| ITEM #: 8. DATE: 07/18/2022 AI #:1003 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | TERMINATION AND RELEASE OF EASEMENT RELATED TO THE CONSTRUCTION OF THE POTATO BARN FACILITY |
| STAFF PRESENTER(S): | Linda Beals, Real Estate Coordinator |
SUMMARY
Approval of a termination of an exclusive sewer line easement and authorize the execution of termination following the satisfaction of conditions.
Recommendation
Approve the termination of an Exclusive Sewer Easement granted pursuant to that certain document recorded in the official records of the Maricopa County Recorder as Document No. 2019-0935302 on November 20, 2019 and authorize the City Manager to execute a Termination and Release of Easement in the form approved by the City Attorney terminating such Exclusive Sewer Easement following the satisfaction of the stipulations. (Linda Beals, Real Estate Coordinator)
STIPULATIONS
1. The removal or abandonment in place of the existing sewer line
2. The completion and acceptance of the replacement sewer line by the City Engineer or his designee subject to the completion of a two-year warranty period
3. The receipt by the City of a sewer line easement in a form approved by the City Attorney for the replacement Sewer Line
2. The completion and acceptance of the replacement sewer line by the City Engineer or his designee subject to the completion of a two-year warranty period
3. The receipt by the City of a sewer line easement in a form approved by the City Attorney for the replacement Sewer Line
FISCAL IMPACT
There will be no fiscal impact on the City in the fiscal year 2023 or in future years with the acceptance of the termination of the existing Sewer Line Easement.
BACKGROUND AND PREVIOUS ACTIONS
The City is the beneficiary of that certain Exclusive Sewer Line Easement granted pursuant to that document recorded in the official records of the Maricopa County Recorder as Document No. 2019-0935302 on November 20, 2019 (the “Existing Sewer Line Easement”) authorizing the construction, operation, and maintenance of sewer lines within the easement area conveyed to the City (the “Existing Sewer Line Easement Area”). A sewer line was constructed within the Sewer Line Easement Area.
STAFF ANALYSIS
The owner of the property, where the existing sewer line is located and that is subject to the Existing Sewer Line Easement, wants to construct a new building for Potato Barn over the sewer line and the Existing Sewer Line Easement Area. To accommodate the revised development plans, the property owner has agreed to remove or abandon in place the existing sewer line; construct a new sewer line (the “Replacement Sewer Line”), and provide the city with a new sewer line easement over the area where the Replacement Sewer Line is to be located. Once the existing sewer line has been abandoned in place or removed; the Replacement Sewer Line has been completed and accepted by the City Engineer subject to the completion of a two-year warranty period, and the city has received a new sewer easement for the Replacement Sewer Line, the Existing Sewer Line will no longer be required.
Under normal circumstances, the termination of an easement would not be brought to council until all required conditions had been met. However, in this case, staff anticipates that all the conditions required to terminate the Existing Sewer Line Easement will be completed during the upcoming council break. To avoid any potential delays in constructing the building to be occupied by Potato Barn, staff is seeking pre-approval of the termination of the Existing Sewer Line Easement and authorization for the execution of the termination documents pending completion of the foregoing conditions.
Under normal circumstances, the termination of an easement would not be brought to council until all required conditions had been met. However, in this case, staff anticipates that all the conditions required to terminate the Existing Sewer Line Easement will be completed during the upcoming council break. To avoid any potential delays in constructing the building to be occupied by Potato Barn, staff is seeking pre-approval of the termination of the Existing Sewer Line Easement and authorization for the execution of the termination documents pending completion of the foregoing conditions.