Resolution R25-10-12

RESOLUTION R25-10-12 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY 
OF 
EL 
MIRAGE, 
ARIZONA, 
MEMORIALIZING 
THE 
ABANDONMENT OF CERTAIN PUBLIC UTILITY EASEMENTS 
LOCATED WITHIN PORTIONS OF TAX PARCELS 501-45-985A 
AND 501-45-986A. 
 
WHEREAS, pursuant to Arizona Revised Statutes § 9-402(E) and El Mirage City Code § 
152.230, the City has the authority to abandon easements that the City no longer needs; and 
 
 
WHEREAS, certain public utility easements (“Easements”) were dedicated to the City via 
the Final Plat recorded in Book 1556, Page 16 of the Maricopa County Recorder’s Office,  and are 
more particularly described in Exhibits A and B, attached hereto and incorporated by reference; and 
 
WHEREAS, the Easements were originally dedicated for the purpose of installing public 
utilities along 129th Avenue and a portion of Butler Drive; and 
 
WHEREAS, the rights-of-way of 129th Avenue and the relevant portion of Butler Drive 
were subsequently abandoned by the City pursuant to Ordinance O24-05-03, recorded as Document 
No. 2024-0296132 in the Maricopa County Recorder’s Office; and 
 
WHEREAS, Ordinance O24-05-03 referenced the City’s abandonment of the Easements, 
subject to final consent from Arizona Public Service ("APS"); and  
 
WHEREAS, APS has provided such consent in a letter dated August 19, 2025, attached 
hereto as Exhibit C; and 
 
WHEREAS, the City has determined that it no longer needs the Easements for any present 
or foreseeable public utility purpose, and desires to memorialize the abandonment now that the 
abandonment conditions have been satisfied;  
 
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of El 
Mirage, Arizona, as follows: 
 
1. 
Section 1. The City of El Mirage hereby confirms and memorializes that it no longer 
retains any interest in the Easements described in Exhibits A and B, and said Easements are hereby 
declared abandoned and of no further public use. 
 
2. 
Section 2. The City Manager, or designee, is authorized to execute any and all 
documents necessary to effectuate the intent of this Resolution, including but not limited to 
recording this Resolution.  
 
 
 
[Signatures on the following page]

APPROVED this ____ day of _______________, 2025. 
 
 
 
 
 
 
 
 
 
____________________________  
 
 
 
 
 
 
 
         Alexis A. Hermosillo, Mayor 
 
 
ATTEST: 
 
 
 
 
 
APPROVED AS TO FORM:  
 
 
 
 
______________________________ 
 
_____________________________ 
Jill A. Boltz, City Clerk  
 
 
 
         Justin Pierce, City Attorney

EXHIBIT A 
 
Legal Description and Exhibit for the 8-foot Public Utility Easement on the South Side of original 
Butler Drive alignment and the East Side of original 129th Avenue alignment located adjacent to 
APN 501-45-985A

EXHIBIT A

EXHIBIT B 
 
Legal Description and Exhibit for the 8-foot Public Utility Easement on the South Side of original 
Butler Drive alignment and the West Side of original 129th Avenue alignment located adjacent to 
APN 501-45-986A

EXHIBIT B

EXHIBIT C 
 
APS Release Letter