| ITEM #: 10. DATE: 02/28/2022 AI #:704 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | TERMINATION AND RELEASE OF A WATER LINE EASEMENT ASSOCIATED WITH THE FINAL PLAT FOR AIRPARK LOGISTICS CENTER |
| STAFF PRESENTER(S): | Linda Beals, Real Estate Coordinator |
SUMMARY
Approval of the termination and release of a Water Line Easement associated with the Final Plat for Airpark Logistics Center.
Recommendation
Approve the Termination and Release of Easement for the Water Line Easement located southeast of Bullard Avenue and Yuma Road. (Linda Beals, Real Estate Coordinator)
FISCAL IMPACT
There will be no fiscal impact to the city in the fiscal year 2022 or future years related to the termination and release of this easement.
BACKGROUND AND PREVIOUS ACTIONS
On or about September 23, 2001, the City accepted a Water Line Easement from SunChase Estrella Limited Partnership, a Delaware limited partnership, which was recorded in the official records of Maricopa County on October 1, 2001, as Instrument Number 2001-0908605 (“Water Line Easement”).
This Water Line Easement was provided to the City to facilitate the delivery of remediated water from the Goodyear Tire and Rubber (“PGA-S”) remediation well to the City’s Well Site #11 to incorporate the remediated water into the City’s domestic water system.
The water line was never constructed connecting the PGA-S remediation well and the City’s Well Site #11. Further, staff has confirmed that there are no current or future plans to construct the water line. The Waterline Easement currently bisects the property located within the Final Plat for Airpark Logistics approved by Council on January 24, 2022. The plat approval included a stipulation that no building permits will be issued for any structure located in whole or in part over any area subject to the Water Line Easement until such easement has been terminated.
CIP 18 CRE City Center Airpark Owner LLC, a Delaware limited liability company as the landowner and developer has requested the termination of the Water Line Easement, as required by the stipulations included in the approval for the Final Plat for Airpark Logistics Center.
This Water Line Easement was provided to the City to facilitate the delivery of remediated water from the Goodyear Tire and Rubber (“PGA-S”) remediation well to the City’s Well Site #11 to incorporate the remediated water into the City’s domestic water system.
The water line was never constructed connecting the PGA-S remediation well and the City’s Well Site #11. Further, staff has confirmed that there are no current or future plans to construct the water line. The Waterline Easement currently bisects the property located within the Final Plat for Airpark Logistics approved by Council on January 24, 2022. The plat approval included a stipulation that no building permits will be issued for any structure located in whole or in part over any area subject to the Water Line Easement until such easement has been terminated.
CIP 18 CRE City Center Airpark Owner LLC, a Delaware limited liability company as the landowner and developer has requested the termination of the Water Line Easement, as required by the stipulations included in the approval for the Final Plat for Airpark Logistics Center.
STAFF ANALYSIS
City staff has concluded that the Water Line Easement is not required for current or future use, therefore we are recommending the termination and release of the Water Line Easement.