1. ORD ROW Conveyance: Las Palmeras Subdivision

ORDINANCE NO. O2026-026

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUMA, ARIZONA, DECLARING CERTAIN CITY-OWNED REAL PROPERTY DESCRIBED IN EXHIBIT A SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING ITS CONVEYANCE BY QUITCLAIM DEED TO YUMA COUNTY FOR PUBLIC RIGHT-OF-WAY PURPOSES ASSOCIATED WITH THE LAS PALMERAS SUBDIVISION

WHEREAS, the City is authorized pursuant to Article III, Section 2 of the City Charter to acquire and dispose of real property; and,

WHEREAS, the applicant for the Las Palmeras subdivision, located in unincorporated Yuma County, requested City of Yuma water and sewer service; and,

WHEREAS, in connection with the requested utility service, the applicant entered into a pre-annexation development agreement recorded on July 12, 2007, as Yuma County Recorder Fee No. 2007-24949, which required development in accordance with City of Yuma construction standards and dedication of right-of-way to the City; and,

WHEREAS, the construction plans were reviewed under a coordinated City of Yuma and Yuma County review process and were approved by the applicable reviewing entities; and,

WHEREAS, the right-of-way was conveyed to the City by Warranty Deed, dated July 22, 2009, and recorded as Yuma County Recorder Fee No. 2009-20264; and,

WHEREAS, the real property constituting the right-of-way is legally described in Exhibit A, attached to and incorporated into this ordinance; and,

WHEREAS, Yuma County has requested ownership of the right-of-way so that Yuma County may own, operate, and maintain the right-of-way located within its jurisdiction; and,

WHEREAS, the right-of-way is not needed for an independent City right-of-way purpose and should be declared surplus to the needs of the City, subject to the reservation of any easements for existing City water and sewer; and,

WHEREAS, conveyance of the right-of-way to Yuma County by quitclaim deed will place ownership and maintenance responsibility with the governmental entity having jurisdiction and will serve the public interest.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Yuma as follows:

SECTION 1: The real property described in Exhibit A, attached to and incorporated into this ordinance, is declared surplus to the needs of the City of Yuma, subject to the reservation of any easements for City water and sewer.

SECTION 2: The conveyance of the real property described in Exhibit A to Yuma County for public right-of-way purposes is approved, and the City Administrator is authorized to execute and record a quitclaim deed, in a form approved by the City Attorney, and to execute any related documents necessary to complete the conveyance.

SECTION 3: The quitclaim deed may include reservations, conditions, covenants, or other provisions determined necessary or appropriate by the City Attorney and City Engineer to protect existing water and sewer mains, and water laterals, and access rights within the conveyed property.

SECTION 4: Upon acceptance and recordation of the quitclaim deed, Yuma County shall hold the conveyed property for public right-of-way purposes and shall be responsible for ownership and maintenance of the right-of-way within its jurisdiction, subject to the terms of the recorded quitclaim deed.

SECTION 5: If any provision of this ordinance is held invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.

Adopted this __ day of ___________________, 2026.

						APPROVED:

											
						Douglas J. Nicholls
						Mayor
ATTESTED:

				
Janet L. Pierson
City Clerk



APPROVED AS TO FORM:
				
Richard W. Files
City Attorney










EXHIBIT A — LEGAL DESCRIPTION

That portion of lot 45 of MARABLE-VAUGHN SUBDIVISION as recorded in Book 2 of Subdivision Plats, Page 37, dated December 6th, 1927 at the Office of the Yuma County Recorder; and being part of the Northeast quarter of the Southwest quarter of Section 19, Township 8 South, Range 23 West of the Gila and Salt River Base and Meridian, City of Yuma, Yuma County, Arizona, more particularly described as follows:
Commencing at the Northeast Corner of said Lot 45 and that point being the True Point of Beginning;
Thence North 89° 56' 00" West along the North line of said Lot 45 a distance of 19.00 feet;
Thence South 00° 05' 20" East along a line that is parallel with and 19.00 feet West of the East line of said Lot 45 also being the West right-of-way line of Vaughn Avenue a distance of 83.24 feet;
Thence South 44° 59' 20" West a distance of 35.31 feet;
Thence North 89° 56' 00" West along a line that is parallel to and 108.24 feet South of the North Line of said Lot 45 a distance of 489.13 feet;
Thence North 84° 56' 00" West a distance of 87.23 feet to a point on the West line of said Lot 45;
Thence South 00° 05' 20" East along the West line of said Lot 45 a distance of 58.24 feet;
Thence South 84° 56' 00" East a distance of 84.53 feet;
Thence South 89° 56' 00" East along a line that is parallel to and 166.24 feet South of the North Line of said Lot 45 a distance of 491.82 feet;
Thence South 45° 00' 40" East a distance of 35.40 feet;
Thence South 00° 05' 20" East along a line that is parallel to and 19.00 feet West of the East line of said Lot 45 a distance of 108.25 feet to a point that lies on the South line of said Lot 25;
Thence South 89° 57' 14" East along the South line of said Lot 45 a distance of 19.00 feet to the Southeast corner of said Lot 45;
Thence North 00° 05' 20" West along the East line of said Lot 45, also being the West right-of-way line of Vaughn Avenue a distance of 299.48 feet to the True Point of Beginning.
Containing 41,196.10 square feet or 0.946 acres, more or less.