Ordinance No. 5052

City of Chandler — Study Session (2023-06-12)

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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)