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ORDINANCE NO. 5040
AN ORDINANCE OF THE CITY OF CHANDLER, ARIZONA DECLARING
CERTAIN REAL PROPERTY AS NO LONGER NECESSARY FOR USE AS A
PUBLIC ROADWAY; AND VACATING A PORTION OF THE SOUTH SIDE OF
WILLIS ROAD BETWEEN MCQUEEN ROAD AND HAMILTON STREET TO
THE ABUTTING PROPERTY OWNER; AND AUTHORIZING THE
EXECUTION OF ALL DOCUMENTS NECESSARY TO COMPLETE THE
ABANDONMENT.
WHEREAS, A.R.S. § 28-7201 ef seq., provides for the disposition of unnecessary public roadways;
and
WHEREAS, A.R.S. § 28-7205 specifically provides for the vacating of unnecessary public roadway
so as to allow title to vest according to law; and
WHEREAS, pursuant to a development agreement approved by the Chandler City Council at its
December 6, 2021 meeting, the City agreed to vacate and abandon a portion of the south side of
Willis Road between McQueen Road and Hamilton Street to the abutting property owner; and,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, as
follows:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
That the certain portion of the south side of Willis Road between McQueen Road
and Hamilton Street as more particularly described in Exhibit “A”, attached hereto
and incorporated herein by reference (the “Roadway”), is determined to be no longer
necessary for public use as roadway, and has no public use or no market value.
The Roadway is hereby declared abandoned and vacated, so that title to the Roadway
will vest, subject to the same encumbrances, liens, limitations, restrictions and
estates as exist on the land to which it accrues, in accordance with law.
The vacating of the Roadway is not intended to vacate or extinguish any rights-of-
way or easements for existing water, sewer, gas or similar pipelines and
appurtenances, and for canals, laterals ditches and appurtenances, and for electric,
telephone and similar lines and appurtenances, and the same, if there are any, will
continue as they existed prior to this vacating of the Roadway.
The action taken herein to vacate the Roadway is done solely to dispose of the City’s
interest, if any, in the Roadway, subject to the terms and conditions stated in this
Ordinance, and the City of Chandler does not warrant, either expressly or by
implication, that it holds title or any other interest in the Roadway.
The Mayor of the City of Chandler, Arizona, is hereby authorized to sign, on behalf
of the City, all documents required and necessary to complete the abandonment and
vacation of the Roadway, including this Ordinance and the vacation plat.
Ordinance No. 5040
Page 2
Section 6. The City Clerk is directed to cause this Ordinance No. 5040 to be recorded in the
Office of the Maricopa County Recorder after the effective date of this Ordinance.
The vacation of the Roadway shall take effect upon recordation of this Ordinance
No. 5040.
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler,
Arizona, this day of 202...
ATTEST:
CITY CLERK MAYOR
PASSED AND ADOPTED by he s Council of the City of Chandler, Arizona, this ___— day of
ATTEST:
CITY CLERK MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5040 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
day of , 2022, and that a quorum was present thereat.
CITY CLERK
APPROVED AS TO FORM
CITY ATTORNEY
pia
Published in the Arizona Republic on:
EXHIBIT “A”
(Legal Description and Drawing)
Bowman
CONSULTING
PAGE 10F 1
October 12, 2022
Project # 050864-01-001
LEGAL DESCRIPTION
RIGHT-OF-WAY ABANDONMENT
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 3, FROM WHICH POINT THE SOUTHEAST
CORNER OF SAID SECTION 3, BEING MARKED BY A BRASS CAP IN HAND HOLE, BEARS SOUTH 00°17’37” EAST
(BASIS OF BEARINGS), A DISTANCE OF 2648.95 FEET;
THENCE SOUTH 88°54’49” WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF
94.43 FEET;
THENCE SOUTH 00°43'52" EAST, A DISTANCE OF 33.00 FEET TO THE SOUTH LINE OF THE NORTH 33 FEET OF
SAID SOUTHEAST QUARTER, SAID POINT BEING THE POINT OF BEGINNING
THENCE SOUTH 42°01’11” EAST, A DISTANCE OF 9.27 FEET TO THE SOUTH LINE OF THE NORTH 40 FEET OF
SAID SOUTHEAST QUARTER;
THENCE SOUTH 88°54'49" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 1312.90 FEET;
THENCE NORTH 01°05’11” WEST, A DISTANCE OF 10.00 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF
SAID NORTHEAST QUARTER;
THENCE NORTH 88°54’49” EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 407.58 FEET TO THE WEST LINE
OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SOUTHEAST QUARTER;
THENCE SOUTH 00°19'57" EAST, ALONG SAID WEST LINE, A DISTANCE OF 3.00 FEET TO THE SOUTH LINE OF
THE NORTH 33 FEET OF SAID SOUTHEAST QUARTER;
THENCE NORTH 88°54’49” EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 899.30 FEET THE POINT OF
BEGINNING.
CONTAINING 10,392 SQ.FT. OR 0.2386 ACRES, MORE OR LESS.
Bowman « 1600 N Desert Drive, #210 * Tempe, Arizona 85288 + P: 480.629.8830
POINT OF COMMENCEMENT
\ ony EAST QUARTER CORNER
12 NTS. SECTION 3, T2S, RSE
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2). EXHIBIT 1600 N Desert Drive, #210
ba} Neel ROW ABANDONMENT Tempe, AZ 85288
== Bowman
© Ns BCE PRoecr No: 050864—01 TASK: 001 wwwbowmancom
LINE TABLE
LINE # | LENGTH | DIRECTION
uu 94.43’ | $88'54’49"W
L2 33.00° | S00°43'52"E
L3 9.27 $42°01'11"E
L4 1312.90' | S88°54'49"W
L5 10.00’ | NO1‘05'11"W
L6 407.58" | N88°54'49"E
7 3.00’ $0019°57"E
L8 899.30’ | N88°54’49"E
Z@ 30 @ 133HS
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EXHIBIT
ROW ABANDONMENT
BY:DT [cHk:
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BCG PROJECT NO: 050864-01 TASK: 001
CLIENT REF NO:
Bowma
1800 N Desert Drive, #210
Tempe, AZ 85281
Phone: (480) 629-8830
Fax: (480) 620-8841
wwwbowman.com