Title
Repeal Ordinance S-43302 Adopted on March 1, 2017 that Dedicated a Sidewalk and Refuse Easement at 77 E. Polk St. (Ordinance S-43735)
Description
Request to adopt an ordinance to repeal Ordinance S-43302 and further order the ordinance recorded.
Report
Summary
The request to repeal Ordinance S-43302 is made for several reasons. First, Ordinance S-43302 adopted March 1, 2017 (Maricopa County Recording (MCR) 20170161235) dedicated to public use easements for sidewalk and refuse collection purposes across property owned by the City of Phoenix located at 77 E. Polk St. The dedication was required by the Planning and Development Department for development of the property. Prior to the City Council action on March 1, 2017, the property was conveyed to Central Park East Associates II, LLC on February 9, 2017, rendering the dedication invalid. Second, an existing sidewalk easement under MCR Book 949, Page 12, amended by Resolution 21537, adopted on May 24, 2017, satisfies the Planning and Development Department's sidewalk dedication requirement. Finally, Section 9.12(e) in the existing Covenants, Conditions and Restrictions, as amended, satisfies the requirement for a refuse collection easement. For these reasons, the action adopted in Ordinance S-43302 is no longer required and the ordinance should be repealed.
Location
77 E. Polk St.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and Development and Finance departments.