Attachment B - Approval Report ABND 240026.pdf

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Planning and Development Department 
CONDITIONAL APPROVAL – ABND 240026 
Your abandonment request was granted CONDITIONAL APPROVAL. 
This request will NOT be completed until all the stipulations have been met and this request is 
formally adopted by City Council. It is the APPLICANT’S RESPONSIBILITY to ensure that all 
stipulations are satisfied. Please contact the Abandonment Coordinator at (602) 262-7403 
for questions and notification of your completion of the stipulations.  
Upon completion of the stipulations your request will be scheduled for City Council formal 
approval. You will receive a copy of the abandonment document after it has been recorded with 
Maricopa County. 
If the stipulations of abandonment are not completed within two years from the date of your 
conditional approval (your expiration date is June 26, 2026), this request will then expire.  At 
that time a new submittal will be required along with the required payment for the abandonment 
process. A one time, one year extension can be requested prior to the expiration date, with 
applicable extension fee due. 
Attachment B

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Planning and Development Department  
 
 
June 26, 2024 
Abandonment Staff Report: ABND 240026 
Project# 24-558 
Council District: 6 
 
 
 
 
 
Location: 
97 Biltmore Estates   
 
Applicant:  
Kathleen L. Quirk 
 
 
Request to abandon:  
To abandon a 12-feet by 110-feet public 
utility easement (PUE). 
  
 
Purpose of request:  
The applicant states the portion of the 
abandonment area does not include utilities. 
Further the PUE is within the footprint of 
existing house and as such is no longer 
warranted.

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City Staff Comments and Recommendations: 
 
PDD Civil Reviewer – Darren Chapman 
Civil recommends approval without stipulation.   
 
Water Services Department – Donald Reynolds 
WSD has a stipulation for this abandonment. Please Note: (The substandard water main has 
two services off of it. One for the property the other to the property on the south side. Please 
verify if these are active or not. If not active, please abandon the existing 4-inch substandard 
prior to the Resolution of Abandonment in accordance with plans submitted to and approved by 
the Planning and Development Department.) If active see #1 below before PUE can be 
abandoned along with the 4” main: 
1. The existing water meter(s) shall be relocated onto the public right of way in accordance 
with plans submitted to and approved by the Planning and Development Department. All 
work is to be done by City forces at no expense to the City of Phoenix. 
 
PDD Site Planner – Dru Maynus 
Recommend approval.

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Street Transportation Department Utility – Rozanna Brown 
The City of Phoenix Street Transportation Utility Coordination Section has no comments.  
 
 
Utility Comments 
The request was also routed to outside utility companies for their input. Listed below are the 
responses from each utility. 
Cox – Zach Lawson 
I have reviewed the abandonment request at ABND 240026 APN 164-12-982 in Phoenix, 
{Maricopa County}, AZ. Based upon the supplied drawings/exhibits that you’ve submitted it has 
been determined that COX has no facilities within the easement and therefore we approve your 
request to abandon.   
 
Please note that although Cox Communications approves this abandonment, we do so with the 
understanding that we will not assume any construction, relocation and/or repairs costs 
associated or in result of this abandonment.  
 
Southwest Gas – Susan R. Mulanax 
After reviewing the plans for the above-referenced project, it has been determined that there are 
no apparent conflicts between the Southwest Gas system and your proposed abandonment of 
the sidewalk easements proposed. Southwest Gas would like to recommend abandonment of 
the public sidewalk easements located at the above-referenced locations per the subject ABND 
request. 
 
Arizona Public Service – Kimberly Paxson 
APS has no objection to this abandonment as the subject property is outside of APS service 
territory. 
 
CenturyLink – Tori Jacoby 
CenturyLink of Arizona, Inc. d/b/a CENTURYLINK (“CenturyLink”) has reviewed the request for 
the subject vacation and has determined that it has no objections with respect to the areas 
proposed for vacation as shown and/or described on Exhibit “A”, said Exhibit “A” attached 
hereto and incorporated by this reference. 
 
It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to 
any other existing easement or rights we have on this site or in the area. 
 
This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are 
found and/or damaged within the vacated area as described, the Applicant will bear the cost of 
relocation and repair of said facilities. 
 
If you have any questions please contact Tori Jacoby at (361) 275-4316 or 
tori.jacoby@lumen.com.  
 
Salt River Project – Michael Laguna 
Salt River Project has no objection to the abandonment of the 12’ Public Utility Easement as 
described in Docket 16407-1179 and as shown on the provided survey for 97 Biltmore Estates 
Drive. There are no Salt River Project’s facilities within the proposed abandonment area.

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Stipulations of Conditional Approval   
 
The request of abandonment ABND 240026 is conditionally approved, and the following 
stipulation will need to be met:  
 
1. All utilities within the subject PUEs shall be relocated to locations approved by each 
affected utility company.  All work is to be done by each affected utility company at no 
expense to the affected utility company. An appropriate performance agreement, in an 
approved form and cost amount, must be posted with the Planning and Development 
Department to guarantee the improvements. 
2. The existing water meter(s) shall be relocated onto the public right of way in accordance 
with plans submitted to and approved by the Planning and Development Department. All 
work is to be done by City forces at no expense to the City of Phoenix. 
 
3. The above stipulations must be completed within two years from the conditional 
approval decision dated June 26, 2024.  
 
 
This conditional approval has been reviewed and approved. 
 
 
 
 
Signature: ____________________________________________    Date: ________________ 
 
 
 
REPORT SUBMITTED BY: Dru Maynus, Abandonment Coordinator 
 
cc 
Kathleen L. Quirk, Applicant/Representative  
 
David Dick, Architect, Applicant/Representative 
 
Miguel Victor, Deputy Director of PDD 
 
Aracely Herrera, Site Planning Supervisor, Planner lll 
 
7.10.24