Allan Smolko, Project Manager

Approval of this action item will provide the authorization necessary to proceed with the power of Eminent Domain and file condemnation proceedings, in order to acquire the land rights necessary for the completion of the Yuma Road, Canyon Trails Boulevard to Sarival Avenue Project.

ADOPT RESOLUTION NO. 2023-2315 AUTHORIZING AND DIRECTING THAT FEE SIMPLE AND EASEMENT INTERESTS IN CERTAIN REAL PROPERTY BE ACQUIRED BY THE CITY OF GOODYEAR BY DEDICATION, DONATION, PURCHASE OR THE EXERCISE OF THE POWER OF EMINENT DOMAIN AS A MATTER OF PUBLIC NECESSITY AND PROVIDING AUTHORIZATION. (Kimberly Romero, Real Estate Coordinator)

The projects original Real Estate Acquisition Budget was $620,000, however actual costs are now estimated at $1,010,000. A budget amendment for land and other aspects of this project is included on tonight's agenda to increase the overall budget of this project, including the increased cost of land. Due to the criticality of acquiring this property, if the overall budget were not increased funds would be shifted within the project to allow for required land acquisition at this time. The Real Estate Acquisition Budget will be used to pay for the property being acquired in fee, temporary construction easements, the costs of landscaping and improvements impacted by the Project, the costs to cure, and acquisition processing costs, including legal fees. Based on appraisals obtained by staff, the combined costs of the property being acquired in fee, the temporary construction easements, the landscaping and improvements, and the costs to cure are expected to be $747,966.  The remainder of the budgeted funds will be used for acquisition processing costs, including legal fees, and to pay increased amounts awarded or agreed upon when appraised values are challenged costs or unexpected claims asserted.

 

The City is undertaking a capital improvement project referred to as the Yuma Road, Canyon Trails Boulevard to Sarival Avenue Project (the “Project”). This Project was included in the city’s FY2022 Capital Improvement Program. The objective of the project is to improve safety by widening the south side of Yuma Road between Canyon Trails Boulevard and Sarival Avenue thereby increasing capacity and accessibility for motor vehicles, bicycles and pedestrians.

The purpose of this action is to authorize the acquisition of rights-of-way and temporary construction easements, which includes landscaping and improvements within the property interests being acquired and any costs to cure, necessary to complete the improvements to widen the south side of Yuma Road between Canyon Trails Boulevard and Sarival Avenue.

The project impacts seventeen parcels located along the frontage of Yuma Road.  Staff and the design team have created a final plan that is cost-effective and minimizes the impact to affected property owners in the area while still achieving the goals of the project as described above. 

Based on current design plans, the city will acquire an approximate 46,686 sq. ft. undeveloped parcel located at the southeast corner of Yuma Road and Canyon Trails Boulevard.  A portion of this undeveloped parcel will be improved with road improvements and a portion of the parcel will be improved with a retention basin so it can accommodate all of the storm water run-off from the south half of Yuma Road.  The acquisition of this undeveloped parcel minimizes the impact of the Project on the remaining sixteen (16) parcels.  In addition, the city will be acquiring an additional approximately 42,898 sq. ft. of right-of-way in fee and 15,707 sq. ft of temporary construction easements. 

Because the Yuma Road  Canyon Trails Boulevard to Sarival Avenue Project cannot move forward without the city acquiring fee simple real property interests and temporary construction easements depicted in Exhibit A attached to Resolution 2023-2315, staff is recommending the adoption of Resolution 2023-2315 authorizing the acquisition of fee simple real property interests and temporary construction easements depicted in Exhibit A attached thereto and authorizing the use of eminent domain, if necessary.