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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☐ Safe & Prosperous |
☐ Motion |
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Engineering |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☒ Ordinance - Adoption |
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Development |
☐ Unique & Creative |
☐ Public Hearing |
TITLE:
title
Vacation of Surplus Right-of-Way and Correction of Scrivener’s Error
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SUMMARY RECOMMENDATION:
Summary Recommendation
Vacate a portion of right-of-way (ROW) on Arizona Avenue to the abutting land owner (T3AZ, LLC) upon negotiating a fair market-value purchase price for the vacated ROW and correct a scrivener’s error contained in O2008-36 and in T3AZ, LLC’s subsequent deed for the abutting land. (Engineering/ Development) (David Wostenberg)
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STRATEGIC OUTCOME:
This item furthers City Council’s strategic outcome of Respected and Responsible by placing unused ROW on the tax rolls and by eliminating a scrivener’s error that creates a cloud on T3AZ, LLC’s title.
REPORT:
Correction of Scrivener’s Error
On September 3, 2008, the City Council adopted Ordinance No. O2008-36, authorizing the City of Yuma (City) to exchange property with the Davis Family Trust whereby the City would acquire Parcel A in exchange for giving the Davis Family Trust Parcels B and C near 19th Street and Arizona Avenue.
Unfortunately, the legal description of Parcels B and C in Ordinance No. O2008-36 contains a scrivener’s error, resulting in the City erroneously retaining ownership of an 8-foot strip of land between Parcels B and C. After acquiring Parcels B and C from the City in 2009, the Davis Family Trust assumed control over all portions of Parcels B and C (including the 8-foot strip of land erroneously retained by the City) (the “Property”), and the scrivener’s error has not yet been addressed in subsequent deeds.
On August 14, 2023, the Davis Family Trust transferred ownership of the Property to T3AZ, LLC. To prevent a potential cloud on T3AZ, LLC’s title to the Property, City staff recommends issuing a quitclaim deed transferring all the City’s interest and ownership of the Property to T3AZ, LLC. This will remove the cloud on the title and stop the perpetuation of the scrivener’s error going forward.
Vacation of ROW on 19th Street and Arizona Avenue
T3AZ, LLC wants to develop a mixed use project (Project) on the Property but lacks sufficient space for its current design. T3AZ, LLC wants the City to vacate a portion of ROW along the southwest corner of 19th Street and Arizona Avenue, as depicted in Exhibit A attached to the proposed ordinance. The ROW in this area was originally acquired to facilitate the expansion of Arizona Avenue into a major arterial street, based on the 1997 Major Roadways Plan. However, the City’s 2018 Transportation Master Plan downgrades Arizona Avenue to a major collector street. Due to this change, the City Engineer believes the City has excess ROW and supports vacating the ROW identified in Exhibit A to T3AZ, LLC, provided T3AZ, LLC is willing to pay fair market value for the vacated ROW.
Upon T3AZ, LLC agreeing to pay the City fair market value for the vacated ROW, the City would quitclaim the vacated ROW to T3AZ, LLC. Before the Project begins, T3AZ, LLC would need to tie the vacated ROW to the Property through a recorded lot tie.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 100.00 |
BUDGETED: |
$ 100.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
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FY 2023 City Engineering Budget |
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
This ordinance would generate a positive fiscal impact.
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☒ City Clerk’s Office
☒ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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John D. Simonton |
02/27/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
02/23/2024 |