Extracted text (via pymupdf)
6351 characters
ORDINANCE NO. 5052
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER
ARIZONA, DECLARING CERTAIN REAL PROPERTY AS NO LONGER
NECESSARY FOR USE AS A PUBLIC ROADWAY; VACATING THE
ROADWAY LOCATED NORTH AND WEST OF LOTS 586 THROUGH 594
IN
THE
COLONIA
CORONITA
UNIT
FOUR
SUBDIVISION;
QUITCLAIMING ANY REMAINING CITY INTEREST IN THE VACATED
ROADWAY TO THE ABUTTING PRIVATE PROPERTY OWNERS OF LOTS
586 THROUGH 594; AND AUTHORIZING THE EXECUTION OF ALL
DOCUMENTS NECESSARY TO COMPLETE THE ABANDONMENT AND
QUITCLAIM.
WHEREAS, A.R.S. § 28-7201 et seq., provides for the disposition of unnecessary public
roadways which includes all or part of a platted or designated public street, highway, alley, lane,
parkway, avenue, road, sidewalk or other public way, whether or not it has been used as such;
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, the owners of lots 586 through 594 in the Colonia Coronita Unit Four subdivision
recorded in book 272, page 31 (the “Owners”) signed a Petition to Vacate Alley requesting the
City to vacate the alley, hereinafter referred to as the “Roadway,” that abuts their property for the
reason that it no longer serves a public purpose and that its vacation will not be detrimental to the
general interest; and
WHEREAS, by signing the Petition to Vacate Alley, the Owners agreed and consented to paying
all costs, consideration and assume all liability associated with ownership, security and
maintenance of the Roadway and the adjoining walls facing the alley; and
WHEREAS, the Roadway located north and west of lots 586 through 594 in the Colonia
Coronita Unit Four subdivision, which is more fully described in Exhibit “A” and “B”, attached
hereto and incorporated herein by reference, is no longer needed as public roadway; and
WHEREAS, City property abuts the Roadway on the west and north sides, necessitating that the
City, as an abutting property owner that would statutorily take title to a portion of the vacated
Roadway, quitclaim any remaining ownership interest in the Roadway after vacation so that title
to the entire Roadway can vest in the Owners.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
The Roadway described in Exhibit “A” is determined to be no longer necessary
for public use as Roadway.
Ordinance 5052
Page 2
Section 2. The Roadway is hereby vacated so that title thereto is vested in the owner of the
land abutting the Roadway or as otherwise provided by law pursuant to the
provisions of A.R.S. § 28-1902(A), subject to the same encumbrances, liens,
limitations, restrictions and estates as exist on the land to which it accrues.
Section 3.
The vacating of the Roadway is not intended and is not deemed to vacate or
extinguish any rights-of-way or easements for existing water, sewer, gas or
similar pipelines and appurtenances, and for existing canals, laterals or ditches
and appurtenances, and for electric, telephone and similar lines and
appurtenances, and the same, if there are any, shall continue as they existed prior
to the vacating of the Roadway pursuant to this Ordinance, and if any conflicts or
concerns should arise, the City will have no responsibility or role in resolving
such conflicts or concerns.
Section 4.
Any remaining ownership interest that the City may have in the vacated Roadway
is hereby quitclaimed to Owners, subject to any encumbrances, liens, limitations,
restrictions and estates as exist in the Roadway, so that title may vest in the same
manner described in A.R.S. § 28-7205 except that the Owners will take to the
opposite boundary line of the Roadway rather than stopping at the center of the
Roadway.
Section 5.
The action taken pursuant to this Ordinance is done solely to dispose of the City
of Chandler’s interest, if any, in the Roadway, subject to the terms and conditions
stated in this Ordinance and to any easements reserved herein by the City, and the
City of Chandler does not warrant, either expressly or by implication, that it holds
title or any other interest in the Roadway.
Section 6.
The City will vacate the Roadway described in Exhibit “A” and “B” and
quitclaim any remaining ownership interest, without compensation, as Owners
have agreed and consented to pay all costs, consideration and assume all liability
associated with ownership, security and maintenance of the Roadway as required
by A.R.S. § 28-7215(B).
Section 7.
The Mayor of the City of Chandler, Arizona, is hereby authorized to sign, on
behalf of the City, this Ordinance and all other documents required and necessary
to complete the abandonment and vacation of the Roadway and the quitclaim to
Owners of any remaining ownership interest in the Roadway.
Section 8.
The City Clerk is directed to cause this Ordinance No. 5052 to be recorded in the
office of the Maricopa County Recorder as directed by the Chandler City
Attorney, but in no event earlier than thirty (30) days following the date that this
Ordinance No. 5052 is passed and adopted. The vacation and quitclaim of the
Roadway shall take effect upon recordation of this Ordinance No. 5052.
Ordinance 5052
Page 3
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of
Chandler, Arizona, this _____ day of _________________________, 2023.
ATTEST:
________________________________
__________________________________
CITY CLERK
MAYOR
PASSED AND ADOPTED by the Mayor and City Council of the City of Chandler, Arizona, this
_____ day of _________________________, 2023.
ATTEST:
________________________________
___________________________________
CITY CLERK
MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5052 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
_____ day of _________________________, 2023 and that a quorum was present thereat.
___________________________________
CITY CLERK
APPROVED AS TO FORM:
______________________
CITY ATTORNEY
Published in the Arizona Republic on:
EXHIBIT “A”
(Legal Description)
EXHIBIT “B”
(Drawing)