REC26005 ORDINANCE.DOCX

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Ordinance No. O2026.13
                    
   ORDINANCE NO. O2026.13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 
OF 
TEMPE, 
ARIZONA, 
AUTHORIZING 
THE 
ABANDONMENT OF INGRESS/EGRESS AND PUBLIC 
UTILITY EASEMENTS LOCATED SOUTH OF APACHE 
BOULEVARD AND WEST OF PRICE ROAD FOR 2152 
EAST WILDERMUTH AVENUE (TEMPE TOWNHOMES), 
IN TEMPE, ARIZONA.
WHEREAS, it has been determined by the City Council that the City no longer 
requires the Ingress/Egress and Public Utility Easements, granted as part of Tract A per Bk 659 
Pg 40, 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 
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 easement areas 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 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.

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Ordinance No. O2026.13
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