authorized to forward a certified copy 
of this Ordinance and private sewer easement for recording to the Maricopa County Recorder’s 
Office.  
   
SECTION 3. That the provisions of this ordinance shall become effective thirty (30) days 
after passage of this ordinance by the Glendale City Council.  
 
 
 
(Signatures on following page)

PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of 
Glendale, Maricopa County, Arizona, this 22nd day of February, 2022. 
 
 
 
                                                 
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