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AGENDA ITEM REVIEW FORM |
10.A.
Regular City Council Meeting
- Meeting Date:
- 06/10/2020
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Order
Order
ITEM:
Discussion and possible action on any and all matters regarding Order No. 2020-11B. An order of the Mayor and City Council of the City of San Luis, Arizona, amending Council orders numbered 2020-11 and 2020-11A authorizing and directing the acquisition of all property necessary for the completion of the construction of a portion of County 23½ Street within the City of San Luis by dedication, donation, purchase, exchange, or under the power of eminent domain as a matter of public necessity. (Kay Marion Macuil, City Attorney)
SUMMARY:
Background
Many new residential subdivisions have been going in south of the County 23rd Street alignment, east of Ave F and west of Avenue E.
Santa Cecilia 4 is one of them. As part of the requirements for Santa Cecilia 4, Nicklaus Engineering, Inc. conducted a traffic study and determined that the development of County 23½ Street to connect to Avenue E is necessary for public health and safety due to residential growth in the area (the "Project").
In order to obtain some of the land necessary to construct the County 23½ Street Project, the city obtained an appraisal for the land and made an offer to buy the land based on the appraisal. The was no response to the offer, so the city filed an eminent domain case in Yuma County Superior Court. The landowner has filed a motion to dismiss claiming the offer was based on a 30-foot -wide road, while all other documentation in the case is for a 40-foot-wide road.
If during the progression of the court case it becomes a choice of (1) a delay to secure an order for the city to possess the land for a 40-foot-wide road or (2) obtaining an order for immediate possession for a lesser amount of land, this order would authorize staff to accept an order for the lesser amount of land. This order amends the prior City Council orders concerning this matter. Specifically, on April 1, 2020, the Mayor and City Council passed and adopted Order No. 2020-11, authorizing the acquisition of property for right of way for the construction and development of County 23 ½ from the subdivision known as Santa Cecilia No. 4 to Ave. E in the City of San Luis through an eminent domain action if necessary. On May 13, Council corrected an error in the legal description in Order No. 2020-11 by approving Order No. 2020-11A. Staff was alerted to the fact that the quadrant "Southeast Quarter" was mentioned twice when the legal description should have only mentioned that quadrant once.
Many new residential subdivisions have been going in south of the County 23rd Street alignment, east of Ave F and west of Avenue E.
Santa Cecilia 4 is one of them. As part of the requirements for Santa Cecilia 4, Nicklaus Engineering, Inc. conducted a traffic study and determined that the development of County 23½ Street to connect to Avenue E is necessary for public health and safety due to residential growth in the area (the "Project").
In order to obtain some of the land necessary to construct the County 23½ Street Project, the city obtained an appraisal for the land and made an offer to buy the land based on the appraisal. The was no response to the offer, so the city filed an eminent domain case in Yuma County Superior Court. The landowner has filed a motion to dismiss claiming the offer was based on a 30-foot -wide road, while all other documentation in the case is for a 40-foot-wide road.
If during the progression of the court case it becomes a choice of (1) a delay to secure an order for the city to possess the land for a 40-foot-wide road or (2) obtaining an order for immediate possession for a lesser amount of land, this order would authorize staff to accept an order for the lesser amount of land. This order amends the prior City Council orders concerning this matter. Specifically, on April 1, 2020, the Mayor and City Council passed and adopted Order No. 2020-11, authorizing the acquisition of property for right of way for the construction and development of County 23 ½ from the subdivision known as Santa Cecilia No. 4 to Ave. E in the City of San Luis through an eminent domain action if necessary. On May 13, Council corrected an error in the legal description in Order No. 2020-11 by approving Order No. 2020-11A. Staff was alerted to the fact that the quadrant "Southeast Quarter" was mentioned twice when the legal description should have only mentioned that quadrant once.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE ORDER NO. 2020-11B AS PRESENTED.
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):
Order 2020-11A Corrects the legal description given in Order 2020-11. There is no fiscal impact to this action.