ITEM #: 4. DATE: 03/20/2023 AI #:1381 |
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CITY COUNCIL ACTION REPORT
SUBJECT: |
DECLARATION OF RIGHT-OF-WAY AND CONVEYANCE OF REMNANT PROPERTY ADJACENT TO PROPERTY AT THE SOUTHWEST CORNER OF W. ELWOOD STREET AND S. COTTON LANE |
STAFF PRESENTER(S): |
Sarah Chilton, Deputy City Attorney |
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SUMMARY |
Declare a portion of a ten-foot (10’) strip of property located on the south side of W. Elwood Street west of S. Cotton Lane as public right-of-way and dispose of the remainder of the ten-foot (10’) remnant strip, which has no beneficial use for the City by conveying it, by quit claim deed, to the adjacent property owner. |
RECOMMENDATION |
1. ADOPT RESOLUTION NO. 2023-2298
AUTHORIZING THE ESTABLISHMENT OF PUBLIC RIGHT-OF-WAY FOR THE DEVELOPMENT OF A PORTION OF S. COTTON LANE; REQUIRING RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE.
2. ADOPT RESOLUTION NO. 2023-2299
APPROVING AND AUTHORIZING EXECUTION OF A QUIT CLAIM DEED CONVEYING A REMNANT PARCEL TO COTTON LAND COMMERCE PARK, LLC; AND PROVIDING FOR AN EFFECTIVE DATE.
(Sarah Chilton, Deputy City Attorney) |
FISCAL IMPACT |
The proposed declaration of right-of-way and the proposed conveyance of property as described will not have a direct fiscal impact on the City. The property to be conveyed has a nominal value at best because it cannot be developed by the City for any beneficial use. Its conveyance would eliminate the City’s ongoing maintenance responsibility for the property and a public utility easement will be granted to the City by the property owner. The property to be declared public right-of-way is needed for the widening of S. Cotton Lane, which will occur with the development of the adjacent property. |
BACKGROUND AND PREVIOUS ACTIONS |
In December 2007, the City of Goodyear purchased approximately 90 acres of property from El Cidro Ranch, LLC, with the intent of preserving it for the expansion of State Route 303. As the property owner, the City has been responsible for its maintenance. A portion of the property acquired by the City of Goodyear is located adjacent to the south side of W. Elwood Street west of S. Cotton Lane and includes an approximate ten-foot (10’) strip of land between W. Elwood Street and the northern boundary of property owned by Cotton Land Commerce Park, LLC, a Delaware limited liability company, located at the southwest corner of W. Elwood Street and S. Cotton Lane (the “Cotton Lane Commerce Park Property”). Cotton Land Commerce Park, LLC is seeking to develop its property located at this location. In connection with the development of the Cotton Lane Commerce Park Property, Owner is required to widen S. Cotton Lane, which requires the City to declare a portion of the ten-foot (10’) strip described above as public right-of-way. The development of the Cotton Lane Commerce Park Property also requires access to W. Elwood Street over the 10’ strip and the installation of utilities within the 10’ strip. In addition, public utility easements would normally be located within this 10’ strip adjacent to the W. Elwood Street right-of-way. |
STAFF ANALYSIS |
To allow for the widening of S. Cotton Lane at the southwest corner of W. Elwood Street and S. Cotton Lane, staff is recommending the adoption of Resolution 2023-2298, declaring a portion of the ten-foot (10’) strip as public right-of-way. Staff is further recommending the adoption of Resolution 2023-2299 authorizing the conveyance of the remainder of the ten-foot (10’) strip to Cotton Land Commerce Park, LLC, a Delaware limited liability company. The remainder of the ten-foot (10’) strip is less than 5000 square feet. It is not needed for the W. Elwood Street improvements and is of no value to the City, as the City cannot develop it for any beneficial use. The remainder of the ten-foot (10’) strip is essentially a remnant parcel. Rather than encumber the remnant parcel with multiple easements, which would otherwise be needed for the development of Cotton Lane Commerce Park Property, it is in the best interests of the City of Goodyear to convey, by Quit Claim Deed, at no cost, its interest in the remnant parcel to the adjacent property owner, Cotton Land Commerce Park, LLC (the “Owner”). The remnant parcel will be combined with the Cotton Lane Commerce Park Property, generally located at the southwest corner of W. Elwood Street and S. Cotton Lane. The Owner will dedicate a public utility easement to the City when the adjacent property is subdivided. The conveyance of the remnant parcel benefits the City in that it eliminates an ongoing maintenance responsibility. |
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