O22-22

ORDINANCE NO.  O22-22 
  
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, 
MARICOPA  COUNTY,  
ARIZONA, 
AUTHORIZING 
THE 
ABANDONMENT OF PUBLIC RIGHT-OF-WAY ON 87TH AVENUE 
SOUTH OF NORTHERN AVENUE, CONVEYING THE SAME TO K. 
HOVNANIAN AT PALERMO, LLC AND DIRECTING THE CITY 
CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE.   
  
WHEREAS, on October 22, 2002, the Glendale City Council took action to accept right-
of-way on the Final Plat for Rovey Farm Estates North (FP02-05) in the 87th Avenue alignment 
directly south of Northern Avenue as described on attached Exhibit A; and  
 
WHEREAS, K. Hovnanian at Palermo, LLC has requested abandonment of the public 
right-of-way so that the area may be incorporated into the Palermo Planned Residential 
Development as a private roadway; and  
 
WHEREAS, the City has determined the right-of-way is no longer necessary for public use 
since 87th Avenue at this location only benefits the Palermo subdivision; and  
 
WHEREAS, the City will retain an easement over the abandoned roadway for ingress and 
egress, for refuse collection, for public utilities, for emergency vehicles and service type vehicles.   
  
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE as follows:  
  
SECTION 1.    As provided in Attachment 1, the City hereby abandons any interest it may 
have in the real property as described in Exhibit A and conveys it to K. Hovnanian at Palermo, 
LLC. K. Hovnanian at Palermo acknowledges that upon legal establishment of the Palermo 
Homeowners Association (HOA), it will transfer the property to the HOA once the statutory 
requirements of A.R.S. 28-7206 are met.  Should the HOA fail to meet the requirements, the 
property will revert to the City for public use. 
 
SECTION 2.  Notwithstanding the conveyance of the real property to the third party, the 
City reserves an easement for ingress and egress, for refuse collection, for public utilities, for 
emergency vehicles and service type vehicles.  
  
SECTION 3.   The Council hereby authorizes and instructs the City Manager to execute 
the Quit Claim Deed included in Attachment 1, granting and conveying the public right-of-way to 
K. Hovnanian at Palermo, LLC.  
  
SECTION 4. 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.

PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of 
Glendale, Maricopa County, Arizona, this 12th day of April, 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