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12.A.
City Council Meeting - FINAL
Meeting Date:
03/01/2022
Co-Submitter:
Bryce Doty
From:
Carmen Pryer, Real Estate Specialist

Information

TITLE:

Consideration and Adoption of Ordinance No. 2022-06:  An ordinance of the City Council of the City of Flagstaff, authorizing the City of Flagstaff to accept a donation of .29 acres of vacant land along the west side of Switzer Canyon Drive, parcel no. 101-29-050 (Tract E); delegating authority to complete the transaction; providing for repeal of conflicting ordinances, severability, authority for clerical corrections; and establishing an effective date

STAFF RECOMMENDED ACTION:

At the March 1, 2022 Council Meeting:
1) Read Ordinance No. 2022-06 by title only for the first time
2) City Clerk reads Ordinance No.2022-06 by title only (if approved above)
At the March 15, 2022 Council Meeting:
3) Read Ordinance No. 2022-06 by title only for the final time
4) City Clerk reads Ordinance No. 2022-06 by title only (if approved above)
5) Adopt Ordinance No. 2022-06

Executive Summary:

A private property owner of has offered to donate .29 acres of vacant land along the west side of N. Switzer Canyon Drive ("the property") to the City of Flagstaff.  The proposed ordinance would authorize the City to accept the donation.

City staff recommends acceptance of the donation.  The land makes a natural buffer for Switzer Canyon Drive and could be used for public right-of-way purposes in the future, if desired. 

The title report shows the owner received this parcel by Quit Claim Deed December 2, 1998.  The property is zoned R1 (Single Family Residential) and is forested.   The property is impacted by Ordinance No. 1983, an ordinance authorizing the acquisition of real property for flood control and redevelopment within the Rio De Flag Flood Control Project and the Flagstaff Redevelopment Area.

Adjacent residential property owners have encroached on the property.  There are fence encroachments into Tract E from Lots 4, 6, 7, 10 & 11 and shed and fence encroachment from Lot 6, and concrete stairs from Lot 7.  There may be some administrative efforts needed to resolve any concerns related to those encroachments. 

Financial Impact:

Real property is considered a fixed asset in the City. Until City Council approves an ordinance accepting the acquisitions, the real property value is not recognized in an audit so while there is not an actual financial expenditure associated with these acquisitions, there is a fixed asset value the City receives through this action.  The property once donated to the City will be exempt from property tax.

Policy Impact:

None

Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:

TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE
Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system.

Has There Been Previous Council Decision on This:

None.

Options and Alternatives:

  1. Adopt the Ordinance
Pros: Formally approving the real property interest transactions conforms with City practices.
Cons: None.
  1. Do not adopt the Ordinance. In this case, transactions may be voided or there would be a further discussion as to appropriate action.
Pros: None identified.
Cons: This may result in loss of legal rights to use properties for utilities, trails, drainage, and other public purposes.

Background and History:

The City Charter requires the acquisition and disposition of real property by ordinance. The City generally applies this principle to lesser interests as well.

Key Considerations:

The real property interests received or transferred are necessary for the provision of services as the community grows and the liability assumed is consistent with these same real property rights throughout the community.

Community Involvement:

The Flagstaff community will benefit from acquisition of real property interests that are used by and serve community needs.

Attachments