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ITEM 36

City Council Memorandum Public Works & Utilities Memo No. RE25-029

Date:

October 14, 2024

To:

Mayor and Council

Thru:

Joshua H. Wright, City Manager
Andy Bass, Deputy City Manager
John Knudson, Public Works and Utilities Director
Daniel Haskins, Capital Projects Division Manager

From:

Stephen Shea, Real Estate Program Coordinator

Subject:

Resolution No. 5842 Authorizing the Acquisition of temporary construction easements required for the Kyrene Branch and Highline Canal Shared Use Path Project

Proposed Motion:

Move City Council pass and adopt Resolution No. 5842 authorizing the acquisition of temporary construction easements required for the Kyrene Branch and Highline Canal Shared Use Path Project No. TP2202; authorizing the city's real estate administrator to sign the purchase agreement and any other documents necessary to facilitate the acquisition; authorizing eminent domain proceedings as needed to acquire said real property, and obtain immediate possession thereof; and, relocation assistance as may be required by law.

Background:

The Kyrene Branch and Highline Shared Use Path Project No. TP2202 (the “Project”) will enhance the pedestrian and bicycle facilities along Salt River Project’s (SRP) Kyrene Branch and Highline canals by connecting to the regional trail network at the Chandler-Tempe border. The Project will add concrete paths to existing unpaved paths along both canal banks. The Project begins at the Kyrene and Knox roads intersection and continues in a southwesterly direction along the Kyrene Canal to just south of Linda Lane. The Project also includes improvements that begin at the existing concrete terminus at the City of Chandler/City of Tempe border and continue southwesterly direction along the Highline Canal to Orchid Lane. Improvements include new pathway lighting and improving accessibility and connectivity between existing bicycle and pedestrian networks.

In order to begin construction (currently scheduled to begin in spring 2026), it will be necessary to acquire temporary construction easements from three home owners associations (HOA's), one condominium complex, and two commercial property owners by fall 2025. No individual residential units are anticipated to be affected. Since these are established properties, it is possible that relocation of some personal property or improvements may be required, which will be compensated as required by law. It is not contemplated that any businesses, residential property owners, or tenants will be relocated. The real property rights to be acquired will be appraised as required and offers of compensation will be made pursuant to the appraised values or as approved by the Public Works & Utilities Director at an amount not exceeding the appraisal by ten percent (10%) or up to $50,000. While it is not anticipated, in the event relocation services are required, the city will provide those services as required by law.

Public Outreach:
The Transportation Policy Division hosted open house public meetings on August 22, 2022, and on December 12, 2023. The purpose of these meetings was to provide residents with information on the Project and to allow for questions and discussions with the project team. The project team made several changes to the project design based on feedback received at the 2022 public meeting, which resulted in additional support for the Project expressed at the 2023 meeting.

August 2022 Meeting:
•   35 Participants
•   14 Comment Cards Received
o   5 Positive Comments
o   5 Negative Comments
o   4 Neutral Comments

December 2023 Meeting:
•   27 Participants
•   21 Comment Cards/ Emails Received
o   8 Positive Comments
o   2 Negative Comments
o   11 Neutral Comments

On May 25, 2023, City Council approved a professional services agreement with Kimley-Horn & Associates for design of the Project.

Financial Implications:

Local bond funds have been set aside in the Project for acquisition and relocation services. The amount expended will be based on appraisals, but it is anticipated to be less than $50,000.

Attachments

Location Map

Resolution No. 5842

Exhibit A