| ITEM #: 7. DATE: 04/28/2025 AI #:2602 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | VACATE AND ABANDON CERTAIN RIGHT OF WAY LOCATED NORTH OF INDIAN SCHOOL ROAD AND EAST OF SOUTH CITRUS ROAD |
| STAFF PRESENTER(S): | Colton Blyle, Real Estate Specialist |
OTHER PRESENTER(S):
Gerardo Villarraga, Civil Engineer
SUMMARY
The current landowner has requested the City to vacate and abandon a portion of unimproved right of way located along the mid-section line within section 23, township 2 north, range 2 west. City staff supports the abandonment.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT RESOLUTION NO. 2025-2461 VACATING AND ABANDONING A PORTION OF RIGHT-OF-WAY LOCATED ALONG THE MID SECTION LINE WITHIN SECTION 23, TOWNSHIP 2 NORTH, RANGE 2 WEST. (Colton Blyle, Real Estate Specialist)
FISCAL IMPACT
There is no direct fiscal impact from vacating and abandoning the requested portion of unimproved right-of-way located along the mid-section line within section 23, township 2 north, range 2 west being vacated. There are, however, indirect fiscal impacts that benefit the City in the form of the elimination of responsibility for the right-of-way 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.
BACKGROUND AND PREVIOUS ACTIONS
On November 5, 1927 by that certain document titled “Unit No. 52 of Romola of Arizona Grape Fruit Unit” recorded in the official records of the Maricopa County, Arizona Recorder at book 17 page 28, certain right-of-way located within Section 23, Township 2 North Range 2 West, was dedicated to Maricopa County for public highways. (Section 23, Township 2 North Range 2 West is the section located on the northeast corner of W. Indian School Road and N. Citrus Road.) The right-of-way was annexed into the city of Goodyear by Ordinance 89-284 adopted by the Goodyear City Council on April 8, 1989, recorded in the official records of the Maricopa County, Arizona Recorder as Instrument 89-389274. Gehan Homes of Arizona LLC, which owns the land adjacent to and surrounding this section of right-of-way has asked the City to abandon the right-of-way legally described in Attachment A, as Exhibits “A” and "B" to Resolution 2025-2461 (the “Abandonment Area”) to facilitate its plans for the development of the property.
STAFF ANALYSIS
The Abandonment Area has not been improved and has not been used by the public as a roadway. Staff have determined that the Abandonment Area will not be developed as a public street when the adjacent property develops and is not needed for public right-of-way. City real-estate staff contacted all utility and telecommunication providers who have agreements that would allow them to install facilities within City right-of-way regarding the request to vacate and abandon the Abandonment Area asking whether they had facilities in the area. The utility and telecommunication providers were told the City would treat their failure to respond within the deadline provided as confirmation that the provider had no facilities within the Abandonment Area. Staff received confirmations from certain utility and telecommunication providers that the providers have no facilities within the Abandonment Areas, and staff is treating the non-response from other providers as confirmation that those providers have no existing facilities within the Abandonment Area.
Accordingly, staff is recommending that Council approve and adopt Resolution 2025-2461 (included as Attachment A), which finds the right-of-way Abandonment Area as being unnecessary for public roadway purposes and vacates the right-of-way Abandonment Area.
Accordingly, staff is recommending that Council approve and adopt Resolution 2025-2461 (included as Attachment A), which finds the right-of-way Abandonment Area as being unnecessary for public roadway purposes and vacates the right-of-way Abandonment Area.