| ITEM #: 7. DATE: 06/10/2024 AI #:2065 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | VACATE AND ABANDON A PORTION OF RIGHT OF WAY ACQUIRED FOR WEST GOODYEAR BOULEVARD NORTH LOCATED APPROXIMATELY 795 FEET EAST OF THE ESTRELLA PARKWAY INTERSECTION |
| STAFF PRESENTER(S): | Kimberly Romero, Real Estate Coordinator |
OTHER PRESENTER(S):
Gerardo Villarraga, Senior Civil Engineer
SUMMARY
Request to vacate and abandon right-of-way acquired for a section of West Goodyear Boulevard North located approximately 795 feet east of the Estrella Parkway.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT RESOLUTION NO. 2024-2407 VACATING AND ABANDONING A PORTION OF RIGHT-OF-WAY ACQUIRED FOR WEST GOODYEAR BOULEVARD NORTH, GENERALLY LOCATED ALONG THE SOUTH SIDE OF WEST GOODYEAR BOULEVARD NORTH APPROXIMATELY 795 FEET EAST OF ESTRELLA PARKWAY; PROVIDING FOR RECORDATION AND EFFECTIVE DATES. (Kimberly Romero, Real Estate Coordinator)
FISCAL IMPACT
There is no direct fiscal impact from the vacating and abandoning of the right-of-way, although there are indirect fiscal impacts that benefit the city in the form of tax revenues gained by the development of Ballpark Village North, which is being facilitated by the abandonment, and the elimination of the City’s responsibility for maintaining the Abandonment Area.
BACKGROUND AND PREVIOUS ACTIONS
On February 25, 2015, Sun MP Investment Properties LLC (“Sun MP”) dedicated by Special Warranty Deed, recorded in the official records of Maricopa County as Instrument 2015-0120487 as right-of-way needed for the ultimate buildout of a section of West Goodyear Boulevard North. At that time, Goodyear Boulevard was classified as the City Center arterial, which required 75 feet (75’) of right-of-way on each side of the center line. Following the relocation of the Goodyear City Center, Goodyear Boulevard was reclassified to a major collector that required 45 feet (45’) of right-of-way on each side of the center lane.
STAFF ANALYSIS
The city has been asked by the owner of property adjacent to a section of the property the city acquired from Sun MP to vacate and abandon a portion of West Goodyear Boulevard North (the “Abandonment Area”). Pursuant to A. R. S. § 28-7202, the Goodyear City Council is vested with the power to dispose of streets owned by the City that are not necessary for public use as roadway.
Because of the reclassification of Goodyear Boulevard, staff concluded that the Abandonment Area was no longer necessary for public use as a roadway. Staff has further concluded that no compensation is warranted for the vacating of the abandonment area because, given the degree of fragmentation and marketability of the real property interests being relinquished (i.e. fee interest rights within the Abandonment Area), the market value of the city's real property interests in the Abandonment Area is nominal and is off-set by other public benefits that the City will receive in the form of tax revenues gained by the development of VLUX North at Ballpark Village, the elimination of the City's responsibility for maintaining roadway improvements within the Abandonment Area, and relief from potential liability for property damages, injury or death that may occur within the Abandonment Area.
After concluding the Abandonment Area was no longer necessary for public use as a roadway, city staff contacted all utility and telecommunication providers who have agreements that would allow them to install facilities within city right-of-way about the request to vacate and abandon the Abandonment Area asking whether they had facilities in the area. The utility and telecommunication providers were told that the city would treat their failure to respond within the deadline provided as confirmation that the provider had no facilities within the Abandonment Area. City staff has received confirmations from certain utility and telecommunication providers that the providers had no facilities within the Abandonment Areas. The response deadline imposed by city staff has passed, and city staff is treating the non-response from other providers as confirmation that those providers have no existing facilities within the Abandonment Area. For the reasons set forth above, staff supports the vacating and abandonment of the Abandonment Area for no compensation.
Because of the reclassification of Goodyear Boulevard, staff concluded that the Abandonment Area was no longer necessary for public use as a roadway. Staff has further concluded that no compensation is warranted for the vacating of the abandonment area because, given the degree of fragmentation and marketability of the real property interests being relinquished (i.e. fee interest rights within the Abandonment Area), the market value of the city's real property interests in the Abandonment Area is nominal and is off-set by other public benefits that the City will receive in the form of tax revenues gained by the development of VLUX North at Ballpark Village, the elimination of the City's responsibility for maintaining roadway improvements within the Abandonment Area, and relief from potential liability for property damages, injury or death that may occur within the Abandonment Area.
After concluding the Abandonment Area was no longer necessary for public use as a roadway, city staff contacted all utility and telecommunication providers who have agreements that would allow them to install facilities within city right-of-way about the request to vacate and abandon the Abandonment Area asking whether they had facilities in the area. The utility and telecommunication providers were told that the city would treat their failure to respond within the deadline provided as confirmation that the provider had no facilities within the Abandonment Area. City staff has received confirmations from certain utility and telecommunication providers that the providers had no facilities within the Abandonment Areas. The response deadline imposed by city staff has passed, and city staff is treating the non-response from other providers as confirmation that those providers have no existing facilities within the Abandonment Area. For the reasons set forth above, staff supports the vacating and abandonment of the Abandonment Area for no compensation.