Title
Resolution to Extinguish an Easement Located at 36 West Holly St. (Resolution 22192)
Description
Adoption of a resolution authorizing the City Manager, or his designee, to terminate and extinguish any public access easement across the property located at 36 West Holly St. (Site). There is no impact to the General Fund as a result of this action.
Report
Summary
In 2006, the Human Services Department purchased the approximately 24,000 square foot property that includes both 36 and 48 West Holly St. Located in Midtown Phoenix near the Willo Neighborhood, the Site was purchased as part of the acquisition of the Central Avenue office building that houses the Family Advocacy Center and Childhelp, for the future development of parking. Parking was the only permitted use of the Site under the existing zoning. The need for parking did not materialize and in April 2018, the Community and Economic Development Department issued the Holly Street Parcels Sale and Development Request for Proposals (RFP) seeking proposals to develop the Site.
In response to the RFP, five proposals were received, and in April 2019, City Council authorized a development agreement with JAG Development, LLC and Studio Ma, Inc. (Developer) for the development of six two-story, single family attached homes. The Site was subsequently rezoned to Walkable Urban Code to facilitate the development. Through due diligence, it was discovered that a "community or public drive" along the eastern eight feet of the Site was offered by a previous owner via a warranty deed dated Feb. 25, 1925 (1925 Deed) (Attachment A). Although City records do not demonstrate an acceptance of any dedication made by the 1925 Deed, questions regarding public easements created by the 1925 Deed are impacting the marketable title of the Site.
Financial Impact
There is no impact to the General Fund as a result of this action.
Location
36 West Holly St.
Council Districts: 4
Department
Responsible Department
This item is submitted by Deputy City Managers John Chan and Gina Montes, and the Community and Economic Development and Human Services departments.