| ITEM #: 4. DATE: 10/28/2024 AI #:2290 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | VACATE A PORTION OF EL CIELO ROAD AND TERMINATE ADJACENT PUBLIC UTILITY EASEMENTS |
| STAFF PRESENTER(S): | Colton Blyle, Real Estate Services Specialist |
SUMMARY
Current landowner has asked the City to vacate and abandon a section of El Cielo Road located within its property and to terminate the public utility easements adjacent to the section of El Cielo being vacated.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT RESOLUTION NO. 2024-2428 DECLARING SECTIONS OF EL CIELO UNNECESSARY FOR PUBLIC ROADWAY, VACATING SUCH SECTIONS OF EL CIELO, AUTHORIZING THE TERMINATION OF PUBLIC UTILITY EASEMENTS ADJACENT TO THE SECTION OF EL CIELO BEING VACATED, PROVIDING FOR THE RECORDATION OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATES OF THE ABANDONMENT AND THE RESOLUTION. (Colton Blyle, Real Estate Specialist)
FISCAL IMPACT
There is no direct fiscal impact from vacating and abandoning the requested section of El Cielo or from the termination of the public utility easement adjacent to section of El Cielo being vacated. There are, however, indirect fiscal impacts that benefit the city in the form of the elimination of responsibility for the section of El Cielo 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 Commercecenter Subdivision No. 2 recorded in the official records of the Maricopa County, Arizona Recorder as Instrument No. 1983 0492562 (the “Commercecenter Plat”) right-of-way for the development of a public roadway to be known as titled El Cielo, which was to provide access to a number of lots created by the Commercecenter 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 Commercecenter 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 El Cielo. Microsoft has asked the City to vacate and abandon a portion of the El Cielo right-of-way located within its property (the “ROW Abandonment Area”) and to terminate the public utility easements adjacent to the section of El Cielo 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 the city-owned public utility improvements that are located within the ROW Abandonment Area are no longer needed and have been capped and abandoned in place. City real-estate staff confirmed that none of the utility and telecommunication providers who are authorized to install facilities within city right-of-way do not have any infrastructure within the ROW Abandonment Area or the PUE Termination Area. Accordingly, staff is recommending that Council approve Resolution 2024-2428, 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 once the city receives a public utility easement for the area adjacent to the new boundaries of El Cielo.