| ITEM #: 5. DATE: 02/23/2026 AI #:3098 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | APPROVE PARTIAL RELEASE OF EASEMENT AND AGREEMENT FOR HIGHWAY PURPOSES ADJACENT TO W. VAN BUREN STREET |
| STAFF PRESENTER(S): | Colton Blyle, Real Estate Specialist; Brandon Bohan, Plans Examiner |
SUMMARY
Consideration of a request for the release of a portion of a highway easement adjacent to W. Van Buren Street that is not needed for city right-of-way.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve a quit claim deed to relinquish any interest the city has in a portion of property encompassed by an easement and agreement for highway purposes that is not needed for city right-of-way and authorize its execution by the City Manager, or their designee. (Colton Blyle, Real Estate Specialist)
FISCAL IMPACT
There is no direct fiscal impact from partially releasing the city’s interest in the easement and agreement for highway purposes located adjacent to W. Van Buren Street. There are, however, indirect fiscal impacts that benefit the city in the form of tax revenues gained by the continued development of the adjacent property, which is being facilitated by this quit claim deed. A budget amendment is not necessary.
BACKGROUND AND PREVIOUS ACTIONS
Maricopa County obtained an Easement and Agreement for Highway Purposes dated January 29, 1986 (1986 Easement), which was recorded in the Official Records of the Maricopa County Recorder as Instrument No. 1986-0043820 (the "1986 Easement"). The 1986 Easement was acquired for the development of W. Van Buren Street. The city of Goodyear subsequently annexed the property that was subject to the 1986 Easement.
The fee owner of the property subject to the 1986 Easement has submitted development plans for the property. The city's policy is to require fee ownership of public right-of-way. Accordingly, as part of its development plans, the owner conveyed in fee the portion of the property subject to the 1986 Easement that was needed for the build-out of the half-street improvements for the section of W. Van Buren Street adjacent to the owner's property as set forth in that certain Special Warranty Deed recorded in the Official Records of the Maricopa County Recorder as Instrument 20260002416. Because the 1986 Easement encompassed more property than was needed for the full-build out of the half-street improvements for W. Van Buren Street adjacent to the owner's property, the property owner has requested that the city terminate the portion of the 1986 Easement that encompasses property not needed for the completion of the half-street improvements for W. Van Buren Street (the "Release Area").
Under Arizona law, the city is authorized to abandon right-of-way that is no longer needed and to terminate easements that are no longer needed. Staff have confirmed that there are no utilities located within the Release Area that are subject to the 1986 Easement. Although Maricopa County has disclaimed any interest in the 1986 Easement, because the 1986 Easement was not formerly conveyed to the city, the city, rather than terminating the easement, will relinquish any interest the city has in the Release Area by quit claim deed.
The fee owner of the property subject to the 1986 Easement has submitted development plans for the property. The city's policy is to require fee ownership of public right-of-way. Accordingly, as part of its development plans, the owner conveyed in fee the portion of the property subject to the 1986 Easement that was needed for the build-out of the half-street improvements for the section of W. Van Buren Street adjacent to the owner's property as set forth in that certain Special Warranty Deed recorded in the Official Records of the Maricopa County Recorder as Instrument 20260002416. Because the 1986 Easement encompassed more property than was needed for the full-build out of the half-street improvements for W. Van Buren Street adjacent to the owner's property, the property owner has requested that the city terminate the portion of the 1986 Easement that encompasses property not needed for the completion of the half-street improvements for W. Van Buren Street (the "Release Area").
Under Arizona law, the city is authorized to abandon right-of-way that is no longer needed and to terminate easements that are no longer needed. Staff have confirmed that there are no utilities located within the Release Area that are subject to the 1986 Easement. Although Maricopa County has disclaimed any interest in the 1986 Easement, because the 1986 Easement was not formerly conveyed to the city, the city, rather than terminating the easement, will relinquish any interest the city has in the Release Area by quit claim deed.
STAFF ANALYSIS
The Release Area, as described and depicted in Attachment A, has not been used for public right-of-way, and no street improvements or public utilities have been constructed within the Release Area that are subject to the 1986 Easement. City engineering staff have confirmed the Release Area is not needed for existing or future public right-of-way. Accordingly, staff recommends that Council approve the quit claim deed releasing any interest the city has in the Release Area and authorizing its execution by the City Manager, or their Designee.