Establishment of Utility Easements in favor of the City of Goodyear over city-owned property within which city utilities have been installed.

1.  ADOPT RESOLUTION NO. 2022-2269, DECLARING AN EXCLUSIVE UTILITY EASEMENT WITHIN FUTURE ALIGNMENTS OF BROADWAY ROAD AND 159TH AVENUE, PROVIDING DIRECTION REGARDING THE RECORDATION OF THE RESOLUTION, AND PROVIDING FOR AN EFFECTIVE DATE.

2.  ADOPT RESOLUTION NO. 2022-2270, DECLARING EXCLUSIVE UTILITY EASEMENTS LOCATED WITHIN SECTIONS OF FUTURE ALIGNMENT OF BROADWAY ROAD NEAR AND THROUGH BULLARD WASH, PROVIDING DIRECTION REGARDING THE RECORDATION, OF THE RESOLUTION, AND PROVIDING FOR AN EFFECTIVE DATE. (Linda Beals, Real Estate Coordinator)

There is no fiscal impact associated with Resolution No. 2022-2269 or Resolution 2022-2270 in FY2023 or any future year. 

The City recently completed the Goodyear Water Treatment Facility and Raw Water Pipeline Delivery Project. There are several areas where the pipeline is being placed within city-owned property located within future alignments of various roads but that have not been declared as public roadways. These locations are generally within portions of the future alignments for 159th Avenue and Broadway Road. Several of these locations also include existing utility lines.

It is in the best interest of the City to establish by resolution exclusive utility easements for the benefit of the City of Goodyear over those areas in which the city’s utility improvements have been installed. The utility easements will be established upon the recordation of the resolutions with the Maricopa County Recorder. The resolutions being recorded include provisions that the easements being established do not merge into and are not extinguished by the city’s underlying fee interest in the property. The establishment of the utility easements minimizes the risk of the city conveying the property within which the city’s existing utilities are located without retaining an easement for such utilities.