Attachment B - Approval Report 210032.pdf
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Planning and Development Department
CONDITIONAL APPROVAL – ABND 210032
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 Maggie Dellow 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 June 30, 2023), 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 30, 2021
Abandonment Staff Report: ABND 210032
Project# 16-1529
Location:
East of 19th Avenue at Park Street
Applicant:
Nick Johnson, Sunrise Engineering, Inc
Request to abandon:
All publicly dedicated easements dedicated
within all tracts and lots 38, 39, 40, 153, 155,
156, 157, and 158 as shown on the Final Plat
for “The Courtyards at Madison Ranch”,
Recorded in Book 973, Page 46, MCR; those
dedicated within all Tracts as shown on the
Final Plat for “The Courtyards at Madison
Ranch”, Recorded in Book 1326, Page 50,
MCR.
Purpose of request:
The applicant states the Courtyards at
Madison Ranch Homeowners Association
engaged Sunrise Engineering Inc. for the
purposes of correcting the replat of “The
Courtyards at Madison Ranch”, as recorded
in Book 1326, Page 50, of Maricopa County
Records; Located in the southwest quarter of
Section 31, Township 1 North, Range 3 East,
of the Gila and Salt River Meridian, Phoenix,
Maricopa County, Arizona. This site is
undergoing a replat (see PLAT 200582).
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City Staff Comments and Recommendations:
Civil Review – Darren Chapman:
“Recommend approval.”
PDD Site Planner – Emily Dawson:
“Recommend approval.”
Traffic – Derek Fancon:
“Recommend approval.”
Street Transportation Department – Alan Hilty”
“The final approval of the abandonment shall run concurrently with the new plat.”
Water Services Department – Donald Reynolds:
“A “Technical Appeal” will be required for approval of water and sewer easements width being
reduce.
“If parallel City water or sewer mains are to be located in the same easement, the adjusted
minimum easement width for the overlapping easements shall be the sewer easement width
plus an additional 7 feet.” This would be 35’ ft. plus 7’ ft. would equal 42’ ft. which the internal
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roadway does not meet.
The entire right of way or public easements shall be retained as a water and 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 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.
Solid Waste – Michael Dwyer:
“Solid Waste approves this abandonment.”
Neighborhood Services Department – Lynda Lee:
“NSD recommends approval with community consent.”
Village Planner – Enrique Bojorquez:
“No comments on this abandonment.”
Utility Provider Comments and Recommendations:
SRP – Sherry Wagner:
“Salt River Project does not approve of all of the abandonments. The north West section has
facilities and no easements to protect the facilities the northeast and east and southwest and
south all have SRP easements.”
APS – James Generoso:
“APS has no objection to the abandonments requested in ABND210032. The subject site is
outside of APS service territory.”
Cox Communications – Zach Lawson:
“I have reviewed the abandonment request at ABND 210032 East of 19th Avenue at Park Street
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 easements 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 – Nancy Almanzan:
“After review, SWG has determined that there are no existing or proposed facilities within the
area proposed and have no objection to the request as presented.
Nothing in this is intended or shall be construed to affect, reduce, or diminish any other existing
property rights or easement SWG may have at this site or within the area affected. SWG retains
the right to use any other reservations, easements, licenses or other property rights in which it
may have an interest or that otherwise may be located within the area proposed.”
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Centurylink – Mary Hutton:
“Qwest Corporation d/b/a CENTURYLINK QC (“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 with the Stipulation that approval of the request by
CenturyLink will not take effective until the new Replat for the Courtyards at Madison Ranch is
recorded.
It is the intent and understanding of CenturyLink that this Vacation shall not reduce its rights to
any other existing easement or rights it has 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:
“The Street Transportation Utility Coordination Section has no comments.”
Stipulations of Conditional Approval
The request of abandonment ABND 210032 is conditionally approved and the following
stipulations will need to be met:
1. Either a or b shall be complied with:
a. 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.
b. All right-of-way shall be retained as a public utilities easement with 24-hour vehicle
maintenance access.
2. The final approval of the abandonment shall run concurrently with PLAT 200582, which
must provide easements sufficient for all new and existing utility lines and facilities.
3. The abandonment must be completed within two years from the conditional approval
decision dated June 30, 2021.
This conditional approval has been reviewed and approved.
Signature: ____________________________________________ Date: ________________
REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator
cc
Applicant/Representative, Nick Johnson, Sunrise Engineering, Inc.
Christopher DePerro, Team Leader Site Planning
6/30/21