| ITEM #: 8. DATE: 01/29/2024 AI #:1869 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | AERIAL UTILITY EASEMENT TO APS OVER CITY PROPERTY |
| STAFF PRESENTER(S): | Kimberly Romero SR/WA, Real Estate Coordinator |
SUMMARY
The city is being asked to grant an Aerial Utility Easement over the southern portion of city owned property (“City Parcel”) in order for APS to upgrade electric service and improve reliability for the customers in the Goodyear area as part of their Bullard - Goodyear 69kv/230kv Project WE015826.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve an Aerial Utility Easement over the City Parcel located at 11 N 145th Ave., Goodyear AZ 85338. (Kimberly Romero SR/WA, Real Estate Coordinator)
FISCAL IMPACT
APS is compensating the City of Goodyear $276,408.00 for the Aerial Utility Easement that is to be granted. The impact to the City Parcel for encumbering its property will be minimal due to the location of the easement on the City Parcel.
BACKGROUND AND PREVIOUS ACTIONS
City of Goodyear owns parcel (500-10-731C) that is currently used for the City of Goodyear Police Department (the “PD Facilities Site”). APS’s request for the Aerial Utility Easement was presented to the City. The easement, as proposed by APS, conflicted with the improvements the city was undertaking at the PD Facilities Site when the easement request was received. After consultation with city staff, including the City Project Manager assigned to the expansion of improvements on the PD Facilities Site, the Police Chief, City Real Estate Staff, City Legal Staff, APS’s project manager and other APS staff, City staff and APS staff came up with a solution that limited the impact of the APS Easement on the City’s use of the PD Facilities Site. The solution included the reduction of the size of the easement on the City’s property from 60 feet to 45 feet and easement terms limiting the easement to installation of overhead lines, which were to be located along or as close to the southern boundary of the PD Facilities Site as possible; limiting the lines that could be installed to those transmitting 69kV or greater; prohibiting the construction of any APS improvements within the PD Facilities Site; imposing minimum height requirements for the lines installed; limiting APS’s access to the secure PD Facilities Site. In exchange, the City had to modify the landscaping that was to be installed in certain areas pursuant to the PD Facilities Site expansion project. Legal counsel along with other department directors gave their input on the terms of the easement and came to a final draft that was acceptable to the City and to APS.
The granting of the easement will not conflict with the Police Departments operations or needs with regards to the City Property. Moreover, because of the existing encumbrances on the City Parcel, the city is limited to what is allowable in the southern area of the City Parcel. It is the sole responsibility of APS to install, operate and maintain their facility at no cost to the city.
The granting of the easement will not conflict with the Police Departments operations or needs with regards to the City Property. Moreover, because of the existing encumbrances on the City Parcel, the city is limited to what is allowable in the southern area of the City Parcel. It is the sole responsibility of APS to install, operate and maintain their facility at no cost to the city.
STAFF ANALYSIS
Staff is recommending granting of the Aerial Utility Easement to APS over a portion of the City Parcel. The granting of the easement will not impact the operations of the Police Department, and because of the location of the easement, there is no impact on the land value of the City Parcel. The grant of this easement will facilitate the installation of the APS overhead electric lines, at its sole cost and expense.