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STRATEGIC OUTCOMES |
ACTION |
Department: |
☐ Safe & Prosperous |
☐ Motion |
Engineering |
☐ Active & Appealing |
☐ Resolution |
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☒ 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 |
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To total; right click number & choose “Update Field” |
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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 |