Title
Termination of the Public Use Dedications of the Grand Paseo Trail via Plat from Lincoln Drive to the Phoenix Mountains Preserve in the Arizona Biltmore Estates Development (Ordinance S-49083)
Description
Request City Council to terminate the public use dedications of the Grand Paseo trail via plats from Lincoln Drive to the Phoenix Mountains Preserve boundary in the Arizona Biltmore Estates development; further ordering the ordinance recorded.
Report
Summary
In 1975, the City bought land north of Arizona Biltmore Estates to add to the Phoenix Mountains Preserve. At the time, the developer of the adjacent residential subdivision, Arizona Biltmore Estates (ABE), Inc., entered into Use and License Agreement 15484 with the City for certain trails within the Estates boundaries to allow public access to the preserve. The trails were subsequently dedicated to public use by plat.
Biltmore Mountain Estates Owners Association, successor in interest to ABE, and the City executed a Mutual Termination of Use and License Agreement 15484-MTU-0, which sets forth that the trail “...is hereby terminated in its entirety and shall be of no further force or effect whatsoever and all rights, responsibilities and obligations of the parties are extinguished hereby, including but not limited to the public easements over the Trails that are subject of such agreement.”
This action to terminate the public trail dedications via plat map will complete the terms of the termination agreement and allow the current homeowners association to develop areas in and around the Grand Paseo as they see fit within the parameters of the Zoning Ordinance.
The public use dedications to be terminated are:
1) 30 foot wide trail easement dedicated as a public easement via plat 208/14, Maricopa County Recorder (MCR) 19790042745
2) 30 foot wide easement dedicated to the public by plat 316/16, MCR 19870625219
3) 30 foot wide easement dedicated to the public via plat 380/24, MCR 19940551280
Location
North of East Lincoln Drive, east of North Arizona Biltmore Circle and east of North 29th Place.
Council District: 6
Financial Impact
There is no financial impact for this item.
Department
Responsible Department
This item is submitted by Deputy City Managers Alan Stephenson and Inger Erickson, and the Planning and Development and Parks and Recreation departments.