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Ordinance #: O19-24 - Date Adopted: 2/26/2019 ORDINANCE NO. 019-24 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF SOLANO DRIVE RIGHT-OF-WAY BETWEEN 60th AND 61' AVENUES AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. WHEREAS, the Glendale City Council took action to accept a public right of way as recorded with the Maricopa County Recorder's Office on May 2, 1996 at Docket No. 1996- 0304323; and WHEREAS, the owner of the property adjacent and to the north of the City's right of way, Ridgeway Village Apartments, LLC, has requested abandonment of 25 feet of the existing right-of-way as described on Exhibit A and attached hereto; and WHEREAS, the property owner adjacent and directly to the east of the City's right of way, Bradley N. Wilson, proposes to incorporate the 25-foot strip into his Legacy Apartments development; and WHEREAS, as provided in A.R.S. §9-402(E), the City is not receiving payment for such abandonment and re-conveyance of the City's interest in the public right of way to the underlying, dominant property owner,Ridgeway Village Apartments,LLC; and WHEREAS, all entities providing utilities in the service area and that may be located in the City's right of way have agreed to its abandonment; and WHEREAS, abandonment of this right of way in favor of the owner of the Legacy Apartments may eliminate or lessen trash, drug activity, loitering and other improper uses; and WHEREAS, the City has determined it is in the public interest to abandon its interest in the right of way,because it is 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 City hereby abandons any interest it may have in the real property as described in Exhibit A. Title to the released property shall vest in the underlying landowner, Ridgeway Village Apartments, LLC, an Arizona limited liability company, as provided by law. SECTION 2. The Council hereby authorizes and instructs the City Manager to execute the Quit Claim Deed attached to Exhibit B, granting and re-conveying the right of way to Ridgeway Village Apartments, LLC. SECTION 3. 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 4. 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 APPRI E P • the Mayor and Council of the City of Glendale, Maricopa County, Arizona,this 26' a • • ' -bruary, 2019. \i ' Mayor P.P. Weiers ATTEST: / are Ju :ower, City Clerk (SEAL) APPROVED AS TO FORM: 41111 1" Mic . - D. :alley, City Attorney REVIEWED BY: /, Kev/?.G4d.- . Phelps, City Manager EXHIBIT 13 When recorded,mail to Glendale City Clerk 5850 West Glendale Avenue Glendale,Arizona 85301 QUIT CLAIM DEED For the consideration of Ten Dollars, and other valuable considerations,the City of Glendale,an Arizona municipal corporation, (Grantor) does hereby quitclaim to Ridgeway Village Apartments, LLC, an Arizona limited liability company (Grantee) any and all right, title and interest to and in that certain parcel of Real Property situated in Maricopa County and described as follows: See Attached Description,"Exhibit A" Dated this day of ,2019. Kevin R. Phelps City Manager Exempt Pursuant to A.R.S.§11-1134(A)(3) STATE OF ARIZONA ) ) ss. County of Maricopa ) This instrument was acknowledged before me this day of ,2019 by Kevin R. Phelps, City Manager for the City of Glendale, who acknowledged that he executed this instrument for the purposes therein contained. Notary Public My commission expires: Solano Drive between 60th and 61'Avenues EXHIBIT A EXHIBIT A ROADWAY ABANDONMENT A PORTION OF LAND WITHIN SEC110N 18 T2N R2E G&SRM, MARICOPA COUNTY AZ. A PORTION OF LAND WITHIN SECTION 18, TOWNSHIP 2 NORTH, RANGE 2 EAST, OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18, FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION 18 BEARS SOUTH 89'12'33" WEST A DISTANCE OF 2661.73 FEET; THENCE SOUTH 8912'33" WEST A DISTANCE OF 1330.80 FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO THE INTERSECTION OF NORTH 61ST AVE. AND WEST BETHANY HOME ROAD; THENCE SOUTH 00'17'50" WEST A DISTANCE OF 659.52 FEET ALONG THE CENTER LINE OF SAID NORTH 61ST AVE. TO THE INTERSECTION OF SAID NORTH 61ST AVE. AND WEST SOLANO DRIVE; THENCE NORTH 8918'13" EAST A DISTANCE OF 30.00 FEET ALONG THE CENTER LINE OF SAID WEST SOLANO DRIVE TO THE EAST RIGHT OF WAY LINE OF SAID NORTH 61ST AVE. AND THE POINT OF BEGINNING; THENCE NORTH 8918'13" EAST A DISTANCE OF 537.14 FEET ALONG THE CENTER LINE OF SAID WEST SOLANO DRIVE; THENCE NORTH 00'17'57" EAST A DISTANCE OF 25.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID WEST SOLANO DRIVE; THENCE SOUTH 89'18'13" WEST A DISTANCE OF 537.14 FEET ALONG THE NORTH RIGHT OF WAY UNE OF SAID WEST SOLANO DRIVE TO THE EAST RIGHT OF WAY UNE OF SAID NORTH 61ST AVE.; THENCE SOUTH 00'17'50" WEST A DISTANCE OF 25.00 FEET ALONG THE EAST RIGHT OF WAY LINE OF SAID NORTH 61ST AVE. TO THE POINT OF BEGINNING. "EXHIBIT A" MADE A PART BY REFERENCE HEREON 5400 LAND BpgY @EG\et1F104Me„ O 54336 NICHOLAS W. JARRETT �; goo s -��;' . 6859 E.Rembrandt Ave,124 ��� A, LANDCOR ted, . . Mesa,AZ 85212 %ZONA 0 5 45, CONSULTING Rn:(480)223-8573 / landcorconsulting.com DATE: 11/27/2016 EXHIBIT FOR JOB NO. PAGE 1 OF 2 SCALE: 1"=100 ROADWAY ABANDONMENT 1464 EXHIBIT A ROADWAY ABANDONMENT A PORTION OF LAND WITHIN SECTION 18 T2N R2E G&SRM, MARICOPA COUNTY AZ. N. 1/4 COR, NE COR. 18 SEC. \irSEC. 18 T2N, T2N, R2E 589'12'33"W 2661.73' W. BETHANY HOME RD 1P.O.C. --- ----- _-- 58912'33°W 1330.80' -- -- -- IN W < I � yio r 5 Z1 0 1N if 30FT R/W 'I S00'17'50°W 25.OD' N00'17'57'E 25.00' i 589'1813"W 537.14' N89'18'13'E� W. SOLANO DR N8918'13"E 537.14' 30.00' i P.O.B. C 00 use soy` ekep 4336 HOLAS W. ARRETT ,,; AV" N, 7IONA a 5'1 AFC- Jrfl. 6859 E.Rembrandt Ave,124 i ' 4ess L A N D C O R Mesa,AZ85212 CONSULTING Ph:(480)223-8573 landcarconsulting.com 50 0 100 DATE: 11/27/2018 EXHIBIT FOR JOB N0. SCALE IN FEET PAGE 2 OF 2 SCALE: 1"=100 ROADWAY ABANDONMENT 1464 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER ADRIAN FONTES Recorded by: ELECTRONIC RECORDING City Clerk 20190159070,03/07/2019 03:18, City of Glendale 01924-8-1-1--,N 5850 West Glendale Avenue Glendale, AZ 85301-2599 CERTIFICATION rep, ai GLENDfE STATE OF ARIZONA County of Maricopa City of Glendale I, Julie K. Bower, being the appointed and duly qualified City Clerk of the City of Glendale, Maricopa County, Arizona, certify that the following is a true and correct copy of Ordinance 019-24 that remain on file with the Office of the Glendale City Clerk. Given under my hand and seal this 7th day of March, 2019. 11,0111 J I'- . Bower, MMC 'Ity Clerk