Sec. 31-64. Disposition of unnecessary public roadways; application to other public uses; sale to abutting owners; vacation with title vesting in abutting owner.
When in the discretion of the City Council a public roadway owned by the City, or a portion of such roadway, is no longer necessary for public use as a roadway, the City Council may dispose of or use the same as follows:
a. A roadway or portion thereof may be exchanged with an abutting owner for all or part of a new public roadway and when so exchanged, title shall vest in such grantee and be evidenced by a quitclaim deed from the City of Phoenix.
b. The City Council may sell and, by quitclaim deed, convey the land within such roadway or portion thereof, and thereupon such roadway or portion thereof shall be deemed to be vacated, and title thereto shall vest in the grantee, provided that if such grantee is an abutting owner, title shall vest subject to the same encumbrances, liens, limitations, restrictions, and estates as exist on the grantee’s abutting land. No less than sixty days prior to the date of sale, a notice of sale describing the roadway or portion thereof to be sold, making specific reference to this section, and stating that any person may submit purchase offers, and that abutting owners shall have preference rights in accordance with the provisions of this section shall be posted at intervals of no more than one mile and in no less than three places on or along the side of such roadway and shall be delivered or mailed to abutting owners of record when their addresses are known or can be readily discovered. Abutting owners of record in whom title to a portion of such roadway would vest under subsection (c) of this section may, at the sale, or at any time prior thereto, deliver to the City Clerk a written offer to purchase such portion or part of such portion for the consideration paid for the same by the City, town, County, or the State, whichever first acquired the land within the roadways for public use. If such an offer is timely submitted, it shall be preferred over all other offers. In the absence of such an offer, the City Council may sell the roadway or portion thereof for such consideration as it shall deem advisable. A quitclaim deed issued under this paragraph creates a presumption of compliance with the requirements of this section relating to the sale of the roadway or portion of the roadway, including recording, mailing and posting the notice of the sale and conducting the sale. The deed constitutes conclusive evidence of meeting these requirements in favor of purchasers and encumbrancers for value and without actual notice. Knowledge of the grantor shall not be imputed to the grantee. For the purposes of this paragraph, "abutting owner" means the original owner of the vacated roadway or his heirs who have previously had a portion of the property acquired for roadway purposes and thereafter have been left with an abutting remainder of property over which they still retain direct ownership.
c. The City Council may resolve that such roadway or portion thereof be vacated, and thereupon title to such roadway or portion thereof shall vest, subject to the same encumbrances, liens, limitations, restrictions, and estates as exist on the land to which it accrues, as follows:
1. In the event that a roadway which constitutes the exterior boundary of a subdivision or other tract of land is vacated, title to the roadway shall vest in the owners of the land abutting the vacated roadway to the same extent that the land included within the roadway, at the time the roadway was acquired for public use, was a part of the subdivided land or was a part of the adjacent land.
2. In the event that less than the entire width of the roadway is vacated, title to the vacated portion shall vest in the owners of the land abutting such vacated portion.
3. In the event that a roadway bounded by straight lines is vacated, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking to the center of the roadway, except as provided in paragraphs (1) and (2) of this subsection. In the event that the boundary lines of abutting lands do not intersect such roadway at a right angle, the land included within such roadway shall vest as provided in paragraph (4) of this subsection.
4. In all instances not specifically provided for, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking that portion of the vacated roadway to which his land, or any part thereof, is nearest in proximity.
5. No portion of a roadway upon vacation shall accrue to an abutting roadway.
d. Notwithstanding subsection (c), if the roadway is a City roadway in a planned development, the City Council may resolve that the roadway or portion thereof be vacated and that title to such vacated roadway or portion vests in the owners’ association if the following conditions are met:
1. The owners’ association includes the owners of the land abutting the roadway or portion thereof to be vacated.
2. The owners’ association has rights and remedies under covenants, conditions and restrictions of title to maintain the vacated roadway and to assess all members of the association for the maintenance of the roadway.
3. Two-thirds of the members of the owners’ association and a majority of the owners of commercial property abutting the roadway or portion thereof to be vacated approve the vesting of title to such roadway or portion in the association.
e. Notwithstanding any other law, vesting of title pursuant to subsections (c) and (d) of this section shall be subject to consideration from the owner to the City in an amount deemed by the City Council to be commensurate with the value of the abandoned roadway, giving due consideration to its degree of fragmentation and marketability, and any other public benefit received by the City in return for the abandoned roadway. (Code 1962, § 35-76; Ord. No. G-2915, § 1; Ord. No. G-3386, §§ 1, 2; Ord. No. G-3468, § 1)