Title
Authorization to Accept a Trail Easement and to Terminate Existing Easements for the Relocation of a Portion of Cholla Trail and to Execute an Easement Agreement for a Drainage System (Ordinance S-48414)
Description
Request authorization for the City Manager, or his designee, to execute a trail easement agreement with Host Camelback I, LLC and to terminate existing easements for the relocation of a portion of the Cholla Trail, and to execute a separate easement agreement for a drainage system.
Additionally, request the City Council to grant an exception pursuant to Phoenix City Code § 42-20 to authorize inclusion in the documents pertaining to this transaction of indemnification and assumption of liability provisions that otherwise would be prohibited by Phoenix City Code § 42-18.
Report
Summary
A portion of the Cholla Trail is located on a trail easement through the Phoenician property before reaching City property on Camelback Mountain near the summit. The location of the trail along Cholla Lane created several issues including hikers in the middle of the street during busy times, traffic congestion as some hikers are illegally dropped off at the trailhead, no drinking water for hikers to hydrate, hikers helping themselves to hose water at private residences, no public restroom, and no way to close trail during off hours.
Host Camelback I, LLC (Host) received approval for the Phoenician Planned Unit Development through Ordinance G-6368, adopted on Oct. 4, 2017, with the stipulation that Host would grant the City a new, perpetual, and non-exclusive single track hiking trail easement to accommodate the relocation of the lower portion of the City's existing Cholla Trail onto property in the northeast corner of the Phoenician. With the redevelopment of the Phoenician, an opportunity arose to relocate the trailhead from Cholla Lane to Invergordon Road and to implement improvements to remedy the issues.
The City and Host will execute an easement agreement which requires the termination of the following easements via quitclaim deed: (i) MCR 1998-0012346 recorded on Jan. 8, 1998, (ii) MCR 1987-740674 recorded on Dec. 15, 1987, as corrected by MCR 1990-116663 recorded on March 16, 1990, and (iii) any other prescriptive easements or rights to use any other property located on Host’s property for a hiking trail.
In exchange, Host will convey to the City a perpetual, non-exclusive 15-foot-wide easement within a portion of Host’s property for the purpose of construction, maintenance, and operation of the new trail, including public use upon completion. Host will also convey to the City a perpetual, non-exclusive easement over additional portions of Host’s property for the following purposes: (i) to accommodate the public’s use of restrooms located at the trailhead of the new trail, including servicing of the restrooms; (ii) to facilitate the City’s ability to access the lower portion of the new trail in the event of emergencies; (iii) to construct and maintain portions of the new trail; and (iv) to construct and maintain hydration stations.
The City is responsible for all costs associated with the construction, operation, and maintenance of the new trail and related improvements. The City will be required to pay $1,000 per day if the City’s improvements are not substantially complete within a 365-day period. Grantor shall have the right, but not the obligation, to remedy any violation of the agreement or default not remedied after 10 days written notice, and charge the City for all costs and expenses of such remedial work, plus an additional management fee of 15 percent. Currently, the project is scheduled to be completed prior to the end of the 365-day period.
The City and Host will enter into a separate written easement agreement for the design, construction, installation, and maintenance of a drainage system along the north property line of Host’s property adjacent to the residential neighborhood known as Cholla Heights containing terms and conditions that are mutually satisfactory to the City and Host. The drainage system will be designed to accommodate a 100-year storm event with the purpose of protecting downstream private property.
Location
West of North Invergordon Road and south of East Cholla Lane within Maricopa County Assessor's Parcel Number 172-12-072.
Council District: 6
Department
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and Recreation and Finance departments.