| ITEM #: 5. DATE: 10/28/2024 AI #:2318 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | VACATE A PORTION OF S. 143RD AVENUE AND TERMINATE ADJACENT PUBLIC UTILITY EASEMENTS |
| STAFF PRESENTER(S): | Colton Blyle, Real Estate Specialist |
SUMMARY
Current landowner has asked the City to vacate and abandon a section of 143rd Avenue located within its property and to terminate the public utility easements adjacent to the section of 143rd Avenue being vacated.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT RESOLUTION NO. 2024-2429 DECLARING SECTIONS OF S. 143RD AVENUE UNNECESSARY FOR PUBLIC ROADWAY, VACATING SUCH SECTIONS OF S. 143RD AVENUE, AUTHORIZING THE TERMINATION OF PUBLIC UTILITY EASEMENTS ADJACENT TO THE SECTION OF S. 143RD AVENUE BEING VACATED, PROVIDING FOR THE RECORDATION OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATES OF THE ABANDONMENT AND THE RESOLUTION
FISCAL IMPACT
There is no direct fiscal impact from vacating and abandoning the requested section of 143rd Avenue or from the termination of the public utility easement adjacent to the section of 143rd Avenue being vacated. There are, however, indirect fiscal impacts that benefit the city in the form of the elimination of responsibility for the section of 143rd Avenue being vacated, and tax revenues gained by the continued development of the adjacent property, which is being facilitated by the abandonment of the right-of-way and termination of the adjacent public utility easement.
BACKGROUND AND PREVIOUS ACTIONS
On December 8, 1983 Broadway Investments, LTD., a California partnership conveyed to the City of Goodyear by Final Plat for the Airport Commercenter Subdivision No. 2 recorded in the official records of the Maricopa County, Arizona Recorder as Instrument No. 1983 0492562 (the “Commercenter Plat”) right-of-way for the development of a public roadway to be known at that time as Airport Way but that is now known as 143rd Avenue, which was to provide access to a number of lots created by the Commercenter Plat, and public utility easements adjacent to the such right-of-way. Microsoft Corporation, a Washington corporation (“Microsoft’) acquired all of the property within the Commercenter Plat, which it subsequently re-platted by the Final Plat for PHX 10-11 Phase 1 recorded in the official records of the Maricopa County, Arizona Recorder at Book 1481 page 17 (Instrument 20190682117) (the “PHX 10-11 Plat”). The PHX 10-11 Plat consolidated a number of lots, including lots which required access from 143rd Avenue. Microsoft has asked the City to vacate and abandon a portion of the 143rd Avenue right-of-way located within its property (the “ROW Abandonment Area”) and to terminate the public utility easements adjacent to the section of 143rd Avenue being vacated (the “PUE Termination Area”).
STAFF ANALYSIS
The ROW Abandonment Area has not been used as a public right-of-way, and no street improvements have been constructed within the ROW Abandonment Area. City engineering staff have confirmed the ROW Abandonment Area is not needed for public right-of-way and that the public utility easement located within the PUE Termination Area is no longer needed. City real-estate staff confirmed that except for utility improvements installed pursuant to a separate easement granted to a private utility company, none of the utility and telecommunication providers who are authorized to install facilities within city right-of-way have any infrastructure within the ROW Abandonment Area or the PUE Termination Area. Accordingly, staff is recommending that Council approve Resolution 2024-2429, which finds the ROW Abandonment Area as being unnecessary for public roadway purposes and vacates the ROW Abandonment Area, finds the public utility easement located within the PUE Termination Area is no longer needed and authorizes the city manager to execute a document in a form approved by the city attorney or his designee terminating the public utility easement over the PUE Termination Area.