| ITEM #: 6. DATE: 03/04/2024 AI #:1933 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | GRANT ACCESS EASEMENT OVER CITY DRAINAGE CHANNEL LOCATED ON THE NORTH SIDE OF INDIAN SCHOOL RD |
| STAFF PRESENTER(S): | Sarah Chilton, Deputy City Attorney |
SUMMARY
Grant an access easement over an existing drainage channel located on the north side of Indian School owned by the City to provide access to two lots generally located at the northeast corner of Indian School Road and North Sarival Avenue.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve and authorize the City Manager to execute an access easement between City of Goodyear and RP PV III, a Delaware Limited Liability Company granting an access easement over a drainage channel owned by the City to provide access to lots 2 and 3 in the minor land division map of PV10 recorded in the official records of the Maricopa County Recorder. (Sarah Chilton, Deputy City Attorney)
FISCAL IMPACT
No fiscal analysis has been prepared for the impact of the granting of the easement, but any impact to the City for encumbering its property will be de minimis as the easement is merely providing access from Indian School over a city-owned drainage channel.
BACKGROUND AND PREVIOUS ACTIONS
The City owns Tract C of the Final Plat for Palm Valley Phase V Parcels 18-22 recorded in the Official Records of the Maricopa County at Book 727 Page 23 (Instrument 2006-154340), which is used as a drainage channel for the conveyance of water flows (the “Drainage Channel”). The Drainage Channel is located on the north side of Indian School Road and access from Indian School Road to property fronting the Drainage Channel requires an access easement from the City.
On November 14, 2022 Council approved a use permit for the development of a McDonald’s restaurant on approximately 1.5 acres of a larger parcel owned by RP PV III, LLC, a Delaware limited liability company generally located at the northeast corner of Sarival Avenue and Indian School Road. On November 22, 2022, the Minor Land Division Map of PV10, which had been administratively approved, was recorded in the official records of the Maricopa County Recorder in Book 1706 Page 50 (Instrument 2022-0852677) (the “MLD”). Lots 2 and 3 of the MLD front the Drainage Channel and an access easement is required allowing these two lots to be accessed from Indian School Road. The MLD created three (3) lots. The McDonald’s that is being developed pursuant to the Use Permit granted on November 14, 2022 is being constructed on Lot 2 of the MLD, which is driving the need for the access easement at this time.
On November 14, 2022 Council approved a use permit for the development of a McDonald’s restaurant on approximately 1.5 acres of a larger parcel owned by RP PV III, LLC, a Delaware limited liability company generally located at the northeast corner of Sarival Avenue and Indian School Road. On November 22, 2022, the Minor Land Division Map of PV10, which had been administratively approved, was recorded in the official records of the Maricopa County Recorder in Book 1706 Page 50 (Instrument 2022-0852677) (the “MLD”). Lots 2 and 3 of the MLD front the Drainage Channel and an access easement is required allowing these two lots to be accessed from Indian School Road. The MLD created three (3) lots. The McDonald’s that is being developed pursuant to the Use Permit granted on November 14, 2022 is being constructed on Lot 2 of the MLD, which is driving the need for the access easement at this time.
STAFF ANALYSIS
Staff is recommending granting an Access Easement to RP PV III, LLC, a Delaware Limited Liability Company over a portion of the Drainage Chanel. The granting of the easement will not impact the operations of the drainage channel, and because the city property is solely used as a drainage channel, the impact of granting the access easement on the value of the Drainage Channel is de minimis. Granting this easement will facilitate the development of a McDonald's restaurant for which a use permit was previously granted by the mayor and council of the City of Goodyear. The property owner, at its sole cost and expense, will be installing the drainage and access improvements to provide needed access to Lots 2 and 3, pursuant to plans approved by the City Engineer or his designee.