Attachment B - Approval Report ABND 250026.pdf

ATTACHMENT B
Planning and Development Department
CONDITIONAL APPROVAL – ABND 250026
Your abandonment request was granted CONDITIONAL APPROVAL by Craig Messer,
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 Dru Maynus 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 action.
If the stipulations of abandonment are not completed within two years from the date of your
conditional approval (your expiration date is July 10, 2027), 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.
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Planning and Development Department
July 10, 2025
Preliminary Abandonment Staff Report: ABND 250026
Project# 13-2270
Quarter Section: 43-22
District#: 1
Location: 2825 and 2833 West Louise Drive
Applicant: Lauren Proper Potter / Huellmantel &
Affiliates
Request: To waive a 33-foot-wide by 305-foot-long
federal patent easement located on
properties 2825 and 2833 West Louise
Drive (Recorded on August 22, 1955, per
Book 1700, Page 252). Also, to abandon
two 10-foot-wide water line easements that
are located on properties 2825 and 2833
West Louise Drive per Water Line
Easement Document 2017-0606550 dated
August 17, 2017, and Water Line Easement
Document 2017-0513692 dated July 14,
2017.
Purpose of request: Applicant states the waterline easement will
be replaced with a new 21-foot waterline
easement to be dedicated via plat. To add,
the federal patent easement needs to be
abandoned because it is obsolete.
Hearing date: July 10, 2025
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City Staff Research
City Staff research shows that the Federal Patent Easement was dedicated under Patent
Number 1143645 on August 22, 1955. If waived, the subject properties located at APNs 206-04-
006L, -006S, -006T, and -006U will no longer be encumbered by the Federal Patent Easement.
To add city staff research shows that a permanent water line easement located on APN 206-04-
006L (2825 West Louise Drive) was dedicated via Water Line Easement Document 2017-
0606550 dated August 17, 2017. Lastly, a permanent water line easement located on APNs
206-04-006S (2833 West Louise Drive) was dedicated via Water Line Easement Document
2017-0513692 dated July 14, 2017. If the water line easements are abandoned 2825 & 2833
West Louise Drive will no longer be encumbered by the water line easement.
City Staff Comments
This request was routed to various City departments for their recommendations. Listed below
are the responses from each department.
Street Transportation Department – Josh Rogers
The Street Transportation Department has reviewed the attached abandonment application and
has the following:
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Stipulations:
1. All landlocked parcels shall be replated, legally combined, or have an alternate legal
access provided (private ingress/egress easement) to a public street.
Should you have any questions regarding these comments, please contact me at
Joshua.rogers@phoenix.gov.
Street Transportation Utility Coordination Department– Andrea Diaz
Street Transportation Department Utility Coordination section has no comments.
PDD Traffic Department – Derek Fancon
Recommend approval.
PDD Planning Department – Dru Maynus
Site Planning recommends approval of the general land office easement/federal patent
easement and waterline easement without stipulations.
Streetlights – Jason Fernandez
Recommend approval.
Solid Waste – Megan Sheets
Recommend approval.
Water Services – Leticia Saenz
WSD has stipulations for this PUE Abandonment. 4-inch water main within the easement
will have to stay in place as it provides services to the properties to the east. A 25-foot
minimum water easement width is required. Refer to WSD, DSM. Any requests for an
easement reduction will require a technical appeal.
PDD Long Range
No comment received.
PDD Civil Department – Marcos J. Cartagena
Recommend approval.
Public Transit Department – Skitch Kitchen
The Public Transit Department has no comment on this project.
Neighborhood Services Department – Yvette Roeder
NSD has no concerns.
Utility Comments
The request was also routed to outside utility companies for their input. Listed below are the
responses from each utility.
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Cox – Zach Lawson
I have reviewed the proposed abandonment request for the PUE alley located at W Louise Dr
and N 28th Ave Phoenix Arizona.
Based on the supplied drawings/exhibit that you’ve submitted it has been determined that COX
will allow easement abandonment with the following stipulations.
Cox Communications accepts no liability for costs associated with relocation and/or repairs of
existing facilities required due to this proposed abandonment.
Please have the developer contact us when they have plans with the pole removal and we will
get a conflict review set up for them along with an estimate.
Southwest Gas – Susan R. Mulanax
After reviewing the request for the above-referenced project, it has been determined that there
are no apparent conflicts between the Southwest Gas (SWG) system and your proposed
abandonment of a portion of the Federal Patent Easement 1143645.
Nothing in this Vacation or response 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
being vacated.
Thank you for your cooperation on this project. Please contact me if you have any questions or
require additional information.
Arizona Public Service – Nichole Harvey
APS could agree to stipulations with the abandonment request if a PUE was in place where all
existing APS facilities are within the abandonment area.
Should you have further questions concerning this matter, please contact me 602-371-6966 or
landservices@Apsc.com.
CenturyLink – Jody K. Butte
QWEST CORPORATION d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request
for a letter of no objection to the abandonment described above and has determined that it has
no objection. Lumen has no active local network facilities located within the project limits.
Lumen facilities are located within the ROW of Louise Drive.
In the event CenturyLink/Lumen facilities are found and/or damaged or need to be removed
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 Jody Butte, 814-599-0114 jody.butte@lumen.com.
Salt River Project – Michael Laguna
Salt River Project has no objection to the abandonment of the federal Patent and water
easement as shown in the abandonment package. This is in an Arizona Public Serving area.
If you have any questions or need further information, please contact me at 602-236-3116.
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Recommended Stipulations of Approval
The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject
to the following stipulations:
1. Any existing public or private utilities within the abandonment area shall either be relocated
or shall remain in an appropriate easement as approved by the Planning and Development
Department. Relocated utilities shall be placed in a location approved by the 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. Applicant shall ensure that a 4-inch water main within the easement will have to stay in
place as it provides services to the properties to the east. A 25-foot minimum water
easement shall be dedicated over the existing water main as approved by the Water
Services Department.
3. Applicant shall obtain City approval of a legal description of the abandonment area prior
to City Council approval of ABND 250026.
4. Applicant shall ensure that all landlocked parcels are replated, legally combined, or have
an alternate legal access provided (private ingress/egress easements) to a public street.
5. All stipulations must be completed within two years from the Abandonment Hearing
Officer’s decision.
This conditional approval has been reviewed and approved by the Abandonment Hearing
Officer.
July 11, 2025
Hearing Officer Signature: ____________________________________ Date: ___________
REPORT SUBMITTED BY: Dru Maynus, Abandonment Coordinator.
cc: Lauren Proper Potter, Applicant
Huellmantel & Affiliates, Applicant Representative
Craig Messer, Abandonment Hearing Officer
If the area to be abandoned is within or adjacent to a redevelopment area established pursuant to
A.R.S.§36-1471 ET.SEQ., Consideration may be given to the restrictions upon the property and the
covenants, conditions and obligations assumed by the redeveloper in the determination of fair market value.
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