Request to ratify the acceptance of the Temporary Drainage Easement Agreement, which is needed for the development of Avion at Ballpark Village, located at the corner of Elwood Street and Estrella Parkway.

Ratify the acceptance of the Temporary Drainage Easement Agreement. (Linda Beals, Real Estate Coordinator)

There will be no fiscal impact to the city in the fiscal year 2022 or future years related to the acceptance of this easement.

Avion at Ballpark Village is an approximate 154 acre planned area development located at the southwest corner of Lower Buckeye Road and Estrella Parkway (the “Avion Property”).  On October 26, 2020, the City Council adopted Ordinance No. 2020-1480 conditionally rezoning approximately 154 acres to the PAD zoning district with the adoption of the Avion at Ballpark Village Planned Area Development, and on March 22, 2021, council approved a Preliminary Plat for Avion at Ballpark Village subject to stipulations.  One of the conditions in both Ordinance No. 2020-1480 and the stipulations of approval for the Preliminary Plat required the construction of street improvements along the section of Estrella Parkway along the frontage of the Avion Property and the dedication of all easements required for the construction of required infrastructure. As part of the construction of the street improvements, drainage easements are needed to accept the stormwater run-off from the sections of the streets that are to be constructed. 
 
As of the date the Temporary Drainage Easement Agreement was accepted by the City Manager on behalf of the city, the Avion Property consisted of five (5) parcels owned by different entities all controlled by Communities Southwest Inc, an Arizona corporation (“CSW”).  CSW is in the process of subdividing portions of the Avion Property, and two final plats are being presented tonight as separate council items subdividing portions of the Avion Property, the Avion at Ballpark Village-Phase IA Final Plat and the Avion at Ballpark Village-Phase IB Final Plat (“Final Plats”).  The property subject to these final plats is being sold. 
 
The pending sale will impact the ownership of the easement area included in the attached Temporary Drainage Easement.  CSW wanted the Temporary Drainage Easement Agreement in place prior to the closing of the pending sale, which is currently scheduled for December 20, 2021.  Because there are no council meetings scheduled until January, CSW asked that the Temporary Drainage Easement Agreement be accepted and recorded before the closing of the pending sale.  This would allow CSW to execute the Temporary Drainage Easement Agreement on behalf of all the current owners rather than having to re-do the easement after the sale. 
 
CSW has informed staff that the new owner is aware that the easement will be recorded and impact the property being acquired in the sale. The form of the easement agreement is consistent with requirements for temporary drainage easements.  The location of the easement area is consistent with the construction plans approved for the construction of the Estrella Parkway.  Accordingly, to facilitate the development of the property subject to the Final Plats, the City Manager accepted the Temporary Drainage Easement Agreement on behalf of the City.  The easement was recorded on December 16, 2021, as document No. 2021-1332814 in the official records of the Maricopa County recorder.

Staff recommends the ratification of the City Manager’s acceptance of the Temporary Drainage Easement Agreement attached hereto because the form of easement is consistent with requirements for temporary drainage easements, and the location of the easement area is consistent with construction plans approved for the construction of Estrella Parkway and the entity purchasing the property will be aware of the easement prior to closing.