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File #: O2025-029    Version: 1 Name:
Type: ordinance Status: Agenda Ready
File created: 6/9/2025 In control: City Council Meeting
On agenda: 8/6/2025 Final action:
Title: Right-of-Way Vacation - 48th Street
Attachments: 1. 1. ORD Right-of-Way Vacation: 48th Street, 2. 2. MAP Right-of-Way Vacation: 48th Street, 3. 3. QCD Right-of-Way Vacation: 48th Street

 

 

STRATEGIC OUTCOMES

ACTION

Department:

Safe & Prosperous

Motion

Engineering

Active & Appealing

Resolution

 

Respected & Responsible

Ordinance - Introduction

Division:

Connected & Engaged

Ordinance - Adoption

Development

Unique & Creative

Public Hearing

 

TITLE: t

 

Right-of-Way Vacation - 48th Street

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SUMMARY RECOMMENDATION: Summary Recommendation

Authorize the vacation of 48th Street (County 13th Street) right-of-way to Kerley Investments of Yuma, LLC, an Arizona limited liability company. (Engineering/ Development) (David Wostenberg)

 

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STRATEGIC OUTCOME:

Vacating unused right-of-way and returning it to private development aligns with City Council’s Respected and Responsible strategic outcomes.   

 

REPORT:

48th Street between the “A” Canal & Avenue 6E was called out in the 2005/2007 Major Roadways Plan as a minor arterial street with 50 feet half-width right-of-way. The 48th Street north half right-of-way along the north property frontage of Assessor’s Parcel Number (APN) 197-17-014 was requested in 2006/2007 pre-development meetings. The property owner then dedicated the 48th Street right-of-way to Yuma County in a quitclaim deed a few months later. The City of Yuma annexed the right-of-way the following year.

The 2014 City of Yuma Transportation Master Plan then reduced 48th Street from a minor arterial street to a collector street with 40 feet half-width right-of-way.

Sean Kerley from Kerley Homes of Yuma, LLC an Arizona limited liability company (Developer), and Kerley Investments of Yuma, LLC an Arizona limited liability company (adjacent property owner), is requesting the City return the unused portion of the 48th Street right-of-way.

The City has determined that there is no public use to the property as the need for the additional street right-of-way was eliminated with the updated 2014 City of Yuma Transportation Master Plan and should be vacated under Arizona Revised Statute (A.R.S.) § 28-7215(B), which allows a municipality to vacate a right-of-way without compensation if the right-of-way is no longer needed for public use or has no market value.

 

 

 

 

 

 

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

FY25 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:

Jennifer Reichelt for John D. Simonton

07/24/2025

Reviewed by City Attorney:

Date:

Richard W. Files

07/21/2025