Amended City Council Regular


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  ITEM 23.       
Meeting Date: 02/09/2021  
Submitted For: Trevor Ebersole
Department: Transportation  

Subject
ORDINANCE NO. O21-08
 
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF AN AVIGATION EASEMENT IN FAVOR OF THE CITY OF GLENDALE RELATING TO PROPERTY GENERALLY LOCATED 315 WEST OF THE NORTHWEST CORNER OF BALLPARK BOULEVARD AND CAMELBACK ROAD AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE AND THE ACCOMPANYING EASEMENT.

ORDINANCE NO. O21-09
 
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF A NOISE AND LIGHT EASEMENT IN FAVOR OF THE CITY OF GLENDALE RELATING TO PROPERTY GENERALLY LOCATED 315 WEST OF THE NORTHWEST CORNER OF BALLPARK BOULEVARD AND CAMELBACK ROAD AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE AND THE ACCOMPANYING EASEMENT.

RESOLUTION NO. R21-10
 
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A DECLARATION OF RESTRICTIONS GIVEN BY EMPIRE VILLAGE AT CAMELBACK PARK, LLC, IN FAVOR OF THE GLENDALE MUNICIPAL AIRPORT.
Presented by: Trevor Ebersole, Director, Transportation 
Purpose and Recommended Action
This is a request for City Council to waive reading beyond the title and adopt two ordinances and one resolution authorizing the City Manager to execute and file an avigation easement, a declaration of restrictions, and a noise and light easement between the City of Glendale and Empire Village at Camelback Park, LLC, a Delaware Limited Liability Company (Empire). 
 
Background
Empire is developing a new multi-family residential property located on the northwest corner of Ballpark Blvd and Camelback Road in the City of Phoenix. The project is a 16.7-acre parcel with 194 single-family residential dwelling units for rent or lease. The development parcel is approximately 2,700 feet from the runway at Glendale Municipal Airport and lies beneath the aircraft traffic pattern for the airport and the transition path to and from the airport for helicopter training.  In addition, the development is in close proximity to the stadium at Camelback Ranch.  Because the development is so close to the Airport and the Camelback Ranch stadium, Empire volunteered to execute an avigation easement, declaration of restrictions, and a noise and light easement with the City of Glendale.   

The avigation easement conveys to the Airport a perpetual, non-exclusive, assignable noise and overflight easement upon and over the development.   
 
The declaration of restrictions requires Empire or subsequent owners who enters into any lease agreement with any Person who will obtain a leasehold interest in the Owner’s Tract, or any portion thereof (any such agreement, a “Lease” and any such Person, a “Tenant”), shall include in any Lease certain covenants and restrictions associated with noise and overflight complaints. 
 
The noise and light easement grant and convey to the City a perpetual, non-exclusive, assignable light and noise easement upon and over the development for noise, light, and other negative impacts caused by events at Camelback Ranch. 
 
Analysis
The avigation easement is effective upon the approval of the final site plan for the development by the City of Phoenix as depicted in City of Phoenix Application No. SCMJ 2013080 and will terminate when the Airport is no longer used for airport purposes.   
 
The declaration of restrictions will be effective upon the recordation in the Official Records of Maricopa County, Arizona, and will continue in effect in perpetuity, and be irrevocable and cannot be amended without the written consent and due authorization of the City of Glendale. 
 
The noise and light easement are effective upon approval of the final site plan for the development by the City of Phoenix as depicted in the City of Phoenix Application No. SCMJ 2013080 and will terminate when Camelback Ranch is no longer used for any baseball purposes.
Previous Related Council Action
None
Community Benefit/Public Involvement
The avigation easement, declaration of restrictions, and the noise and light easements will protect City of Glendale investments in the Airport and Camelback Ranch. 
The City of Phoenix Planning Commission conducted a public hearing on the Empire development June 4, 2020 and approved the development request.   
The Phoenix City Council conducted a public hearing on the Empire development and approved the development during its meeting June 24, 2020. 
 
Attachments
O21-08
O21-09
R21-10
Exhibit 1
Declaration of Restrictions
Glendale Aviation Easement
Noise and Light Easement


    

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