Title
Acceptance and Dedication of an Assignment of Right-of-Way (16-122009) for Roadway and Underground Utility Purposes (Ordinance S-48600)
Description
Request for the City Council to accept right-of-way from Arizona State Land Department for roadway and underground utilities and to dedicate the land to public use for roadway and underground utility purposes; further ordering the ordinance recorded.
Additionally, request the City Council to grant an exception pursuant to Phoenix City Code section 42-20 to authorize inclusion in the documents pertaining to this transaction of indemnification and assumption of liability provisions that otherwise would be prohibited by Phoenix City Code section 42-18, as the Arizona State Land Department's documents include such provisions.
Report
Summary
ZT 56TH STREET AT 101 NE OWNER, LLC, acquired approximately 1.37 acres of right-of-way for roadway and underground utilities from the Arizona State Land Department on the east half of 56th Street between City North Drive and State Route 101. As a condition of the right-of-way acquisition, ZT 56TH STREET AT 101 NE OWNER, LLC is required to assign and transfer all title and interest of the right-of-way to the City. The Street Transportation Department has agreed to accept and maintain the right-of-way which includes the roadway and underground utilities. The right-of-way is further described in the legal description to be recorded with the ordinance.
Financial Impact
There is no financial impact to the City of Phoenix as the right-of-way and all fees associated with this transaction were paid by ZT 56TH STREET AT 101 NE OWNER, LLC.
Location
East half of 56th Street between City North Drive and State Route 101.
Council District: 2
Department
Responsible Department
This item is submitted by City Manager Jeffrey Barton, Deputy City Manager Mario Paniagua and the Street Transportation and Finance departments.