| ITEM #: 5. DATE: 09/11/2023 AI #:1643 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | APPROVAL OF TWO PARTIAL TERMINATIONS AND RELEASES OF EXISTING EASEMENT |
| STAFF PRESENTER(S): | Kevin Spicer, Real Estate Services Specialist |
SUMMARY
Termination and Release of a portion of an existing perpetual drainage easement and a portion of an existing vehicular no-access easement.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
1. Approve the form of the Partial Termination and Release of Drainage Easements and authorize the City Manager to execute the release and the City Clerk to record the release upon the City’s receipt of a new drainage easement for the replacement drainage facilities that are to be installed, APN: 501-02-370.
2. Approve the form of the Partial Termination and Release of Vehicle Non-Access Easement and authorize the City Manager to execute the release and the City Clerk to record the release upon the City’s receipt of a new vehicular non-access easement, APN: 501-02-467. (Kevin Spicer, Real Estate Services Specialist)
2. Approve the form of the Partial Termination and Release of Vehicle Non-Access Easement and authorize the City Manager to execute the release and the City Clerk to record the release upon the City’s receipt of a new vehicular non-access easement, APN: 501-02-467. (Kevin Spicer, Real Estate Services Specialist)
FISCAL IMPACT
There will be no direct fiscal impact to the city in the fiscal year 2024 or future years related to the release of portions of the existing drainage easement and vehicular non-access easements. However, the partial releases of the easements will allow for the development of the property upon which the easements are located. The development of the property will generate revenues from construction sales taxes and eventually property taxes.
BACKGROUND AND PREVIOUS ACTIONS
On October 25, 2011, the City accepted a perpetual drainage easement and vehicular non-access easements from RP PV I LLC Company (the Easements’). The Easements were provided as a condition for the plat and development of the Palm Valley Phase VI Perimeter West Final project.
STAFF ANALYSIS
The owner of Lot 5 and Tract C of the Palm Valley Phase VI Perimeter West Final Plat, as recorded in book 1098, page 26, in the official records of Maricopa County, intends to combine these two parcels by a Minor Land Division and construct parking lot improvements over the combined lot. The development of the combined lot requires the termination of portions of the vehicular non-access easements and drainage easement previously granted to the city. The property owner will be providing the city with a new drainage easement and a new vehicular non-access easement along the exterior border of the new combined parcel. Staff has advised that the easements over the termination area will no longer be needed upon receipt of the new easements.