| AGENDA ITEM #: 6. DATE: 02/08/2021 CAR #: {ud_fi4} |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | APPROVAL OF A TERMINATION AND RELEASE OF SEWER EASEMENT AND ACCEPTANCE OF AN EXCLUSIVE SEWER LINE AND ACCESS EASEMENT AND ASSOCIATED WITH THE PROLOGIS DEVELOPMENT. |
| STAFF PRESENTER(S): | Linda Beals, Real Estate Coordinator |
OTHER PRESENTER(S):
None
SUMMARY:
Approval of the termination and release of an existing sewer easement and Acceptance of an Exclusive Sewer Line and Access Easement associated with the Prologis Development located southwest of Camelback and Litchfield Roads.
Recommendation:
Approve the Termination and Release of the Sewer Easement attached hereto and authorize its execution and recordation with the Maricopa County Recorder and Accept the Exclusive Sewer Line and Access Easement attached hereto and authorize its execution and recordation with the Maricopa County Recorder following the recordation of the Release. (Linda Beals, Real Estate Coordinator)
FISCAL IMPACT:
There will be no fiscal impact to the city in the fiscal year 2021 or future years related to the acceptance of the sewer line and access easement or the release of the existing sewer easement.
BACKGROUND AND PREVIOUS ACTIONS:
On or about February 9, 2010 the City accepted a Nonexclusive Permanent Sewer Easement from Liberty Property Limited Partnership, a Pennsylvania limited partnership (“Liberty”) which was recorded in the official records of Maricopa County on February 10, 2010 as Instrument Number 2010-0113802 (“Existing Sewer Easement”).
The Existing Sewer Easement was provided to support the development of the Camelback 303 Commerce Park in accordance with a wastewater master plan for Section 23 in effect at the time the Existing Sewer Easement was provided. Since the Existing Sewer Easement was provided, a portion of Camelback 303 Commerce Park property has been rezoned and the City adopted the 2020 Wastewater Master Plan for Section 23 which provided a wastewater solution consistent with the rezoning of the Camelback 303 Property and the current zoning of surrounding properties.
The location of the Existing Sewer Easement is inconsistent with Liberty’s development plans Liberty has asked the City to terminate and release the Existing Sewer Easement in exchange for a replacement sewer easement in a location which is acceptable to the City Engineer, or his designee, and is consistent with the 2020 Wastewater Master Plan for Section 23 (“Replacement Sewer Easement”).
The Existing Sewer Easement was provided to support the development of the Camelback 303 Commerce Park in accordance with a wastewater master plan for Section 23 in effect at the time the Existing Sewer Easement was provided. Since the Existing Sewer Easement was provided, a portion of Camelback 303 Commerce Park property has been rezoned and the City adopted the 2020 Wastewater Master Plan for Section 23 which provided a wastewater solution consistent with the rezoning of the Camelback 303 Property and the current zoning of surrounding properties.
The location of the Existing Sewer Easement is inconsistent with Liberty’s development plans Liberty has asked the City to terminate and release the Existing Sewer Easement in exchange for a replacement sewer easement in a location which is acceptable to the City Engineer, or his designee, and is consistent with the 2020 Wastewater Master Plan for Section 23 (“Replacement Sewer Easement”).
STAFF ANALYSIS
The location of the Replacement Sewer Easement has been reviewed and approved by the City Engineer or his designee and the City Engineer has determined that the Existing Sewer Easement is no longer needed. Accordingly, staff recommends the acceptance of the Exclusive Sewer Line and Access Easement attached hereto and the approval of the Termination and Release of the Sewer Easement attached hereto.