Consideration and Adoption of Ordinance No. 2016-02:  An ordinance authorizing the acquisition and dedication of rights of way and easements for the realignment and improvement of Industrial Drive.   (Dedication of right-of-way for improvements to Industrial Drive). 

Ordinance No. 2016-02 authorizes the purchase and dedication of rights-of-way and easements for the realignment and improvement of Industrial Drive from Nestle Purina Drive to the underpass of the US Interstate 40 Interchange.   This is phase 2 of the improvements and realignment and includes utility relocation, drainage improvements, edge improvements and paving among others.  There are two owners who have land necessary for the improvements.  The acquisition from Nestle Purina was authorized in a development agreement and has been completed and recorded.  The easements from Property Development Group, LLC  were provided in 2015, a purchase contract was executed for the rights-of way, and the capital improvements work was accomplished.  However, due to scheduling issues and compensation concerns between Property Development Group, LLC and Arizona Public Service the actual acquisition was delayed through mutual agreement.  After the issues were resolved escrow was opened and it was determined that the previous authorizations had not extended to the rights-of-way needed from Property Development Group, LLC.  Ordinance 2016-02 allows for the voluntary purchase of the rights needed.  As mentioned the work has already been accomplished.  Please see attached recorded survey for a description of the specific easements and rights-of way.

The purchase contract is for $13,242 for all required properties.  This is approximately $4.00 per square foot for the rights-of way.  Not approving the ordinance could result in expenses related to addressing the areas where improvements have been made.
 

COUNCIL GOALS:
3) Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics
REGIONAL PLAN:
Goal PF.2 - Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient manner to serve all population areas and demographics. 

Council has approved the capital improvements plan as a part of the budget which authorized this project.  Additionally, Section 9 of the First Amendment to the Development Agreement with Nestle Purina, approved and recorded in 2008, provides for the acquisition of parts of the required rights of way and easements for the realignment of Industrial Drive. Additionally, discussion and first reading of this ordinance was held at the January 5, 2016, Council meeting.

1) Approve Ordinance 2016-02 which authorizes the necessary acquisitions.  Pro:  This allows for the acquisitions required for a budgeted capital improvements project and addresses the issue that in this situation the improvements have already been made.  Cons:  No cons.

2) Not approve Ordinance 2016-02 and not authorize the necessary acquisitions.  Pro:  No positives are currently clear for this course of action.  Cons:  Eliminates the ability to receive the land necessary for the approved capital project and generates an issue regarding land rights and improvements. 

Inform