Approval of the partial termination and release of a portion of an existing sewer easement associated with the Final Plat for Estrella - Parcel 12.23 Phase 2, generally located at the southeast corner of Estrella Parkway and W. Rock Wren Road.

Approve the Partial Termination and Release of Easement (Linda Beals, Real Estate Coordinator)

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.

On or about September 12, 2002 the City accepted a Sewer Line Easement from Sunchase Estrella Limited Partnership, a Delaware limited partnership recorded in the records of Maricopa County on September 18, 2002 as Instrument Number 2002-0957279 (“Sewer Easement”) for the development of a sewer line to service the area which includes Estrella Parcel 12.23, Phase 2.  A Final Plat for Estrella - Parcel 12.23 Phase 2 (“Final Plat”) which will be presented in a future Council Action. 
 
The Sewer Easement extends approximately seven (7) feet into a proposed residential Lot (“Lot 38”) within the Final Plat.  The sewer line constructed within the Sewer Easement is not located within Lot 38 and will not be extended into Lot 38, and Estrella North LLC, a Delaware limited liability company as the landowner and developer has requested that the city terminate the portion of the Sewer Easement described in the attached Partial Termination and Release of Easement (the “Release Area”)  which will allow the development of a residential unit within Lot 38 as contemplated by the Final Plat.

City staff has concluded that the portion of the Sewer Easement located within the Release Area is not required for current or future use. Therefore, staff is recommending the city terminate the portion of the Sewer Easement described in the Partial Termination and Release of Easement.