REC25095 ORDINANCE.DOCX

Ordinance No. O2026.12
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ORDINANCE NO. O2026.12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 
OF TEMPE, ARIZONA, AUTHORIZING THE PARTIAL 
ABANDONMENT OF THE ALLEY RIGHT OF WAY 
LOCATED AT 108 EAST 7TH STREET, (7TH STREET 
RESIDENTIAL) NORTH OF 7TH STREET AND WEST OF 
THE MYRTLE AVENUE ALIGNMENT, IN TEMPE, 
ARIZONA.
WHEREAS, it has been determined by the City Council that the City no longer 
requires the alley right of way, granted per plat, MCR Book 2, Page 26, recorded in the Office of 
the Maricopa County Recorder and as described and shown on the attached Exhibits “A” thru 
“B”: and,
WHEREAS, it is in the best interest of the City of Tempe to abandon the alley 
right of way, 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 alley right of way 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 alley right of way 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 area.
Section 2.  The abandonment authorized by this Ordinance shall not be effective 
until the Community Development Director or designee executes and records a document 
indicating that all requirements of Section 1 of this Ordinance have been satisfied.  Once 
effective, all rights of the City with regard to the portion of the public easement 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 easement 
is a part.

Ordinance No. O2026.12
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Section 3.  An easement will be reserved over the abandoned alley right of way 
for future operation and maintenance purposes as described in section 3.7 of Ordinance 
O2025.26 and shall allow the following:
a. Public pedestrian access.
b. Public vehicular access.
c. City refuse and fire access.
d. Developer shall design, construct, and provide for maintenance of pedestrian 
and vehicular improvements within the Easement Area
e. Maintain 19’ minimum for horizontal clearance in the Easement Area
f. Maintain 14’-0” minimum vertical clearance in the Easement Area 
Section 4.  Per Planning approval letter for PL230162, the removable bollards on 
the west and east ends of the alley (to be abandoned) shall be maintained by the property owner, 
restricted to emergency access only, and controlled by Knox box or similar device approved by 
City. Temporary removal of the bollards is permitted for maintenance and service purposes after 
providing advanced notification to the adjacent property owners to the west/east of the bollards 
(depending on which bollards are to be removed), with a time limit for their removal authorized 
by the Tempe Community Development Director or designee
Section 5.  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 6.  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