Attachment B - Approval Report 190076.pdf

City of Phoenix — Formal (2021-07-01)

View PDF Meeting page

Extracted text (via ocr_local) 4933 characters
ATTACHMENT B

(

City of Phoenix

Planning and Development Department

CONDITIONAL APPROVAL — ABND 190076

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 two years from the date of your
conditional approval (your expiration date is January 9, 2022), 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.

Applicant:

Request to abandon:

Purpose of request:

Hearing date:

(

City of Phoenix

Planning and Development Department

January 9, 2020
Preliminary Abandonment Staff Report: V190076A
Project# 18-1329
Quarter Section: 36-24

Intersection at North 21st Avenue & Bell
Road

Grant Herneise; Hunter Engineering

To abandon the right-of-way intersections at
21st Avenue and Bell Road.

The applicant states: Hunter Engineering is
proposing new Rights-of-Way to be
dedicated that will replace the existing
improvements with new improvements
within the portions to be abandoned.

January 9, 2020

Attachment A - Map
——weELLRD— J

N-ASTHAVE

Feet
410 205 0) 410

Ren RRA
APPLICANT: HUNTER ENGIN QUARTER SECTION: 36-24
ABANDONMENT AREA: DATE: 04-NOV-2019
APPLICATION NO: V190076A BOOK 317 PAGE 20

@ City of Phoenix
PUAIINE.G ANS GDS SINT OE SRT

Hearing Summar

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

Ms. Rocio Iniguez, the Abandonment Coordinator, read the abandonment request, purpose and
staff research into the record.

Mr. Christopher DePerro, the Hearing Officer asked the applicant if there was anything further
he would like to explain on the abandonment request.

Mr. Grant Herneise with Hunter Engineering explained that they are trying to get rid of the
existing slip lane on Bell Road and are currently under review to turn into a stop intersection.
They are doing the abandonment to prepare for future development in the area.

The Hearing Officer discussed the research he had found. He wanted to clarify that the pieces
that were State Land at one point were issued not dedicated. Area of bell road between the two
issuances of easements were granted originally to Maricopa County that was later amended to
include utilities. The City then annexed it, later there was an assignment from Maricopa County
to the City of Phoenix which then accepted the assignment converting it to City easement. The

3

underlying fee title before sunbelt purchased it through auction was State Land. The fee title
auction took any existing encumbrances. Therefore, abandoning anything within the 55 feet
south monument line cannot be done through this process, however in speaking to Jamie Spear
our Deputy Finance Director you can dedicate over it as the fee title owner.

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 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.

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

2. No right-of-way within 55 feet the Bell Road monument line shall be abandoned. Only
the easements dedicated under Book 317, Page 20 may be abandoned per this
application.

3. Dedicate right-of-way totaling 55 feet and a 10-foot wide sidewalk easement for the
south half of Bell Road

4, Dedicate a minimum right-of-way totaling 40 feet for 218' Avenue for the length of the
abandonment request.

5. Final approval of this abandonment shall run concurrently with the street dedications.

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

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

Hearing Officer Signature: bod Date: if pe ‘2020

REPORT SUBMITTED BY: ald larreal, Abandonment Secretary.

cc: Applicant/Representative, Grant Hirneise; Hunter Engineering
Christopher DePerro, Abandonment Hearing Officer