| ITEM #: 5. DATE: 02/24/2025 AI #:2410 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: |
| STAFF PRESENTER(S): | Kimberly Romero, Real Estate Supervisor |
OTHER PRESENTER(S):
Dylan Hasse, Senior Project Manager
SUMMARY
Approval of this action item will provide the authorization necessary to proceed with the acquisition of the land rights necessary on the north and south sides of McDowell Road, for the completion of Capital Improvement Project (CIP) #42058 West McDowell Road Median Improvements Project.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
FISCAL IMPACT
CIP project #42058 was included in the fiscal year 2025 budget in the amount of $11,665,900. The land component of the budget is $286,600 and will be used to pay compensation for (i) the land rights required for the project, (ii) payment for personal property improvements, including landscaping that will be impacted by the project; (iii) payment of costs to cure; and (iv) transaction-related costs such as title reports, appraisals, appraisal reviews, escrow closing costs, title insurance and legal fees of outside counsel and litigation guarantee reports if eminent domain is required.
BACKGROUND AND PREVIOUS ACTIONS
Mayor and Council of the city of Goodyear previously approved CIP #42058 to improve the section of McDowell Road between Dysart Road and approximately 694 feet west of Litchfield Road. This project is included in the city’s fiscal year 2025 CIP. The objective of the project is to improve traffic flow.
The project will provide the third travel and bike lanes within this section of McDowell Road by reducing the size of the existing median and relocate existing sidewalks to accommodate a third thru-lane and bike lanes in each direction. The project will require the reconstruction, modification, relocation, and/or replacement of existing road improvements, including: pavement, the raised median, sidewalks, outside curb & gutter, curb returns and curb ramps at the McDowell Road and Litchfield Road intersection, drainage improvements, landscaping and landscaping irrigation, conduit, street lighting, intelligent transportation system (ITS) infrastructure, traffic signal improvements at the McDowell Road/Litchfield Road intersection, and drainage improvements. New A3 power poles may be installed within the reconstructed median and a combined landscape irrigation system that will irrigate both the landscaping within the reconstructed median and the landscaping along the north side of McDowell Road adjacent to existing residential communities that the City maintains may be installed.
The project will impact existing driveways into commercial developments and private improvements currently located within public utility easements (PUE). The impacted driveways will be reconstructed to comply with the requirements of the Americans with Disabilities Act for concrete sidewalk, ramps, and driveways. The project will not require the purchase of any additional right-of-way. However, the City will need to acquire temporary construction easements allowing for the temporary use of the adjacent properties during the completion of the improvements, including, but not limited to, allowing the City to undertake any of the project activities located within private property including the reconstruction of any impacted driveways and the removal of any landscaping improvements. In addition, because sidewalk improvements will be relocated to existing PUE, the City may have to remove personal property improvements located within the PUE, which will require the City to purchase the improvements being removed. Finally, the City will need to acquire public utility and sidewalk easement(s) from the owner(s) of the properties at the southwest corner of Litchfield Road and McDowell Road and any personal property improvements located within the easement(s) being acquired that will need to be removed to accommodate the project improvements.
The purpose of this action is to authorize the acquisition of the real and personal property interests described above.
The project will provide the third travel and bike lanes within this section of McDowell Road by reducing the size of the existing median and relocate existing sidewalks to accommodate a third thru-lane and bike lanes in each direction. The project will require the reconstruction, modification, relocation, and/or replacement of existing road improvements, including: pavement, the raised median, sidewalks, outside curb & gutter, curb returns and curb ramps at the McDowell Road and Litchfield Road intersection, drainage improvements, landscaping and landscaping irrigation, conduit, street lighting, intelligent transportation system (ITS) infrastructure, traffic signal improvements at the McDowell Road/Litchfield Road intersection, and drainage improvements. New A3 power poles may be installed within the reconstructed median and a combined landscape irrigation system that will irrigate both the landscaping within the reconstructed median and the landscaping along the north side of McDowell Road adjacent to existing residential communities that the City maintains may be installed.
The project will impact existing driveways into commercial developments and private improvements currently located within public utility easements (PUE). The impacted driveways will be reconstructed to comply with the requirements of the Americans with Disabilities Act for concrete sidewalk, ramps, and driveways. The project will not require the purchase of any additional right-of-way. However, the City will need to acquire temporary construction easements allowing for the temporary use of the adjacent properties during the completion of the improvements, including, but not limited to, allowing the City to undertake any of the project activities located within private property including the reconstruction of any impacted driveways and the removal of any landscaping improvements. In addition, because sidewalk improvements will be relocated to existing PUE, the City may have to remove personal property improvements located within the PUE, which will require the City to purchase the improvements being removed. Finally, the City will need to acquire public utility and sidewalk easement(s) from the owner(s) of the properties at the southwest corner of Litchfield Road and McDowell Road and any personal property improvements located within the easement(s) being acquired that will need to be removed to accommodate the project improvements.
The purpose of this action is to authorize the acquisition of the real and personal property interests described above.
STAFF ANALYSIS
The project impacts 12 parcels located on the north and south sides of McDowell. A depiction of the 12 parcels that will be impacted by the projects is attached as Exhibit “A” to Resolution 2025-2447. CIP Engineering staff and the design team have worked diligently on a design that is cost-effective and minimizes the impact to affected property owners, while still achieving the goals of the project as described above. Based on current design plans, which are 90% complete, the City will acquire Public Utility and Sidewalk Easement(s) over approximately 1,735 square feet, and Temporary Construction Easements over approximately 15,718 square feet. Although the square footage can increase or decrease as the plans for the project are further refined, engineering staff does not anticipate any changes.
Construction of the Road Improvements cannot commence until all the necessary real and personal property interests are acquired. The design plans are 90% complete. The legal descriptions for the required easements have been completed, the plans are at a point staff has identified the various real property interests that are required for the project. Obtaining council authorization allows staff to move forward with the acquisition of the necessary real and personal property rights from the impacted owners.
Accordingly, Staff is recommending the Mayor and Council adopt Resolution 2025-2447 authorizing and directing City Staff to acquire, by dedication, donation, purchase, or the exercise of the power of eminent domain, the real and personal property interests needed for the completion of improvements to the north and south sides of McDowell Road from 694 feet west of Litchfield Road to Dysart Road from the owners of the properties identified on Attachment A attached to Resolution 2025-2447.
Construction of the Road Improvements cannot commence until all the necessary real and personal property interests are acquired. The design plans are 90% complete. The legal descriptions for the required easements have been completed, the plans are at a point staff has identified the various real property interests that are required for the project. Obtaining council authorization allows staff to move forward with the acquisition of the necessary real and personal property rights from the impacted owners.
Accordingly, Staff is recommending the Mayor and Council adopt Resolution 2025-2447 authorizing and directing City Staff to acquire, by dedication, donation, purchase, or the exercise of the power of eminent domain, the real and personal property interests needed for the completion of improvements to the north and south sides of McDowell Road from 694 feet west of Litchfield Road to Dysart Road from the owners of the properties identified on Attachment A attached to Resolution 2025-2447.