O23-15

ORDINANCE NO. O23-15 
 
AN ORDINANCE OF THE COUNCIL OF THE CITY OF 
GLENDALE, 
MARICOPA 
COUNTY, 
ARIZONA, 
AUTHORIZING 
THE 
ABANDONMENT 
OF 
CERTAIN 
RIGHTS-OF-WAY AND EASEMENTS IN THE CITY OF 
GLENDALE AND DIRECTING THE CITY CLERK TO 
RECORD A CERTIFIED COPY OF THIS ORDINANCE. 
 
WHEREAS, the Glendale City Council previously accepted rights-of-way for roadway 
purposes and water and sewer easements on private property located at two locations within the 
City on the dates specified in Exhibit 1; and 
 
WHEREAS, the City has determined that the roadway located at 4902 West Glenn Drive 
will not require the current width of the rights-of-way; and  
 
WHEREAS, subsequent development associated with 9345 West Glendale Avenue has 
caused water and sewer lines to be removed or relocated; and 
 
WHEREAS, because the infrastructure needs associated with these properties have 
changed over time, the private property owners are requesting the City abandon the portions of 
the rights-of-way and easements and that they be returned to their ownership; and 
 
WHEREAS, the City has determined it is in the public interest to abandon the portions of 
the rights-of-way and easements 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 identified on the attached Exhibit 1, 
Abandonments Table, shall be abandoned.  
 
 
SECTION  2.    That upon execution of the Quit Claim Deeds attached to this Ordinance 
as Attachments 1 and 2, the City hereby abandons any interest it may have in this real property.  
Title to said property shall vest in the underlying landowners, as provided by law. 
 
 
SECTION 3. 
 That 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). Because the City no longer needs such portions of these rights-of-way and easements, 
the abandoned property is being reconveyed without receiving payment. 
 
 
SECTION 4.   That the Council hereby authorizes and instructs the City Manager to 
execute the Quit Claim deeds provided in Attachments 1 and 2, and any other documents 
necessary to reconvey title to the property owners identified in Exhibit 1.

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 23rd day of May, 2023. 
 
 
 
                                                 
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

EXHIBIT 1 
ABANDONMENTS TABLE FOR ORDINANCE NO. O23-15 
 
ATTACHMENT 
NO. 
 
1 
 
Grantee Name 
MHMP ARIZONA HOUSING, LLC 
Development/Project 
MERCY HOUSING 
Location 
4902 West Glenn Drive 
Purpose 
Right-of-Way Abandonment 
Conveyance Document 
Quit Claim  
Originating Document 
Docket 6245 Page 310, 10/31/1968 
 
2 
Grantee Name 
YAM WESTGATE, LLC 
Development/Project 
BRUSTERS REAL ICE CREAM 
Location 
9345 West Glendale Avenue 
Purpose 
Water and Sewer Abandonment 
Conveyance Document 
Quit Claim 
Originating Document 
2018-0077051, 1/31/2018