| ITEM #: 4. DATE: 05/08/2023 AI #:1435 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | APPROVAL OF PARTIAL TERMINATION AND RELEASE OF EASEMENT |
| STAFF PRESENTER(S): | Kevin Spicer, Real Estate Services Specialist |
SUMMARY
Partial Termination And Release Of A Portion Of An Existing Perpetual Drainage Easement No Longer Needed By The City As Alternative Drainage Facilities Are Being Provided.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve the Partial Termination and Release of Easement, terminating and releasing a portion of an existing drainage easement no longer needed and authorize its execution and recordation with the Maricopa County Recorder. (Kevin Spicer, Real Estate Services Specialist)
FISCAL IMPACT
There will be no direct fiscal impact to the city in the fiscal year 2024 or future years related to the release of a portion of the drainage easement. However, the release of a portion of the drainage easement will allow for the development of the property upon which the easement is located. The development of the property will generate revenues from construction sales taxes and eventually property taxes.
BACKGROUND AND PREVIOUS ACTIONS
On May 5, 2005 the City accepted an exclusive and perpetual drainage easement from SunCor Development Company (the Drainage Easement). The Drainage Easement was provided to accept drainage flows from the north that drained into a channel along Camelback Road.
STAFF ANALYSIS
Flows from the north into the section of the Drainage Easement described in the Partial Termination and Release of Easement (the “Termination Area”) have been reduced following the construction of SR303L. Staff has advised that the Drainage Easement over the Termination Area is no longer needed because of the reduced flows from the north and because the site is being developed to provide for on-site retention. Accordingly, staff is recommending the termination and release of the Drainage Easement over the Termination Area.