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File #: O2025-014    Version: 1 Name:
Type: ordinance Status: Agenda Ready
File created: 3/20/2025 In control: City Council Meeting
On agenda: 5/7/2025 Final action:
Title: Right-of-Way Vacation: 28th Street
Attachments: 1. 1. MAP Right-of-Way Vacation 28th Street, 2. 2. ORD Right-of-Way Vacation 28th Street

 

 

STRATEGIC OUTCOMES

ACTION

Department:

Safe & Prosperous

Motion

Engineering

Active & Appealing

Resolution

 

Respected & Responsible

Ordinance - Introduction

Division:

Connected & Engaged

Ordinance - Adoption

Engineering

Unique & Creative

Public Hearing

 

TITLE: t

 

Right-of-Way Vacation: 28th Street

 

end

 

SUMMARY RECOMMENDATION: Summary Recommendation

Vacate 28th Street right-of-way to Top Quality Products, LLC, a Delaware limited liability company. (Engineering) (David Wostenberg)

 

end

 

STRATEGIC OUTCOME:

Returning unused right-of-way to private development creates jobs and tax revenue in a respected and responsible manner.    

 

REPORT:

28th Street between Avenues 4E and 5E was called out in the 2005/2007 Major Roadways Plan as a collector street. The 28th Street south half right-of-way along the north property frontage of Assessor’s Parcel Number (APN) 197-06-033 was requested in a 2007 pre-annexation development agreement. The property owner then dedicated the 28th Street right-of-way to the City of Yuma in a Warranty Deed a few months later.

The 2014 City of Yuma Transportation Master Plan then eliminated 28th Street between Avenues 4E and 5E. There is currently no right-of-way on the north half of 28th Street, or to the east of the adjacent subject location.  The City has determined that there is no public use to the property and no value as the need for the street was eliminated with the updated 2014 City of Yuma Transportation Master Plan and should be vacated under Arizona Revised Statutes (A.R.S. § 28-7205(1) and A.R.S. § 28-7215B).

The current property owner, Top Quality Products, LLC, a Delaware limited liability company, is requesting the City to vacate the described 28th Street right-of-way along the northern boundary of their property, as shown in the map associated with this agenda item.

 

FISCAL REQUIREMENTS:

CITY FUNDS:

$ 100.00

BUDGETED:

$ 100.00

STATE FUNDS:

$ 0.00

AVAILABLE TO TRANSFER:

$ 0.00

FEDERAL FUNDS:

$ 0.00

IN CONTINGENCY:

$ 0.00

OTHER SOURCES:

$ 0.00

FUNDING: ACCOUNT/FUND #/CIP

TOTAL                     $ 0.00

FY 2025 City Engineering Budget

 

To total; right click number & choose “Update Field”

 

 

FISCAL IMPACT STATEMENT:

NONE

 

 

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

 

Acting City Administrator:

Date:

John D. Simonton

04/28/2025

Reviewed by City Attorney:

Date:

Richard W. Files

04/28/2025