ITEM #: 4.
DATE: 11/18/2024
AI #:2319 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: |
AUTHORIZATION FOR ACQUISITIONS OF REAL PROPERTY INTERESTS NEEDED FOR THE BULLARD AVENUE WIDENING PROJECT FROM ROOSEVELT STREET TO CELEBRATE LIFE WAY
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| STAFF PRESENTER(S): |
Kimberly Romero, Real Estate Supervisor |
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| OTHER PRESENTER(S): |
| Gizelle Setovich, 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 southbound side of Bullard Avenue, for the completion of CIP #42052 Bullard Avenue widening from Roosevelt Street to Celebrate Life Way. |
| STRATEGIC PLAN ALIGNMENT |
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| RECOMMENDATION |
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ADOPT RESOLUTION NO. 2024-2437 FINDING THAT ACQUISITION OF REAL AND PERSONAL PROPERTY INTERESTS NEEDED FOR THE COMPLETION OF IMPROVEMENTS TO THE WEST SIDE OF BULLARD AVENUE BETWEEN CELEBRATE LIFE WAY AND THE NORTHERN BOUNDARY OF THE SECTION OF BULLARD AVENUE ADJACENT TO LOT 3, MINOR LAND DIVISION OF “SNYDER’S OF HANOVER” ACCORDING TO BOOK 828 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA AND CELEBRATE LIFE WAY IS A MATTER OF PUBLIC NECESSITY; AUTHORIZING AND DIRECTING CITY STAFF TO ACQUIRE SUCH INTERESTS BY DEDICATION, DONATION, PURCHASE OR THE EXERCISE OF THE POWER OF EMINENT DOMAIN; PROVIDING AUTHORIZATION; AND PROVIDING AN EFFECTIVE DATE. (Kimberly Romero, Real Estate Supervisor) |
| FISCAL IMPACT |
| This item is included in fiscal year 2025 budget. The project has a current Land Budget of $360,000.00. The Land Budget will be used to pay compensation for (i) the land rights being acquired, which will include by way of example, fee simple interest for additional right-of-way; public utility and sidewalk easements, sidewalk easements, and temporary construction easements; (ii) payment for landscaping, crops and other improvements 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 Capital Improvement Project Number 42052 to widen and improve the western half of Bullard Avenue between Celebrate Life Way and the northern boundary of the section of Bullard Avenue adjacent to Lot 3, Minor Land Division of “Snyder’s of Hanover” according to Book 828 of Maps, page 41, Records of Maricopa County, Arizona (the “Snyder’s Property”). This project is included in the city’s fiscal year 2025 Capital Improvements Program. The improvements to be constructed include, the addition of street lanes, turn lanes, a bike lane, sidewalks, landscaping, and drainage facilities; the relocation of existing utilities and irrigation facilities; and the relocation of a traffic signal (collectively the “Road Improvements”).
The objective of the project is to improve traffic flow by adding a third travel lane to match improvements recently completed along Bullard Avenue south of Celebrate Life Way where additional travel lanes were installed. The purpose of this action is to authorize the acquisition of real property interests needed for the completion of the Road Improvements, which will include rights-of-way, public utility and sidewalk easements, sidewalk easements, and temporary construction easements, and to acquire private improvements located within such real property interests. |
| STAFF ANALYSIS |
The project impacts two parcels located on the southbound side of Bullard Avenue between I-10 and Celebrate Life Way. A depiction of the 2 parcels that will be impacted by the projects is included as Exhibit “A” to Resolution 2024-2437 (Attachment A). 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 60% complete, the city will acquire an approximate 22,875 sq. ft. of land in Fee Simple interest, 17,574 sq. ft. of Public Utility and Sidewalk Easement area, and 9,697.12 sq. ft. of Temporary Construction Easement area. 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 property interests are acquired. The design plans are 60% complete and are to the point that various real property interests can be quantified. It is normal and customary that the acquisition of the real property interests is initiated after 60% plans are reviewed and all legal descriptions are approved. Staff needs to move forward with the acquisition activities to acquire the real property interests identified as being needed by the CIP Engineering staff and the design team.
Accordingly, Staff is recommending the Mayor and Council adopt Resolution 2024-2437 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 southbound side of Bullard Avenue between the Snyder’s Property and Celebrate Life Way from the owners of the properties identified on Exhibit “A” attached to Resolution 2024-2437. |
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