REC26034 ORDINANCE.DOCX

ORDINANCE NO. O2026.19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 
OF 
TEMPE, 
ARIZONA, 
AUTHORIZING 
THE 
ABANDONMENTS 
OF 
A 
PUBLIC 
SIDEWALK 
EASEMENT, 
UTILITY 
EASEMENT, 
WATERLINE 
EASEMENTS, AND WATER FIRE LINE EASEMENT. 
THESE EASEMENTS ARE LOCATED ON THE SOUTH 
SIDE OF ALAMEDA DRIVE AND THE WEST SIDE OF 
PRIEST DRIVE FOR 2750 S PRIEST DRIVE IN TEMPE, 
ARIZONA.
WHEREAS, it has been determined by the City Council that the City no longer 
requires the following easements as described and shown on the attached Exhibits “A” thru “P”, 
and: 

Public Sidewalk Easement per MCR 2010-0857933

Utility Easement per MCR 1976-0311861, Book 187, Page 7

Waterline Easements per MCR 2000-0995150, Book 551, Page 42

Water Fire Line and Fire Hydrant Easements per MCR 1980-0403538, Book 14881, 
Page 863
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 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 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 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 easement 
is a part.

Ordinance No. O2026.19
Page 2
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 
, 20
    .
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney