Attachment B - Approval Report 190094.pdf

Attachment B - Approval Report

(

City of Phoenix

Planning and Development Department

CONDITIONAL APPROVAL — ABND 190094

Your abandonment request was granted CONDITIONAL APPROVAL by Christopher DePerro,
Abandonment Hearing Officer.

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 Robert Martinez at (602) 495-0156 for questions and
notification of your completion of the stipulations.

Upon completion of the stipulations Robert Martinez will schedule your request for City Council
action.

If the stipulations of abandonment are not completed within one year from the date of your
conditional approval (your expiration date is February 20, 2021), 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.

(

City of Phoenix

Planning and Development Department

February 20, 2020
Preliminary Abandonment Staff Report: ABND 190094
Project# 18-1828
Quarter Section: 50-22

Location: 27777 North Black Canyon Highway
Applicant: Brian Rosenbaum
Request to waive: To waive a federal patent easement on

properties APN 205-01-010L & 205-01-
010J; referencing Docket 1388, Page 438 of
Maricopa County Recorder.

Purpose of request: The applicant states: for private property
development.

Hearing date: February 20, 2020

ATTACHMENT A - MAP

20501-0115,

Vax:

206.01.010)

RIGHT-OF-WAY EASEMENT
1338-433

A APPLICANT Brian Rosenbaum Nexhleto QUARTER SECTION 50. 22
ABANDONMENT AREA [77 J DATE 017062020
0 120 2p ; APPLICATION NO ABNO 190094 BOOK APAGE 1388-438 Q sia
Feet! | vere

Hearing Summary

Mr. Christopher DePerro, the Abandonment Hearing Officer opened the hearing and provided
instructions.

Ms. Emily Dawson, the Abandonment Coordinator, read the case into the record.
Mr. Christopher DePerro, then turned the discussion over to the applicant.

Mr. Jared Geisler, with NexMetro Communities introduced himself for the record. Mr. Geisler
then went on to explain that NexMetro acquired the property in January of 2019, has been
working with City Staff on redeveloping the property for the past 18 months plus. Mr. Geisler has
been working with City Staff to develop of 211-unit multifamily project and has been
coordinating to modify the existing sewer easement on the property as well as add in a new
water line. Through the development process, we were not notified about the patent easement
on site but is shown on City maps which is why the application was submitted. The patent
easement does affect with some of the structures, so we are requesting that it is removed.

Mr. Geisler did request that drafted stipulation number 1 be removed, because of the existing
sewer line in place and the newly dedicated water easement.

The Hearing Officer granted a Conditional Approval with revised stipulations.

Stipulations of Conditional Approval

The request of abandonment, is conditionally approved by the Abandonment Hearing Officer.
The following stipulations will need to be met:

1. Either a or b shall be complied with:

a. All utilities other than water and sewer 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. Water and sewer may remain as long
as they are located within the separately dedicated water and sewer easement.

b. All right-of-way shall be retained as a public utilities easement with 24-hour vehicle
maintenance access.

2. All stipulations must be completed within one year from the Abandonment Hearing
Officer’s decision.

This conditional approval has been reviewed and approved by the Abandonment Hearing Officer.

Hearing Officer Signature: Nie a— Date: 6. 2 2oza
a) V

REPORT SUBMITTED BY: Alyssa Villarreal, Abandonment Secretary

ce: Applicant/Representative, Brian Rosenbaum
Christopher DePerro, Abandonment Hearing Officer