ORDINANCE NO. 2005-0326

ORDINANCE NO. 2005-0326 AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE, ARIZONA, PROVIDING FOR THE ABANDONMENT AS A RIGHT-OF-WAY A PORTION OF CITY ALLEYWAY GENERALLY LOCATED SOUTH OF WESTERN AVENUE BETWEEN 5TH AND 6TH STREET, IN AVONDALE, ARIZONA. WHEREAS, Article I, Section 3 of the Avondale City Charter authorizes the City of Avondale (the "City") to dispose of its acquired property as the City's interests may require; and WHEREAS, the City is authorized to vacate and abandon rights-of-way pursuant to Ariz. Rev. Stat. § 9-240(B)(3)(e) and Ariz. Rev. Stat. § 28-7205; and WHEREAS, the City is the owner of certain right-of-way situated within Maricopa County, Arizona, currently designated as an alleyway, generally located south of Western Avenue between South 5th Street and South 6th Street in Avondale (the "Alleyway"); and WHEREAS, the Alleyway was platted and dedicated for public use in February 1929 per the map titled AVONDALE A SUBDIVISION OF EAST - AVONDALE, recorded with the Maricopa County Recorder's Office in Book of Maps 21, page 34; and WHEREAS, in connection with the completion of Fire Station 171, the Council of the City of Avondale has determined it is necessary and appropriate to abandon, as a right-of-way, a portion of the Alleyway to allow the City to combine all parcels into one lot; and WHEREAS, the City desires to reserve and except from the abandonment a public utility easement (the "Easement") through, over, under and across a portion of the Alleyway, as convenient or necessary for use and operation by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVONDALE as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The portion of the Alleyway, approximately + 0.07 acres, as more particularly described and depicted in Exhibit A (the "Abandoned Portion"), attached hereto and incorporated herein by reference, is hereby abandoned and declared to be no longer necessary for public use as an alleyway by the City. SECTION 3. The Easement, as more particularly described and depicted in Exhibit B, attached hereto and incorporated herein by reference, is hereby reserved by the City. SECTION 4. Upon recordation of this Ordinance in the office of the Maricopa County Recorder, designation of the Abandoned Portion as an alleyway shall be forever extinguished, and all right and title to the real property described therein shall vest in the City as the owner of the adjacent properties. SECTION 5. The Mayor, the City Manager, the City Attorney and the City Clerk are hereby authorized and directed to take all steps and execute all documents necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Council of the City of Avondale, Avondale, March 2, 2026. Signed copies of this Ordinance and (exhibits) are available at Avondale City Hall, 11465 W. Civic Center Dr., Avondale, AZ 85323. March 6 2026 LAZS0471710