REC26040 ORDINANCE.DOCX

ORDINANCE NO. O2026.31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 
OF 
TEMPE, 
ARIZONA, 
AUTHORIZING 
THE 
ABANDONMENT OF VARIOUS EASEMENTS LOCATED 
ON THE NORTH SIDE OF UNIVERSITY DRIVE AND 
EAST SIDE OF THE 52ND STREET ALIGNMENT, IN 
TEMPE, ARIZONA.
WHEREAS, it has been determined by the City Council that the City no longer 
requires the following public easements:

Vehicular Access & Emergency Access Easement Per Book 300, Page 39, 
MCR 19860395478

Vehicular Access, Refuse Collection, & Emergency Access Easement Per 
Book 300, Page 39, MCR 19860395478

Vehicular Access & Refuse Collection Easement Per Book 300, Page 39, 
MCR 19860395478

Vehicular Access, Refuse Collection, Emergency Access & Water Easement 
Per Book 342, Page 34, MCR 19910009100

Vehicular Access, Water Line, Refuse Collection, and Emergency Access 
Easements per Book 300, Page 39, MCR 19860395478

Water Line Easement per MCR 19860291817

12' Water Line Easement Per Book 300, Page 39, MCR 19860395478

12' Water Easement Per Book 342, Page 24, MCR 19910009100

Water lines and Fire Hydrants Easement per MCR 19980423184

PUE per Book 650, Page 7, MCR 20031213459
recorded in the Office of the Maricopa County Recorder and as described and shown on the 
attached Exhibits “A” thru “P”: 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 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.

Ordinance No. O2026.31
Page 2
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.
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 25th day of June, 2026.
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney