Title
Ratification of a Recorded Easement and Conveyance of an Access Easement Across City-owned Property Located North and East of 28th and Elwood Streets (Ordinance S-48384)
Description
Request the City Council ratify a recorded easement, Maricopa County recording 20090644034 recorded on June 14, 2009, for purposes of ingress and egress, a multi-use trail and utilities. Further request authorization for the City Manager, or his designee, to convey an access easement within the recorded easement area for access to an adjacent property.
Report
Summary
The Easement to be ratified, MCR 20090644034 (Easement), was part of the Planning and Development Department's code modification process (CMOD 090060) for private utilities to cross property lines for the Southwest Solar project (Development) located at 3545 S. 28th St. The Easement, signed by the then Building Official and Parks and Recreation Director, included uses for ingress and egress, a multi-use trail and utilities. Upon recording of the Easement, utilities and a private roadway were constructed for access to the Development. The multi-use trail within the Easement, along Rio Salado, connects to a multi-use trail along the north side of the Development that was dedicated to the City as part of the Development.
Hecktech Inc., its successors and/or assigns (Hecktech), is currently developing the property north and east of the 28th Street cul-de-sac, adjacent to the Easement, and requires access across the Easement for a development (KIVA 19-371). The access easement will exclude the multi-use trail and will be conveyed via separate recording instrument, with standard maintenance and indemnification required from Hecktech. The access easement will not modify the existing use within the area of the Easement.
Location
North and east of 28th and Elwood streets, within Maricopa County Assessor parcel number 122-24-003N.
Council District: 8
Department
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and Recreation and Finance departments.