Request to terminate a portion of an existing drainage easement located within Lot 33 of the Final Plat for Ballpark Village-Wood Corporate Center.

ADOPT RESOLUTION NO. 2024-2409 CONDITIONALLY APPROVING THE TERMINATION OF A PORTION OF AN EXISTING DRAINAGE EASEMENT; PROVIDING AUTHORIZATION AND DIRECTION FOR RECORDATION; AND PROVIDING EFFECTIVE DATES OF THE TERMINATION AND RESOLUTION. (Kimberly Romero, Real Estate Coordinator)

There is no direct fiscal impact from the termination of a portion of an existing drainage easement, although there are indirect fiscal impacts that benefit the city in the form of tax revenues gained by the development of the apartment complex at the Diamond at Ballpark Village, which is being facilitated by the termination. 

M&I Regional Properties, LLC dedicated to the city, a Nonexclusive Easement to Construct and Maintain Drainage Facilities (Lot 33) recorded in the official records of Maricopa County on June 20, 2013, as Instrument Number 2013-0565269 (the “Existing Drainage Easement”).  A portion of the Existing Drainage Easement is located on Lot 33 of the Final Plat for Ballpark Village-Wood Corporate Campus (the “Property”), which is being developed. 

The development plans for the Property provide for new drainage facilities to be constructed within two locations within the Property.  The Property owner will be providing two drainage easements needed for the construction of the replacement drainage facilities (the “Replacement Easements”).  The new drainage facilities eliminate the need for the existing drainage facilities constructed within the Property pursuant to the Existing Drainage Easement, and the Property Owner has asked the city to terminate the Existing Drainage Easement as to the portion of the easement located within the owner’s property.

Pursuant to A.R.S. § 9-402, the City Council of the City of Goodyear is vested with the power to dispose of city-owned easements that are no longer needed. Staff has determined that upon the City’s receipt of the Replacement Easements, the Existing Drainage Easement over the portion of the Property is no longer needed.  Resolution 2024-2409 allows for the partial termination of the Existing Drainage Easement over the Property upon receipt of the Replacement Easements.  For the reasons set forth above, staff supports the adoption of Resolution 2024-2409 conditionally approving the partial termination of the Existing Drainage Easement subject to the satisfaction of the terms in Resolution 2024-2409.