| ITEM #: 4. DATE: 01/08/2024 AI #:1854 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | PARTIAL TERMINATION AND RELEASE OF EASEMENT |
| STAFF PRESENTER(S): | Philip Cochran, Assistant City Attorney |
SUMMARY
Preapproval of a partial termination of a water line easement to facilitate the development of the Cotton Lane Commerce Park.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve the Partial Termination and Release of Easement releasing the portion of a water line easement over the property legally described herein and authorize the City Manager to execute a Partial Termination and Release in the form upon the satisfaction of all of the stipulations. (Philip Cochran, Assistant City Attorney)
STIPULATIONS
1. A replacement water line has been constructed in accordance with construction plans approved by the City Engineer or his designee,
2. The City Engineer or his designee has accepted, subject to the completion of the two-year warranty period, the replacement water line; and
3. The existing water line within the property legally described in Exhibit A of the Partial Termination and Release has been removed or abandoned in place as approved by the City Engineer of his designee.
2. The City Engineer or his designee has accepted, subject to the completion of the two-year warranty period, the replacement water line; and
3. The existing water line within the property legally described in Exhibit A of the Partial Termination and Release has been removed or abandoned in place as approved by the City Engineer of his designee.
FISCAL IMPACT
There is no fiscal impact to the City in FY24 or future years.
BACKGROUND AND PREVIOUS ACTIONS
In accordance with certain agreements by and between the city and AMCOR Investments Corporation ("AMCOR"), AMCOR constructed certain water line improvements located under and within certain real property now commonly referred to as Cotton Lance Commerce Park. AMCOR granted the City of Goodyear a Revocable License Agreement recorded in the official records of the Maricopa County Recorder as Document No. 1992-747992 on December 31, 1992 (the “Easement”) for the water line improvements.
STAFF ANALYSIS
The developer of Cotton Lane Commerce Park located at the southwest corner of W. Elwood Street and South Cotton Lane wants to construct a new building that conflicts with the current location of a portion of the existing water line. To accommodate the development plans, the developer has agreed to construct a new water line within the Cotton Lane right-of-way and remove or abandon in place a portion of the existing water line. Once the replacement water line has been completed and accepted by the City Engineer, subject to completion of the two-year warranty period and the existing water line has been removed or abandoned in place as approved by the City Engineer, completed, the portion of the Easement within which the existing water line is located will no longer be needed.
Under normal circumstances, the partial termination of an easement would not be brought to council until all required conditions have been met. However, the replacement water line is already under construction and staff anticipates the new water line will be online very soon. The developer wishes to move ahead with the council action so the actual termination can be done quickly to avoid any potential delays in constructing the building. Staff is seeking pre-approval of the partial termination of a portion of the existing Easement and authorization for its execution upon the completion of the conditions.
Under normal circumstances, the partial termination of an easement would not be brought to council until all required conditions have been met. However, the replacement water line is already under construction and staff anticipates the new water line will be online very soon. The developer wishes to move ahead with the council action so the actual termination can be done quickly to avoid any potential delays in constructing the building. Staff is seeking pre-approval of the partial termination of a portion of the existing Easement and authorization for its execution upon the completion of the conditions.