| ITEM #: 8. DATE: 06/24/2024 AI #:2117 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | EL CIDRO - 175TH AVE AND ELWOOD ST – ABANDONMENT |
| STAFF PRESENTER(S): | Marty Crossland, Deputy Director of Development Engineering |
OTHER PRESENTER(S):
CVL Consultants
SUMMARY
An abandonment of right-of-way for a section of S. 175th Avenue and W. Elwood Street located at the former alignment of S. 175th Avenue and W. Elwood Street (formerly Dunlap).
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
1. ADOPT RESOLUTION NO. 2024-2414 DECLARING SECTIONS OF 175th AVENUE AND ELWOOD STREET UNNECESSARY FOR PUBLIC ROADWAY AND EXTINGUISHING THE RIGHT OF WAY EASEMENT GRANTING THE CITY THE UNNECESSARY PUBLIC ROADWAY; PROVIDING FOR THE RECORDATION OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATES OF THE EASEMENT EXTINGUISHMENT AND THE RESOLUTION.
2. ADOPT RESOLUTION NO. 2024-2415DECLARING SECTIONS OF 175th AVENUE AND ELWOOD STREET UNNECESSARY FOR PUBLIC ROADWAY AND VACATING THE ROADWAY; PROVIDING FOR THE RECORDATION OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATES OF THE ABANDONMENT AND THE RESOLUTION.
2. ADOPT RESOLUTION NO. 2024-2415
FISCAL IMPACT
There is no direct fiscal impact on the City from the abandonment of the right of way. However, the City will no longer be responsible for maintenance of the property or liable for claims of injury or property damage on the property.
BACKGROUND AND PREVIOUS ACTIONS
The Preliminary Plat for El Cidro Parcels 1-5 was approved by the City Council on February 26, 2016. City Council has approved a number of final plats for portions of the property included within the preliminary plat. The preliminary plat contemplated the abandonment of the right-of-way that was previously conveyed to the City and the extinguishment of the right-of-way easement that was previously granted to the City.
STAFF ANALYSIS
The Mayor and Council have the authority to determine and find that a public roadway or portion thereof is unnecessary for public use and to vacate and abandon right-of-way conveyed for such public roadway and to vacate and extinguish right-of-way easement dedicated for such public roadway. City engineering staff has determined that right-of-way easement dedicated to the City in 1987 that will be extinguished by Resolution 2024-2414 and the right-of-way that was conveyed and that will be vacated and abandoned by Resolution 2024-2415 is unnecessary for public use as a roadway. The Preliminary Plat for El Cidro Parcels 1-5 contemplated the abandonment of the right-of-way that was previously conveyed to the City and the extinguishment of the right-of-way easement that was previously granted to the City. For the foregoing reasons, staff recommends the adoption of Resolution 2024-2414 and Resolution 2024-2415.