EN250067 ORDINANCE.DOCX

Ordinance No. O2026.04
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ORDINANCE NO. O2026.04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 
OF TEMPE, ARIZONA, AUTHORIZING THE PARTIAL 
ABANDONMENT OF THREE WATERLINE EASEMENTS 
AND ONE SEWER AND WATER EASEMENT. THESE 
EASEMENTS ARE LOCATED SOUTH OF BROADWAY 
ROAD AND WEST OF PRICE ROAD, IN TEMPE, 
ARIZONA.
WHEREAS, it has been determined by the City Council that the City no longer 
requires a portion of the public sewer and waterline easements, granted per MCR 1983-2625509, 
MCR 1992-0135365, MCR 2005-1041111, and MCR Dkt 5431 Pg 559, recorded in the Office of 
the Maricopa County Recorder and as described and shown on the attached Exhibits “A” thru 
“H”: and,
WHEREAS, it is in the best interest of the City of Tempe to abandon a portion of 
the easements, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF TEMPE, MARICOPA COUNTY, ARIZONA, AS FOLLOWS:
Section 1.  That the Community Development Director is hereby authorized to 
take such actions as are necessary, at the sole cost and expense of the applicant, to abandon, 
relinquish and vacate the public easements identified on the legal descriptions and exhibits 
attached hereto and incorporated herein by this reference.  Such abandonment shall be completed 
in accordance with the usual and customary procedures of the Community Development 
Department, including, without limitation, satisfactory relocation of any facilities located within 
the easement areas to be abandoned, the granting of new easements for such facilities, 
notification of affected utilities and payment by the applicant of all applicable costs, fees, and 
expenses associated with the relocation or abandonment of any existing facilities located within 
said easement areas.
Section 2.  That all rights of the City with regard to the portion of the public 
easements abandoned shall vest in the record owner(s) of the property and shall be subject to the 
same encumbrances, liens, limitations, restrictions, easements, and estates as exist on the land of 
which the public easements are a part.

Ordinance No. O2026.04
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Section 3.  That the Community Development Director or designee is hereby 
authorized to execute any documents that may be necessary to carry out the provisions of this 
Ordinance.  
Section 4.  Pursuant to the City Charter, Section 2.12, ordinances are effective 
thirty (30) days after adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF 
TEMPE, ARIZONA, this             day of                         , 2026.
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney