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May 8, 2023
S2024001
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
May 8, 2024
Case #/Title:
S2024001 – Leisure World – Verde del Sur – Lot 2484
Supervisor District:
2
Applicant/Owners:
Michael Buschbacher II, Earl & Curley, PC/ Steve & Carol Hall
Request:
Replat for one residential lot and no tracts in the R1-6 zoning district
Site Location:
One mile northeast of the northeast corner of Southern Ave. and
Higley Rd. in the Mesa Area
Site Size:
Approximately 7,996 sq. ft.
County Island Status:
Yes (Mesa)
Additional
Comments:
This is a replat of a single lot of the Leisure World – Verde del Sur
subdivision (MCR# 295-08) to abandon a recorded ten-foot wide
public utility/drainage easement along the lot’s northern property
line. The purpose for this replat is to expand the home’s existing
garage northward toward the lot’s required five-foot wide side yard,
which will encroach into the ten-foot wide recorded easement on
this parcel.
Letters from all utility providers have been included in this report.
The utility providers have stated that there is no infrastructure
buried inside the easement, which was verified by an independent
survey on the lot, see attached. These utility providers and the
homeowner’s association for Leisure World are supportable for the
abandonment of this easement.
Recording fees will be furnished at the time of plat recordation. All
requirements
of
the
Maricopa
County
Department
of
Transportation, the Maricopa County Environmental Services
Department, the Flood Control District of Maricopa County, and the
Drainage Review Division of the Maricopa County Planning and
Development Department have been met.
May 8, 2023
S2024001
Page 2 of 2
Recommendation:
Approval
Presented by:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
Letter to the Board of Supervisors (1 page)
Reduction of Final Plat (2 pages)
Narrative Report (4 pages)
DPR Comment Letter (1 page)
Arizona 811 Survey Letter (3 pages)
Letter from the HOA (1 page)
Letter from Mesa’s Engineering Department (1 page)
Letters from Utility Providers (5 pages)
Taylor C. Earl, Managing Partner
Earl & Curley, P.C.
3101 N. Central Avenue, Suite 1000
Phoenix, AZ 85012
March 26, 2024
Maricopa County Board of Supervisors
Re: Intent of Re-Plat for Leisure World – Verde del Sur – Lot 2484
Drainage/Public Utility Easement Abandonment
Dear Supervisors and Chair,
By way of this letter, I am formally requesting your approval of a re-plat of a single lot to
abandon a drainage and public utility easement. The lot in question is lot number 2484
within Leisure World – Verde del Sur in Maricopa County, Arizona
This replat would remove an old easement that has not been used and will not be used
in the future for either drainage of public utilities. We have worked with County staff to
provide all the required information and submittal material to clearly document that this
easement is not needed.
We appreciate your time and review of this matter and seek your approval to abandon
the subject 10-foot-wide easement, which is now shown as removed in the proposed
re-plat document.
Thank you for your time and consideration.
Sincerely,
Taylor C. Earl
Managing Partner
o (602) 265-0094
tearl@earlcurley.com
RECEIVED 4.APR 24
S2024001
Leisure World – Verde del Sur – Lot 2484 Replat
Drainage/Public Utility Easement Abandonment
One Mile NE of the NEC of Southern Avenue and Higley Road in the Mesa area.
APN: 141-83-478
Prepared for:
Steve & Carol Hall
Property Owners of Record
Subdivision Case Number: S2024001
PREPARED BY:
EARL & CURLEY, PC
3101 N. CENTRAL AVENUE SUITE 1000
PHOENIX, ARIZONA 85012
January 24, 2024
Revised: March 14th, 2024
RECEIVED 27.MAR 24
S2024001
2 | P a g e
Purpose of Request
Streamline Construction has been contracted by the homeowner to renovate the
kitchen, bathroom, and garage at their residence located at 2484 Leisure World
located in unincorporated Maricopa County. Please see aerial photo below of
the site showing the existing conditions.
The project anticipates expanding the garage to the northwest by 6 additional
feet. The result of this expansion anticipates building over the top of a drainage
and public utilities easement.
While this easement was planned and dedicated, it was never used to convey
drainage or place utilities and is vacant of any buried or overhead utilities. As a
result, we are seeking an extinguishment/abandonment of the easement, with
letters of support for this effort from all utility companies identified through a blue
stake request. If the area cannot be abandoned we would seek an
encroachment over a portion of the easement as an alternative. Please see a
photo of the easement area in question below.
3 | P a g e
Description of Request
In accordance with due diligence, the contractor called for Blue Stake to mark
any existing utilities to confirm that no utilities were constructed within the 10-foot
easement boundary. The results of the locate request ticket number
2022072600758 identified six utility providers that provide service to the property.
They were instructed to locate any service lines that are located on the property.
The utilities that responded included Cox Communications, Global Water, Leisure
World Community Association, City of Mesa Utilities, Century Link and Salt River
Project. We sent a new, updated blue stake request, ticket#2023100202528 to
obtain marking information and confirm that they area is still clear of any utilities.
We are contacting each utility, sharing our plans with them, and have been
asking for a letter giving the owner’s permission to either abandon or encroach
on the easement from each of those utility providers.
We have received blue stake non-conflict responses from CenturyLink, City of
Mesa, Salt River Project, the Leisure World Community Association, Global Water
4 | P a g e
and Cox Communications. The attached letters show there is no conflict within
the easement area, and we can continue to pursue an abandonment or
extinguishment of the easement. If only an encroachment is allowable, we would
like a letter confirming that would be allowable. A four-foot-wide portion of the
easement can remain in place, providing access if any utility needs to exercise
their right to use the easement if the easement is not extinguished or abandoned
and retained with an allowance for our encroachment request. But of course, we
prefer the full extinguishment of the easement.
Our client and the contractor are aware of and understand the liability of
encroaching on the easement and have retained our firm to obtain the
encroachment/abandonment letters from the various utilities and have agreed
to a waiver if encroachment is the only option.
Thank you for your consideration in reviewing our request to either eliminate or
allow encroachment on the property owned by Steve and Carol Hall located at
2484 Leisure World in Maricopa County.
2484 Leisure World - Utilities and Service Table
Utility Provider
Service Provided
Cox Communications
Cable TV/Internet/Phone
Global Water
Water
Leisure World Community Association
Homeowners Association
City of Mesa Utilities
Drainage/Water/Sewer
Century Link
Phone/Internet
Salt River Project
Electrical Utility Provider
Page 1 of 1
Bob Fedorka, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
bob.fedorka@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
February 05, 2024
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning
& Development
Attn:
Martin Martell Planner, Planning & Development Services
From:
Robert Fedorka, PE, Engineering Supervisor, Planning &
Development Services
Subject:
S2024001 – Easement Abandonment
(E1 Memo)
Job Site
Address:
2484 Leisure World
APN(s): 141-83-478
PND Engineering Review has reviewed the 1st submittal of the subject application
routed for review on 1/31/23 and has no comments.
Review of historical aerials indicate that the easement has not been, and is currently
not used for its intended use.
The owner shall be responsible for maintaining historic drainage patterns.
Please contact me if you have any questions or require any additional information.
LOCATE REQUEST TICKET CONFIRMATION
Thank you for contacting Arizona 811.
Your Locate Request Ticket Number is 2023100202528
Below is a list of important topics answered in the information provided in this document as well as
what you must be aware of to stay safe and in compliance with Arizona state law.
1.
WHO NEEDS PROPERTY ACCESS?
7.
WHAT OTHER THINGS DO YOU NEED TO KNOW TO
DIG SAFELY?
2.
WHEN CAN YOU DIG?
8.
WHY IS YOUR LOCATE REQUEST TICKET NUMBER
IMPORTANT?
3.
HOW DO UTILITY OWNER/OPERATOR RESPOND?
9.
WHAT IF YOUR MARKINGS HAVE EXPIRED OR ARE NO
LONGER VISIBLE?
4.
WHAT UTILITIES ARE EXPECTED TO BE MARKED?
10. WHAT DO YOU DO IF AN UNDERGROUND FACILITY IS
EXPOSED, TUGGED, PULLED, STRETCHED, OR
DAMAGED?
11.
5.
WHAT ARE PRIVATE UTILITIES?
WHAT SHOULD YOU DO IF THERE’S A LEAK OF ANY
HAZARDOUS GASES OR LIQUIDS?
6.
12
WHAT IF FACILITY OWNERS/OPERATORS HAVE
NOT RESPONDED BY MARKING THE LOCATION
OF UNDERGROUND FACILITIES ON YOUR JOB
SITE?
HOW DO YOU RECOGNIZE IF THERE’S A LEAK OF ANY
HAZARDOUS GAS OR LIQUID?
Your Locate Request Ticket Number is 2023100202528
Below is a copy of the map you created using the Exactix online option depicting the location of your planned dig project. Also
included is a list of underground facility owners/operators who have requested to be notified of activity occurring in the area where
you plan to dig and the Marking Color Code.
Field Contact Information:
Doing Work Yourself: No
Subcontractors: MIGUEL CONDIT / STREAMLINE CONSTRUCTION LLC. /
Ph: (602)501-5543
Work Site Information:
Type of work: WE ARE NOT ACTUALLY DIGGING YET, WE ARE APPLYING
FOR REMOVAL/ENCROACHMENT OF AN UNUSED PUE
Who are you doing the work for? N/A
Location of work: STREET ADDRESS: 2484 LEISURE WORLD FRONT OF
LOT, REAR OF LOT, WEST SIDE OF LOT, NORTH SIDE
OF LOT, INCLUDE STREET TO CENTERLINE
State: AZ
County: MARICOPA
City/Place: MESA
Work Start Date: 10/06/2023 8:00 AM
Remarks: WE WILL BE DOING AERIAL PHOTOGRAPHY OF THE MARKING
TO USE IN OUR APPLICATION TO THE COUNTY FOR
ENCROACHMENT/ABANDONMENT OF THE PUE. WE WILL NEED
CLEARANCE LETTERS FROM EACH UTILITY (COX, GLOBAL
WATER, LEISURE WORLD ASSOCIATION, CITY OF MESA
UTILITIES, CENTURY LINK AND SALT RIVER PROJECT ARE
KNOWN TO BE IN THE NEIGHBORHOOD).
Marking Response Due Date: 10/05/2023 5:00 PM
Additional Information:
ACCESS TO DIG SITE IS OPEN
ADDRESS IS POSTED
PERMIT NUMBER: NA
JOB NUMBER: NA
I HAVE NOT WHITE LINED THE AREA WHERE WORK WILL OCCUR
I AM NOT USING ANY BORING EQUIPMENT
I AM NOT USING ANY EXPLOSIVES
Your Locate Request Ticket Number is 2023100202528
The following Member Underground Facility Owners/Operators will be notified by Arizona 811.
Each Underground Facility Owner/Operator must respond within 2 working days following the day you made this request for marks (Pursuant to A.R.S.
Section 40-360.22).
Status Member Underground Facilities
Owners/Operators
Facility Type(s)
Marking Colors
Contact
Phone Number
Emergency
After Hours
Phone Number
Sent
COX COMMUNICATIONS -
MARICOPA
CATV, FIBER OPTICS ORANGE, ORANGE
W/F
USIC DISPATCH CENTER
(operates 24x7)
(800) 778-9140
(800) 778-9140
Sent
GLOBAL WATER/TURNER
RANCHES IRRIGATION LLC
IRRIGATION
BLUE
CLINT ARNDT
(OPERATIONS MGR)
(602) 402-9244
(520) 483-8209
Sent
LEISURE WORLD COMMUNITY
ASSN.
WATER
BLUE
KHARA HILLS
(480) 219-9105
(480) 516-7848
Sent
CITY OF MESA UTILITIES
ELECTRIC, FIBER
OPTICS, GAS,
RECLAIMED WATER,
SEWER, STORM
DRAINS, STREET
LIGHTS, TRAFFIC
SIGNALS, WATER
RED, ORANGE W/
F,YELLOW,
PURPLE,GREEN,
BLUE
CHRIS MEHAN (Locating
Supervisor)
(480) 215-2433
(480) 644-4277
Sent
CTLQL - CENTURYLINK
COAXIAL, FIBER
OPTICS
ORANGE, ORANGE
W/F
USIC DISPATCH CENTER
(operates 24x7)
(800) 778-9140
(800) 778-9140
Sent
SALT RIVER PROJECT -
MARICOPA COUNTY
COMMUNICATIONS,
ELECTRIC, FIBER
OPTICS, IRRIGATION
BLUE, ORANGE,
ORANGE W/F, RED
SRP Blue Stake
(602) 236-8026
(602) 236-3976
The following Limited Basis Participant (LBP) Member Underground Facility Owners/Operators
must be notified by YOU (call phone number provided).
Below are the names and contact phone numbers of the LBP Member underground facility owners/operators affected by your excavation who WILL NOT be
notified by Arizona 811. It is your responsibility to contact each of the LBPs directly to notify them of your excavation (pursuant to A.R.S. Article 6.3, Section
40-360.32). Each LBP must respond within 2 working days following the date you call to notify them of your plans to dig.
Status
Limited Basis Participant
Members (LBPs)
Facility Type(s)
Marking Colors
Contact
Phone Number
Emergency
After Hours
Phone Number
Unsent
The following Member Underground Facility Owners/Operators must be notified by YOU using
certified mail (refer to separate email with attachment ready to mail to Landlord).
The address you provided as the location where digging will occur is within or near a Mobile Home or Apartment Community. If the address is WITHIN a
Mobile Home or Apartment Community, you must notify the registered Landlord by Certified Mail 10-working days in advance of starting your work using a
form that will be separately emailed to you by Arizona 811. The form contains the Landlord's mailing address and all the information they need to mark the
location of where their underground facilities exist in conflict with your described digging area within the community. Pursuant to A.R.S. Article 6.3, Section
30-360.22, the landlord must respond within 10-working days following the date you postmark the notice of excavation by certified mail and mail it.
Status
Registered Landlords
Facility Type(s)
Marking Colors
Contact
Mailing Address
City
State
Zip
Unsent
Your Locate Request Ticket Number is 2023100202528
P. O. Box 1466
Mesa Arizona 85211-1466
480.644.2251 Tel
480.644.3392 Fax
Engineering
mesaaz.gov
January 24, 2024
EMAILED
Earl & Curley, PC
3101 N. Central Avenue, Suite 1000
Phoenix, AZ 85012
Subject:
Public Utility Easement Abandonment Request
2484 Leisure World (APN #141-83-478)
Dear Mr. Buschbacher,
This letter is in response to the public utility and drainage easement abandonment packet prepared by
Earl and Curley, PC for parcel APN #141-83-478 dated, September 29th, 2023. The City of Mesa takes
no exception to the abandonment of the utility easement located on the north side of the property at
2484 Leisure World, Mesa, AZ 85206 (APN 141-83-478). The City has no need to use this easement
for current or future city owned utilities.
As to the request to abandon the 10’ drainage easement for parcel APN, 141-83-478 as recorded in
MCR-295-08, Mesa has not reviewed the need for allowing this easement to remain as it is not within
the incorporated City boundary. The agency having jurisdiction should review the request for
abandonment and determine its need. Mesa has no objection to the abandonment but does not have
the authority to grant it.
Sincerely,
TJ Welsh, P.E.
Senior Civil Engineer
October 23, 2023
Michael S. Buschbacher II, AICP
Principal Planner
Earl & Curley
(602) 265-0094
3101 N. Central Avenue
Suite 1000
Phoenix, Arizona 85012
www.earlcurley.com
RE: Abandonment Request for 2484 LEISURE WORLD APN 141-83-478
Michael,
I have reviewed the abandonment request at 2484 LEISURE WORLD APN 141-83-478 in, {Maricopa County},
AZ. Based upon the supplied drawings/exhibits that you’ve submitted it has been determined that COX has no
facilities within the easement 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.
If I can be of further assistance, please contact me using the contact information below.
Zach Lawson
Zach Lawson
OSP Compliance Tech II
Cox Communications
Outside Plant Engineering & Construction
1550 W Deer Valley Road, Phoenix, AZ 85027-2121
AZ.JointUse@cox.com
Global Water Resources, Inc. - Corporate Headquarters
Phone: 480-360-7775
21410 North 19th Avenue, Suite 220, Phoenix, AZ 85027
Fax:
844-232-3517
gwresources.com
November 2, 2023
Earl & Curley
3101 N. Central Avenue #1000
Phoenix, AZ 85012
Re:
Request for Public Utility Easement Extinguishment/Abandonment or Encroachment
APN: 141-83-478
To Whom It May Concern:
Global Water Resources, Inc. is the owner of Global Water – Turner Ranches Irrigation, Inc.
(“GW-Turner”). GW-Turner is a public service corporation providing water utility service for
irrigation purposes within parts of the Leisure World development. GW-Turner is the successor
in interest to Turner Ranches Water and Sanitation Co.
GW-Turner is a beneficiary of a 10-foot wide Drainage and Public Utility Easement along the
northwest property line of Lot 2484 of Leisure World – Verde Del Sur subdivision, recorded at
Book 295, Page 8, in the Maricopa County Recorder’s Office (the “Easement”). GW-Turner has
reviewed the report prepared by Earl & Curley on behalf of Steve and Carol Hall and the request
to either extinguish/abandon the Easement or to consent to an encroachment within the
Easement.
GW-Turner confirms that it does not have any utilities located with the Easement and does not
anticipate a need for use of the Easement in the future for utility service. GW-Turner hereby
consents to either the extinguishment/abandonment of the Easement or if
extinguishment/abandonment is not permitted, to an encroachment into the easement, as
described in the report prepared by Earl & Curley and the drawings attached thereto.
Please keep us advised of the outcome of your request and provide a copy of any final recorded
document extinguishing/abandoning the Easement or officially permitting an encroachment
within the Easement.
If you have additional questions, please contact me at jon.corwin@gwresources.com.
Sincerely,
Jon Corwin
Vice President
Global Water – Turner Ranches Irrigation, Inc.
11/1/2023
Michael S. Buschbacher II, AICP
Principal Planner
Earl & Curley
(602) 265-0094
3101 N. Central Avenue
Suite 1000
Phoenix, Arizona 85012
mbuschbacher@EarlCurley.com
P858414
No Reservations/No Objection
SUBJECT: Request is to abandon the 10’ Drainage and PUE located along the North property
line for the purpose of adding an addition to the primary structure..
To Whom It May Concern:
CenturyLink of Arizona, Inc. d/b/a CENTURYLINK (“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.
It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to
any other 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.
If you have any questions please contact Tori Jacoby at (361) 275-4316 or
tori.jacoby@lumen.com.
Sincerely yours,
CenturyLink Right of Way Team
EXHIBIT A
Request granted for the abandonment of the 10’ Drainage and PUE located along the North
property line for the purpose of adding an addition to the primary structure.
Michael Laguna
Business Analyst
PAB 10W | P.O. Box 52025
Phoenix, AZ 85072-2025
P: (602) 236-3116
Michael.Laguna@srpnet.com
October 13, 2023
Michael Buschbacher II
Earl & Curley, PC
3101 N. Central Avenue Suite 1000
Phoenix, Arizona 85012
RE: Abandonment 2484 Leisure World
Dear Mr. Buschbacher II:
Salt River Project has no objection to the abandonment of the 10’ Drainage & Public Utiltity
Easement as shown in the packet for Lot 2484 Leisure World Verde Del Sur MCR 295-08. Salt
River Project does not have any facilities within the propose abandonment.
If you have any questions or need further information, please feel free to contact me on 602-
236-3116.
Sincerely,
Michael Laguna
Michael Laguna