10.E.
City Council Meeting - FINAL
- Meeting Date:
- 02/16/2021
- From:
- Bryce Doty, Real Estate Manager
Information
TITLE:
Consideration of Consent: APS Easement on Veteran's Home property (McMillan Mesa)
STAFF RECOMMENDED ACTION:
Approve Consent to the Easement between APS and the State of Arizona
Executive Summary:
In 2016, the City of Flagstaff conveyed to the State of Arizona a parcel on McMillan Mesa for use as a Veteran's home. The conveyance is subject to the condition that the State of Arizona may not sell, convey, lease, or encumber the property without prior approval of the City Council. APS requires an easement on the property in order to fully service the Veteran's home. The State of Arizona and APS are seeking the City Council's consent to the easement.
Financial Impact:
None
Policy Impact:
None
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Priority Based Budget Key Community Priorities and Objectives
Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system
Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system
Has There Been Previous Council Decision on This:
None
Options and Alternatives:
Option 1: Consent to an easement
Option 2: Withhold consent to the easement, denying electric services to the Arizona Veteran's Home as currently constructed
Option 2: Withhold consent to the easement, denying electric services to the Arizona Veteran's Home as currently constructed
Background and History:
On December 6th, 2016 the Flagstaff City Council passed and adopted Ordinance No. 2016-41, authorizing the conveyance of approximately ten (10) acres of land on McMillan Mesa to the State of Arizona for the construction and operation of a veterans’ home. The resulting deed, attached, provides that title to the property will revert back to the City of Flagstaff should any of the following occur:
1.If property ceased to be used as a Veterans’ Home
1.If property ceased to be used as a Veterans’ Home
2. Grantee sells, conveys, leases, or encumbers the property without the prior approval of the Flagstaff City Council
3.Grantee ceases to operate the Veterans’ Home on the Property
4.Veterans’ Home is not initially constructed with a minimum of sixty (60) beds
5.The Veterans’ Home exceeds two (2) stories in height and/or thirty-five (35) feet above natural grade6. The Veterans’ Home fails to comply with City of Flagstaff Outdoor Lighting Standards
Therefore, per the second clause, the State of Arizona is asking the Flagstaff City Council to consent to grant an easement to APS. Should title ever revert back to the City of Flagstaff, the easement will still be needed to serve the building.