REC26034 ORDINANCE.DOCX
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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 SOUTH 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 14th day of May, 2026. Corey D. Woods, Mayor ATTEST: Kara A. DeArrastia, City Clerk APPROVED AS TO FORM: Eric C. Anderson, City Attorney