| ITEM #: 7. DATE: 03/28/2022 AI #:767 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | ACCEPTANCE OF A QUIT CLAIM DEED FOR WELL SITE 11 ASSOCIATED WITH THE FINAL PLAT FOR AIRPARK LOGISTICS CENTER |
| STAFF PRESENTER(S): | Linda Beals, Real Estate Coordinator |
SUMMARY
Approval of the acceptance of the Quit Claim Deed for the reconfiguration of City Well Site #11 associated with the Final Plat for Airpark Logistics Center. (Linda Beals, Real Estate Coordinator
Recommendation
Approve the acceptance of the Quit Claim Deed required for the reconfiguration of City Well Site #11, located on the east side of Bullard Avenue, south of Yuma Road. (Linda Beals, Real Estate Coordinator)
FISCAL IMPACT
There will be no fiscal impact to the city in the fiscal year 2022 or future years related to the acceptance of this deed.
BACKGROUND AND PREVIOUS ACTIONS
On January 24, 2022, Council approved the Final Plat for Airport Logistics Center, which was subsequently recorded in the official records of the Maricopa County on February 23, 2022, in Book 1650, Page 18 (“Final Plat”). That same day, Council approved Resolution 2022-2206 declaring a portion of the Well 11 Site as right-of-way.
STAFF ANALYSIS
To facilitate the development of Airport Logistics Center, the City, at the property owner’s request, agreed to relinquish part of the Well 11 Site declaring it as right-of-way, so a turn lane into the property could be constructed. In exchange, the property owner agreed to convey additional property to the city for the Well 11 Site and to provide access easements needed to access the reconfigured well site.
Staff sought to have the conveyance of the additional property for the Well 11 Site, the dedication of the access easement to the reconfigured Well 11 Site, and the declaration of the right-of-way completed prior to the Final Plat being presented to council. Unfortunately, that did not occur. Instead, the additional property that was to be conveyed to the city, identified as Tract B on the Final Plat, and the access easement needed to access the reconfigured Well 11 Site were conveyed to the city on the Final Plat.
Although this conveyance is legally binding, the Maricopa County Assessor’s Office has, in the past, failed to recognize tract dedications as a property conveyance and has failed to change the ownership in the system. This is problematic because until the ownership has been changed, taxes are assessed against the property. To eliminate the risk of this occurring in this case, the Final Plat approval included a stipulation that required the landowner to provide an original executed quit claim deed, conveying the additional area required for Well Site 11 (Tract “B” on the Final Plat), to the city within fifteen days after the recordation of the Final Plat.
As required, the landowner CIP18 CRE CITY CENTER AIRPORT OWNER, LLC, a Delaware limited liability corporation, has provided the executed Quit Claim Deed attached hereto and staff recommends acceptance.
Staff sought to have the conveyance of the additional property for the Well 11 Site, the dedication of the access easement to the reconfigured Well 11 Site, and the declaration of the right-of-way completed prior to the Final Plat being presented to council. Unfortunately, that did not occur. Instead, the additional property that was to be conveyed to the city, identified as Tract B on the Final Plat, and the access easement needed to access the reconfigured Well 11 Site were conveyed to the city on the Final Plat.
Although this conveyance is legally binding, the Maricopa County Assessor’s Office has, in the past, failed to recognize tract dedications as a property conveyance and has failed to change the ownership in the system. This is problematic because until the ownership has been changed, taxes are assessed against the property. To eliminate the risk of this occurring in this case, the Final Plat approval included a stipulation that required the landowner to provide an original executed quit claim deed, conveying the additional area required for Well Site 11 (Tract “B” on the Final Plat), to the city within fifteen days after the recordation of the Final Plat.
As required, the landowner CIP18 CRE CITY CENTER AIRPORT OWNER, LLC, a Delaware limited liability corporation, has provided the executed Quit Claim Deed attached hereto and staff recommends acceptance.