Attachment B-Approval Report 210064.pdf

City of Phoenix — Formal (2022-07-01)

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Planning and Development Department  
 
 
 
 
 
CONDITIONAL APPROVAL – ABND 210064 
 
 
 
 
 
 
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) 256-3487 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 January 28, 2024), 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  
 
 
 
January 28, 2022 
Abandonment Staff Report: ABND 210064 
Project# 99-817 
Quarter Section: 19-22 
District#: 5 
 
 
 
 
 
 
Location: 
Northeast Corner of 29th Avenue and Colter 
Street 
 
 
Applicant:  
Baird Fullerton, Grand Canyon University 
 
 
Request to abandon:  
8-foot wide Public Utility Easement north of 
Colter Street, north of parcel identified by 
APN 153-19-034 and east to the parcel 
identified by 153-19-005. 
  
Purpose of request:  
The applicant states to increase land 
available for redevelopment.

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City Staff Comments and Recommendations:  
 
PDD Civil Reviewer – Travis Tomich 
“Recommend approval with the following stipulations or improvements that must be satisfied to 
complete this application for abandonment: An existing sewer main is located within the 
proposed abandonment area. The abandonment of the alley may result in a 25-foot (minimum) 
sewer easement. No building or permanent structures will be allowed to encroach on a water or 
sewer easement (Design Standards Manual for Water and Wastewater Systems, III.B.5). This 
stipulation will ultimately be imposed by the Water Services Department.” 
 
Water Services Department – Don Reynolds 
“WSD has one stipulation for this abandonment. The proposed property has existing water 
and sewer mains that can potentially serve the development. 
 
1. The entire requested PUE shall be retained as a sewer easement or as may be 
modified by the affected utilities with 24-hour maintenance access subject to 
the following standard stipulations: 
 
No structure of any kind and/or block wall shall be constructed or placed

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within the easement except removable type fencing and/or paving. No 
planting except grass and/or approved ground cover shall be placed within 
the easement. It shall be further understood that the City of Phoenix shall 
not be required to replace any obstructions, paving or planting that must be 
removed during the course of required maintenance, reconstruction and/or 
construction. 
 
OR 
 
2. The applicant/property owners shall relocate all affected sewer utilities into an 
alternate easement or right of way prior to the Resolution of Abandonment in 
accordance with plans submitted to and approved by the Planning and 
Development Department, or as otherwise approved by the Water Services 
Department. All work is to be done by a licensed contractor at no expense to 
the City of Phoenix.” 
 
PDD Site Planner – Maggie Dellow 
All affected utilities shall be relocated to locations approved by each affected utility company. 
 
Village Planner – Nick Klimek 
No Comments Received  
 
Neighborhood Services- Lynda Lee 
No Comments Received  
 
Utility Provider Comments and Recommendations: 
 
SRP – Sherry Wagner 
“Salt River Project does NOT approve of the abandonments as shown in your application ABND 
10064 for the PUE’s north of Colter Street east of 29th Avenue. At this time there is an 
overhead electric line in this area. If the customer would like to have the facilities 
removed/relocated at their expense and resubmit the request we will re-review at that time.” 
 
APS – James Generoso 
No comments received. 
 
Cox Communications – Zach Lawson 
This is a conflict review.  
 
Southwest Gas – Tami Garcia 
“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 public utility easements. Southwest Gas would like to recommend abandonment of the 
public utility easements located at the above-referenced location.” 
 
Centurylink – Mary Hutton 
“Qwest Corporation d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for the 
subject vacation/abandonment and has determined that in order to protect its facilities 
CenturyLink must reserve its rights. 
 
Please SAVE AND EXCEPT an EASEMENT to CenturyLink over the following area/s:

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THE 8-FOOT PUBLIC UTILITY EASEMENT ABUTTING THE NORTH SIDE LOTS 1 AND 2, 
BLOCK 1; THE NORTH SIDE OF LOTS 1, 2, 3 AND 4, BLOCK 2; THE SOUTH SIDE OF LOT 
3, BLOCK 1; AND LOTS 5 AND 18, BLOCK 2, ALL IN THE PENNE TRACT, AS RECORDED 
IN BOOK 43 OF MAPS, PAGE 5, RECORDS OF MARICOPA COUNTY, ARIZONA AS 
DESCRIBED ON THE ATTACHED EXHIBIT “A”, SAID EXHIBIT 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 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.”  
 
Streets Utility Coordination – Rozanna Brown 
No Comments Received  
 
Stipulations of Conditional Approval 
 
The request of abandonment ABND 210064 is conditionally approved, and the following 
stipulations will need to be met:  
 
 
1. All utilities 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 applicant/property owners shall relocate all affected water and sewer utilities into an 
alternate easement or right of way prior to the Resolution of Abandonment in accordance 
with plans submitted to and approved by the Planning and Development Department, or 
as otherwise approved by the Water Services Department. 
 
3. The abandonment must be completed within two years from the conditional approval 
decision dated January 28, 2022.  
  
This conditional approval has been reviewed and approved. 
 
 
 
 
Signature: ____________________________________________    Date: ________________ 
 
 
REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator  
 
cc 
Baird Fullerton, Applicant/Representative 
 
Christopher DePerro, Team Leader Site Planning 
4/28/2022