Title
Authorization to Convey a Portion of an Undedicated and Closed Alley to 362 North Third LLC by Quit Claim Deed (Ordinance S-49495)
Description
Request to authorize the City Manager, or his designee, to convey a portion of an undedicated and closed alley to 362 North Third LLC by quit claim deed via separate recording instrument.
Report
Summary
Based on an owner's survey of the properties located at 350 and 362 N. 3rd Ave., the west 10-foot strip of land is listed for alley purposes. The title report and Maricopa County records reflect ownership as 362 North Third LLC with no alley encumbrance. The Real Estate Division confirmed that 1) there is no record of a dedicated alley at this location; 2) there is no access from Van Buren and Fillmore streets for an alley between 3rd and 4th avenues; and 3) the owner's survey conflicts with title research, current conditions and public records.
Resolution 17807 abandoned an undedicated but open alley between 3rd and 4th avenues, north of Van Buren Street; however, the legal description for this resolution did not include the portions of the alley in question. A quit claim deed is required to clear a cloud on the title.
Location
West 10 feet within Maricopa County Assessor parcel numbers 111-41-011C and 111-41-009.
Council District: 7
Concurrence/Previous Council Action
Resolution 17807 was adopted Jan. 2, 1991.
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and Development and Finance departments.