3. ORD ROW Exchange: The Palms RV Resort Development

ORDINANCE NO. O2026-012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUMA, ARIZONA, ACCEPTING A CORRECTED WARRANTY DEED FOR THE EAST HALF OF MICHIGAN AVENUE; DECLARING THE SOUTH 20 FEET OF 32ND STREET (9,440 SQUARE FEET) AND A 300-SQUARE-FOOT CORNER TRIANGLE OF RIGHT-OF-WAY AS SURPLUS; VACATING THE SURPLUS 20-FOOT RIGHT-OF-WAY EASEMENT AND CORNER TRIANGLE TO THE ABUTTING PROPERTY OWNER UPON THE RECORDING OF A DEED RESERVING A 20-FOOT UTILITY EASEMENT FOR WATER, SANITARY SEWER AND OTHER PUBLIC PURPOSES; AND AUTHORIZING AN EXCHANGE OF THE SURPLUS RIGHT-OF-WAY FOR THE UNDERLYING FEE TITLE TO THE 80-FOOT 32ND STREET RIGHT-OF-WAY  DESCRIBED IN THIS ORDINANCE

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

WHEREAS, in order to correct a defective Special Warranty Deed recorded as Yuma County Recorder’s Fee # 2007-33532, The Palms RV Resort Development, Inc.  will re-record a warranty deed to the City for the Michigan Avenue right-of-way, described in Exhibit A and shown on Location Map No. 1; and,

WHEREAS, The Palms RV Resort Development, Inc. is the fee title owner of the south half (100 feet) of 32nd Street, and the City holds a right-of-way easement originally acquired by the State of Arizona Highway Department and transferred to the City; and,

WHEREAS, in exchange for vacating the south 20 feet of the City’s 32nd Street right-of-way easement (with the City reserving a 20-foot utility easement) and a portion of the existing corner triangle at 32nd Street and Michigan Avenue, both of which are described in Exhibit B and shown in Location Map No. 2 , The Palms RV Resort Development, Inc. will deed fee title to the City of the remaining (north) 80 feet of 32nd Street, together with a new corner triangle for Michigan Avenue, as described in Exhibit C  and shown in Location Map No. 1; and,

WHEREAS, the exchange of the above-described properties will result in the City acquiring fee title to land necessary for the Michigan Avenue and 32nd Street public roadway, while maintaining a utility easement in the vacated 20 feet of right-of-way for water, sanitary sewer, and other related public uses.

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

SECTION 1: It is deemed necessary and essential, as a matter of public necessity and public welfare, that fee title to certain real property described in Exhibits A and C, be acquired by the City of Yuma in exchange for vacating the right-of-way easement and corner triangle described in Exhibit B (while maintaining a utility infrastructure easement in the vacated right-of way), as such acquisitions are in the public interest and will provide a public benefit.

SECTION 2: The portion of the City-owned 32nd Street right-of-way easement described in Exhibit B is hereby declared surplus to the needs of the City and public use and shall be vacated to the abutting property owner in accordance with Arizona Revised Statutes § 28-7205(2), upon the recording of a deed conveying to the City of Yuma the underlying fee simple title to the real property described in Exhibits A and C.

SECTION 3: The City’s vacating of the surplus property shall be complete upon the recording of a deed of conveyance from the City to The Palms RV Resort Development, Inc., and shall reserve a municipal utility infrastructure easement in favor of the City.  

SECTION 4: The disbursing officer of the City of Yuma is authorized and directed to pay all costs necessary to acquire the described property, together with recording fees and other costs necessary for acquisition of the described property.

Adopted this ______ day of ____________________, 2026.

		APPROVED:


							_________________________
							Douglas J. Nicholls
					Mayor

	ATTESTED:


	_________________________
	Lynda L. Bushong
	City Clerk

	APPROVED AS TO FORM:	

						
	_________________________
	Richard W. Files
	City Attorney

EXHIBIT A
That portion of the Northwest quarter of the Northeast quarter of the Northeast quarter of Section 9, Township 9 South, Range 22 West of the Gia and Salt River Base and Meridian, Yuma County, Arizona, more particularly described as follows:

Beginning at the Northeast corner of the Northwest quarter of said section 9.

Thence South 89°47'10" West along the North line of the Northeast quarter of said Section 9 a distance of 1,332.01 feet to the northwest comer of the Northwest quarter of the Northeast quarter of the Northeast quarter of said Section 9;

Thence South 00°10'36" East along the West line of the Northwest quarter of the Northeast quarter of the Northeast quarter of said Section 9 a distance of 100.00 feet to a point on the southerly right-of-way line of U.S. Highway 80 and the TRUE POINT OF BEGINNING;
 
Thence continuing South 00°10'36" East along the West line of the Northwest quarter of the Northeast quarter of the Northeast quarter of said Section 9 a distance of 559.76 feet to the southwest corner of the Northwest quarter of the Northeast quarter of the Northeast quarter of said Section 9;

Thence North 89°49'57 East along the South line of the Norwest quarter of the Northeast quarter of the Northeast quarter of said Section 9 a distance of 29.00 feet;

Thence North 00°10'36" West parallel with and 29.00 feet easterly of the West line of the Northwest quarter of the Northeast quarter of the Northeast quarter of said Section 9 a distance of 534.79 feet;

Thence North 44°48'17" East a distance of 35.37 feet to point on the southerly right-of-way line of U.S. Highway 80;

Thence South 89°47'10" West along the southerly right-of-way line of U.S. Highway 80 a distance of 54.00 feet to a point on the West line of the Northwest quarter of the Northeast quarter of the Northeast quarter of said Section 9 and the TRUE POINT OF BEGINNING;

Said parcel contains 16,545 square feet, more or less.

Description Verified By:

City Engineering Department
Date 3/5/2025


EXHIBIT B 



EXHIBIT C