| ITEM #: 5. DATE: 05/20/2024 AI #:2043 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | GRANT OF TEMPORARY ACCESS EASEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF STORM DRAIN OUTLET |
| STAFF PRESENTER(S): | Kimberly Romero, Real Estate Coordinator |
OTHER PRESENTER(S):
Gerardo Villarraga, Civil Engineer
SUMMARY
The Temporary Access Easement for Construction, Maintenance and Operation of Storm Drain Outlet is needed to allow the developer/owner to construct, a storm drain outlet to divert storm water from certain development within Goodyear Civic Square into the Bullard Wash.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve and authorize the Mayor to execute the Temporary Access Easement for Construction, Maintenance and Operation of Storm Drain Outlet. (Kimberly Romero, Real Estate Coordinator)
STIPULATIONS
The Temporary Access Easement shall terminate upon the end of the two-year warranty period, which is two years after the acceptance letter is issued by the City Engineer or his/her designee.
FISCAL IMPACT
There will be no fiscal impact to the City in the fiscal year 2024 or future years resulting from the issuance of this easement.
BACKGROUND AND PREVIOUS ACTIONS
In order to maximize the developable space within Goodyear Civic Square, located at the northwest corner of North McDowell Road and 150th Drive, a storm drain system was installed that was intended to divert all storm water run-off from the property within Goodyear Civic Square into the Bullard Wash. Storm drain improvements were constructed with the development of City Hall, library, park, office building, and parking garage (the “Initial Development”), which included a second storm drain outlet within the Bullard Wash. Although the improvements were intended to dispose of the storm water generated by the development of the property that is currently under construction, the owner learned that certain storm water flows could not be diverted to the storm drain outlet that had been constructed as part of the Initial Development and a second storm drain outlet south of the storm drain outlet constructed as part of the Initial Development was needed.
The Temporary Access Easement for Construction, Maintenance and Operation of Storm Drain Outlet grants Globe Land Investors, LLC (“Globe”) the right to construct, maintain, operate, repair, and replace a storm drain outlet within the City-owned Bullard Wash pursuant to the Off-Site Improvement Plans for Goodyear Civic Square Phase II Parking Garage, prepared by Butler Design Group Inc., Job No. 022-01627-A (City Project #E23-03237) approved by City staff on April 25, 2024. Globe will be responsible for operating, maintaining, repairing and replacing the storm drain outlet during the applicable two-year warranty period after which the City will own and operate the storm drain outlet.
Under the terms of the easement, Globe is required to replace any trees that are removed or damaged during the construction process in kind with the same size tree or larger; to construct the storm drain outlet to match the existing storm drain as shown in the photo attached hereto; to restore the City’s property to an "as good as" condition as existed prior to construction; and to keep all public sidewalks shall remain open for the duration of the construction of the Improvements. Granting the requested easement will allow the city to issue a permit for the construction of the storm drain outlet.
The Temporary Access Easement for Construction, Maintenance and Operation of Storm Drain Outlet grants Globe Land Investors, LLC (“Globe”) the right to construct, maintain, operate, repair, and replace a storm drain outlet within the City-owned Bullard Wash pursuant to the Off-Site Improvement Plans for Goodyear Civic Square Phase II Parking Garage, prepared by Butler Design Group Inc., Job No. 022-01627-A (City Project #E23-03237) approved by City staff on April 25, 2024. Globe will be responsible for operating, maintaining, repairing and replacing the storm drain outlet during the applicable two-year warranty period after which the City will own and operate the storm drain outlet.
Under the terms of the easement, Globe is required to replace any trees that are removed or damaged during the construction process in kind with the same size tree or larger; to construct the storm drain outlet to match the existing storm drain as shown in the photo attached hereto; to restore the City’s property to an "as good as" condition as existed prior to construction; and to keep all public sidewalks shall remain open for the duration of the construction of the Improvements. Granting the requested easement will allow the city to issue a permit for the construction of the storm drain outlet.
STAFF ANALYSIS
The City staff has reviewed and confirmed the attached easement is consistent with the approved Plans and is for the construction of the storm drain outlet.