Title
Request to Enter Into an Easement and Drainage Agreement with Empire Residential Communities Fund IV, LLC (Ordinance S-52849) - District 7
Description
Request to authorize the City Manager, or the City Manager's designee, to enter into an easement and maintenance agreement for drainage purposes with Empire Residential Communities Fund IV, LLC across City-owned property located south of Southern and the 105th avenues alignment. Further request to authorize the City Treasurer to accept all funds related to this item.
Report
Summary
Empire Residential Communities Fund IV, LLC is constructing a 279-lot detached single-family residential subdivision, known as Southern Sky (the "Development"), located on the southeast corner of 107th and Southern avenues.
For the Development, Empire Residential Communities Fund IV, LLC has requested permission to discharge stormwater through a drainage ditch on a City property that was originally acquired as a part of the Tres Rios Wetland project in 1997. The property's deed granted a permanent easement permitting agricultural water flow from the Development parcel into this drainage ditch. Now, Empire Residential Communities Fund IV, LLC seeks a drainage easement for the Development to channel storm water through the ditch. All connections to the existing concrete channel will remain within the Development, preserving current City conditions and historical flow patterns. The Flood Control District of Maricopa County also reviewed the storm water discharge plans and confirmed the proposed drainage rate is lower than current conditions. Empire Residential Communities Fund IV, LLC will enter into an Easement and Maintenance Agreement with the City for acquiring this easement and for ongoing maintenance of the drainage ditch.
The easement, totaling 1,578 square feet, is required for plat approval of the Development and is intended to direct overflow surface water from the proposed subdivision to the Salt River. Empire Residential Communities Fund IV, LLC, or its successor, will be responsible for maintaining the ditch within the easement and its improvements.
Financial Impact
The City will be compensated for the easement based on market value and will no longer be responsible for maintaining the existing drainage ditch.
Location
Maricopa County Assessor's Parcel Number: 101-46-003F
Council District: 7
Department
Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Ginger Spencer and the Finance and Water Services departments.