| | | | | | | | CITY OF PEORIA, ARIZONA COUNCIL COMMUNICATION | Agenda Item: 8C. |
Date Prepared: 12/19/2018 | Council Meeting Date: 1/8/2019 |
|
| | | | | | | | TO: | Jeff Tyne, City Manager
|
|
| | | | | | | | THROUGH:
| Henry Darwin, City Manager |
|
| | | | | | | | FROM:
| Adina Lund, P.E., Development and Engineering Director
|
|
| | | | | | | | SUBJECT:
| Right-of-Way License, Gill Family, 75th Avenue and Cactus Road |
|
| | | | | | | | Purpose:
Discussion and possible action to adopt RES. 2019-01 authorizing the City Manager to execute a Right-of-Way License to allow the placement of a freestanding monument sign for the Columbia Square shopping center, owned by the Gill Family, located east of the northeast corner of 75th Avenue and Cactus Road. |
| | | | | | | | Summary:
During the design of the newly constructed intersection safety improvements at 75th Avenue and Cactus Road, the Columbia Square freestanding monument sign along the Cactus Road frontage was identified as being partially within the existing right of way and in conflict with the designed improvements. The project improvements required the acquisition of additional right of way along Cactus Road, which minimized the shopping center’s frontage and potential areas where the sign could be placed wholly on their property. As part of our acquisition efforts, the City proposed three alternate locations within the new right of way for placement of the existing sign with the understanding that a Right of Way License would need to be entered into between the City and property owner.
An eminent domain action was filed against this property and the City Attorney’s office was able to come to a negotiated settlement with the property owner. As part of the settlement, both parties agreed to enter into this license agreement to allow the relocation of the existing sign into the new right of way. |
| | | | | | | | Previous Actions/Background:
4/5/16 – Council approved the right-of-way acquisitions by donation, outright purchase or the exercise of the power of eminent domain. |
| | | | | | | | Options:
A: Approve the adoption of the Resolution authorizing the execution of the Right-of-Way License to allow the existing monument sign to be placed in City right-of-way.
B: Deny adoption of the Resolution which will result in efforts to revisit the negotiated settlement and potential increase of compensation to the property owner.
|
| | | | | | | | Staff Recommendation:
Staff recommends that City Council approve the adoption of the attached Resolution authorizing the execution of the Right-of-Way License to the Gill Family. |
| | | | | | | | Fiscal Analysis:
There is no fiscal impact to the City associated with the granting of this Right-of-Way License. |
| | | | | | | | Contact Name and Number:
Adina Lund, P.E., Development and Engineering Director, (623) 773-7249 |
|