Consideration of a Resolution No. 2013-06:  Abandoning a portion of a public ingress and egress easement located at Pulliam Airport Airpark, a part of Track 5B near Shamrell Blvd.

• The parcel which is encumbered by this easement, is currently under a ground lease with an expectation to develop by a certain date.  Through the abandonment of this easement, the developer will be able to continue with the scheduled development plans.
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• Council decision is to abandon a 16-foot wide ingress/ egress easement located on a City-owned parcel (see map attached).  The abandonment of this easement is necessary for the continued development of this parcel.  Alternative points of ingress and egress have been made.

 

• Decision Points:  Abandoning a portion of the easement will remove the City from any liability or maintenance of this area and allow for continued development.

There is no immediate financial implication to the City. However, through this abandonment, development of this parcel will be made possible and additional lease revenues will be generated.

5. Retain, expand, and diversify economic base

No previous decision has been made by the current City Council on this specific item, although in October of 1998, a previous Council approved an agreement that outlined expectations of Pulliam LLC's development at this location.

• The Council may approve the abandonment request, allowing for the continued development of this parcel
• The Council may deny the abandonment request, and ask for a review of the site plan prior to making a determination.

In October 1998, Pulliam LLC entered into a lease agreement with the City for the lease of 32 acres located at the Pulliam Airpark. One term of this lease was that Pulliam LLC, is expected to meet certain development criteria, as outlined in the lease. This abandonment of the easement will allow for the completion of development, thus meeting the criteria outlined in the lease.

This abandonment of the easement will allow for the development required per the lease agreement between the City and Pulliam LLC. Alternative points of ingress and egress will be provided per City Code.  Both Rick Barrett, City Engineer, and Erik Solberg, Public Works Director, have approved this easement abandonment.

A.R.S. Sec. 28-7201, et seq. provides that a city may dispose of a public roadway or portion thereof that is no longer necessary for public use.
 

Approving an abandonment of the easement will allow Pulliam LLC to fulfill their contractual obligation to develop this parcel, as well as generate lease dollars for the Airpark.