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AGENDA ITEM REVIEW FORM |
6.C.
Regular City Council Meeting
- Meeting Date:
- 10/14/2020
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Resolution
Resolution
ITEM:
Discussion and possible action on any and all matters regarding Resolution No. 2143. A resolution of the Mayor and City Council of the City of San Luis, Arizona, relinquishing Friendship Park (6.46 Acres) to the United States of America; repealing any conflicting provision; and providing for severability. (Kay Marion Macuil, City Attorney)
SUMMARY:
On December 20, 2019, the U.S. Congress and the U.S. President approved $152.4 million to build improvements to the San Luis, Arizona Land Port of Entry 1 (POE-1). The Federal General Services Administration (GSA) is moving forward with the project and will need the land of Friendship Park to build the Port. The Bureau of Land Management (BLM) requested this resolution. It will correct the legal description in the record.
Order of Events
On November 8, 1972, BLM filed a plat which included the future area of Friendship Park.
On September 4, 1979, the City of San Luis incorporated.
On December 16, 1983, the Federal Government transferred land for recreational purposes to the City of San Luis though a patent, the land of Friendship Park.
On March 2, 2010, the Federal Bureau of Land Management (BLM) filed a plat amending the lots for Friendship Park, based on a survey BLM conducted in anticipation of needing a portion of Friendship Park for the Port of Entry safety improvements.
On February 23, 2011, City Council passed Resolution No. 920, relinquishing part of Friendship Park. However, staff had used the patent legal description, perhaps unaware of the BLM survey and amendment to the legal description.
GSA and BLM approved Resolution No. 2126 that city staff proposed for relinquishing the remainder of Friendship Park.
On April 22, 2020, City Council passed Resolution No. 2126 to relinquish the remainder of Friendship Park.
At the end of September, GSA asked the City Attorney when City Council would be relinquishing Friendship Park. The City Attorney informed GSA that City Council relinquished it on April 22, 2020, and emailed Resolution No. 2126 to GSA. GSA shared it with BLM staff. This time, BLM staff sent the City Attorney a draft resolution using the legal description from the amended plat dated March 2, 2010.
Today, staff submits to City Council Resolution No. 2143, which staff took from the BLM draft resolution.
Staff Recommendation
Staff recommends the approval of this resolution.
Order of Events
On November 8, 1972, BLM filed a plat which included the future area of Friendship Park.
On September 4, 1979, the City of San Luis incorporated.
On December 16, 1983, the Federal Government transferred land for recreational purposes to the City of San Luis though a patent, the land of Friendship Park.
On March 2, 2010, the Federal Bureau of Land Management (BLM) filed a plat amending the lots for Friendship Park, based on a survey BLM conducted in anticipation of needing a portion of Friendship Park for the Port of Entry safety improvements.
On February 23, 2011, City Council passed Resolution No. 920, relinquishing part of Friendship Park. However, staff had used the patent legal description, perhaps unaware of the BLM survey and amendment to the legal description.
GSA and BLM approved Resolution No. 2126 that city staff proposed for relinquishing the remainder of Friendship Park.
On April 22, 2020, City Council passed Resolution No. 2126 to relinquish the remainder of Friendship Park.
At the end of September, GSA asked the City Attorney when City Council would be relinquishing Friendship Park. The City Attorney informed GSA that City Council relinquished it on April 22, 2020, and emailed Resolution No. 2126 to GSA. GSA shared it with BLM staff. This time, BLM staff sent the City Attorney a draft resolution using the legal description from the amended plat dated March 2, 2010.
Today, staff submits to City Council Resolution No. 2143, which staff took from the BLM draft resolution.
Staff Recommendation
Staff recommends the approval of this resolution.
- It will correct the record for the legal description of Friendship Park and will relieve the city of responsibility for it.
- It directs staff to complete the land transfer.
- It will allow for the planned improvements to POE-1, reducing wait times at the border and spur economic development for San Luis and the region.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2143.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Although the City will lose its patent to Friendship Park, the improvements to POE-1 and the shorter wait times will make-up for the loss through increased economic opportunities.