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City of Scottsdale — Regular Meeting and Work Study Session (2026-07-01)
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CITY COUNCIl REPORT Item 9 msm A'*’ \*r e Meeting Date: General Plan Element: General Plan Goal: July 1,2026 Land Use Coordinate Planning to Balance Infrastructure ACTION Widdows Residence Abandonment (East Cavedale Drive) 3-AB-2024 Request to consider the following: 1. Adopt Resolution No. 13684 to abandon the 33-foot GLOPE and the underlying 25-foot fee-simple right-of-way, located along the southern (E. Cavedale Drive alignment) boundary of parcel 212- 22-036A, with Single-family Residential Environmentally Sensitive Lands, Foothills Overlay (Rl- 70/ESL/FO) zoning, located at 26815 N. 79th Street, totaling approximately 10,065 square-feet of right-of-way. Owner to dedicate property interests to the City. Goal/Purpose of Request The applicant's request will allow the subject property to bring the existing structures further into conformance with the City's ordinances and policies. The City will also receive a twenty-five-foot (25- ft) Public Utility Easement (PUE) dedicated along the property's southern boundary (E. Cavedale Drive alignment). Key Items for Consideration • Access not impacted by this proposed abandonment • Conformance with the Transportation Master Plan and Local Area Infrastructure Plan Local Area Infrastructure Plans (LAIPS) map identifies N. 79*'’ Street as a "through street" to complete the Transportation Master Plan street system and does not require the E. Cavedale Drive alignment. • Owner to dedicate southern twenty-five (25) feet of parcel boundary as Public Utility Easement. • Planning Commission heard this case 5/27/2026 and recommended approval with a vote of 5-0 OWNER Avnut, LLC. Matt Widdows APPLICANT CONTACT Matt Smith Laine Consulting (623) 332-7603 Page 1 of 7 City Council Report | Widdows Residence Abandonment (North Cavedale) LOCATION 26815 N.79"’ Street BACKGROUND e 5 simE £ S: 2 E. CavedalB Drfv* General Plan The General Plan Land Use Element designates this site as Rural Neighborhoods. This designation includes areas of relatively large lot single-family neighborhoods. Densities in Rural Neighborhoods are usually one house per acre (or more) of land. Character Area Plan The Desert Foothills Character Area is designed to preserve the natural and visual qualities of the Sonoran Desert. The three (3) main goals of the Desert Foothills Character Area Plan are: • Preserve the natural, visual qualities of the lush upper desert by using desert-sensitive building techniques. • Promote connected areas of desert open space and trails. • Identify and celebrate the rural desert character of the Desert Foothills area. Zoning The site is zoned R1-70/ESL/FO. The R1-70/ESL/FO zoning district allows for single-family residential uses. The site is located within the Environmentally Sensitive Lands (ESL) and Foothills Overlay (FO) districts. The R1-70/ESL/FO zoning district allows for additional uses, with the approval of a Conditional Use Permit (CUP). The subject site was annexed into the City of Scottsdale on October 6,1983. After annexation from Maricopa County, the site was zoned Single-Family Residential, Hillside District (R1-70/HD), through cases 36-ZN-1984 and 113-ZN-1984. In 1991, the Environmentally Sensitive Lands (ESL) ordinance was added as an amendment to the Hillside District overlay. Later, in March of 2003, the Foothills Overlay designation was added to this site's zoning classification. The Foothills Overlay (FO) designation was in response to the Desert Foothills Character Area Plan approved by City Council in June of 1999. The current ESL overlay took effect in 2004. Context The subject property is generally located on the north side of E. Jomax Road, east of N. Hayden Road. More specifically, the site is located on the northeast corner of N. 79^^ Street and E. Cavedale Drive. A majority of the local residential streets in the area are unimproved and include waterlines within the dedicated right-of-way. The local area does not include sewer-line improvements to service this neighborhood. The surrounding areas, within a quarter-mile radius of this site, include single-family homes and undeveloped residential lots. Please refer to context graphics attached. The subject 33-foot General Land Office Patent Easements (GLO) located along the western and southern boundaries of 26815 N. 79^'’ Street were dedicated in January of 1960, through patent serial Page 2 of 7 City Council Report | Widdows Residence Abandonment (North Cavedale) O O number 1206734. The subject GLO roadway easements were reserved on the original patent deed to assure legal access. Currently the 33 feet of GLO easement (located along N. 79‘^ Street) contains a dirt road, and there is currently a dirt driveway, to the parcel located to the east of this subject site, located along E. Cavedale Drive. The twenty-five (25) feet of fee-simple right-of-way, located along E. Cavedale Drive within the above-mentioned GLOPE area, was dedicated in 1969 through docket no. 7536/284. General Land Office Patent Easements (general information) • Within the City of Scottsdale there are General Land Office (GLO) lots or parcels of various sizes created by the Federal Small Tract Act. This act was passed in 1938 and repealed in 1976. • Most GLO lots were patented with 33-foot (or sometimes 50-foot) roadway and public utility easements typically "as near as practicable to the exterior boundaries" of the GLO lot. The City has viewed these patent roadway and utility easements as assured access for these lots, at least until a local circulation plan is established. As GLO lots come in for development (i.e., lot splits, subdivisions or requesting building permits) staff requires city right-of-way dedications per city circulation plans. The City's transportation plan establishes a street system to replace the grid pattern created by the GLO easements. • Any patent easements may be requested to be abandoned if it is in excess of the current requirements of the City's circulation plans (includirig trails) or City roadway standards, and not required to ensure access to any other lot. • On 1981, City Ordinance 1386 was adopted delegating the authority for the release of GLO easements to the Engineering Services Director. • On March 2,1999, the City Council repealed Ordinance 1386 and adopted Ordinance 3219 which requires the abandonment of the GLO patent roadway easements to go through the same public hearing process currently used for all rights-of-way, alleys, and roadway easements. The City Attorney's office has concluded that this process for consideration of GLO roadway abandonment satisfies legal requirements. • On August 12,2005, Arizona Revised Statute section 9-500.24 became effective. This provision gives the local municipality the right to abandon GLO patent easements, and concurs with the City's position on abandonment of GLO patent easements. Related Policies, References: Scottsdale General Plan 2035 Desert Foothills Character Area Plan 2008 Scottsdale Transportation Master Plan Desert Foothills Area Local Area Infrastructure Plan (LAIPs) APPLICANTS PROPOSAL Development Information The applicant's request will allow the subject property to bring the existing structures further into conformance with the City's ordinances and policies. The City will also receive a twenty-five-foot (25- ft) Public Utility Easement (PUE) dedicated along the property's southern boundary (E. Cavedale Drive alignment). Page 3 of 7 City Council Report | Widdows Residence Abandonment (North Cavedale) IMPACT ANALYSIS Land Use The existing land use for this subject site is in conformance with the General Plan designated land use of Rural Neighborhoods. The request shall not modify the existing land use designation. Traffic/Trails The Transportation Master Plan Local Area Infrastructure Planned Streets (LAIPS) plan does not identify an east/west connection between N. 79**^ street and N. Hayden Road, along the E. Cavedale Drive alignment. This abandonment request is consistent with the Transportation Master Plan Local Area Infrastructure Planned Streets (LAIPS) plan. The Transportation Department supports the abandonment of E. Cavedale Drive as proposed in this request. The Property owner shall provide a 25-foot fee-simple right-of-way dedication along the western boundary (N. 79*^ Street) of the subject property. Although the Transportation Master Plan Local Area Infrastructure Planned Streets (LAIPS) plan does not identify a planned trail along E. Cavedale Drive, a 4-foot trail was constructed within the southern half-street portion of the E. Cavedale right-of-way alignment. This request does not include the abandonment of any portion of the southern half-street 33-foot right-of-way (containing both GLOPE and fee-simple rights-of-way), therefore the request will not affect the constructed trail. Emergency/Municipal Services and Utilities All existing emergency and municipal access will be provided to the properties surrounding the abandonment area and maintained through existing dedicated public right-of-way along N. 79*^ Street. No impacts are anticipated. Public Utilities The public utilities have been notified of the applicant's request. The utility companies have indicated that there are no conflicts with the proposed abandonment and support the abandonment with the dedication of a public utility easement. A 25-foot public utility easement will be retained over the southern 25-foot portion of the 33-foot proposed abandonment area. Community Involvement The applicant conducted a mailing to property owners located within 750 feet of the proposed roadway easement abandonment. City staff also conducted a mailing to property owners within 750 feet of the proposed roadway easement abandonment. The applicant received communications from two residents inquiring about the abandonment. The applicant stated that a second letter was sent to the residents and that no further communications were received. Staff received one email requesting information pertaining to the abandonment application. The resident stated they were a potential buyer of the property located to the south of the subject site. The resident stated that they understood that there was a Desert Foothills trail planned by the City of Scottsdale along E. Cavedale Drive, and the trail appeared to be going through the area of land just south of the property. The resident was inquiring whether the requested abandonment case would affect the location of the proposed trail expansion project. As stated above, the proposed abandonment request will not affect the existing trail. Page 4 of 7 City Council Report | Widdows Residence Abandonment (North Cavedale) Staff provided information to the resident at the time of the initial email, and more recently, staff contacted the resident for a follow-up. The resident stated they did not purchase the property and were no longer concerned with the abandonment request. Policy Implications The compensation amount has been compiled by City of Scottsdale staff in accordance with abandonment valuation procedure. The owner of the parcel has agreed to pay to City the total amount of $5,032.50 for the Abandonment Right-of-Way, in addition to any other amounts payable to City. The Property owner shall dedicate a 25-foot fee-simple right-of-way dedication along the western boundary (N. 79^^ Street) of the subject property. The owner shall also dedicate a 25-foot Public Utility Easement located along the southern boundary (E. Cavedale Drive) of the site; OTHER BOARDS AND COMMISSIONS Planning Commission: Planning Commission heard this case on May 27, 2026, and recommended approval with a 5-0 vote. Recommended Approach: Staff recomrnended that the Planning Commission find that the abandonment criteria have been met and make a recommendation to City Council for approval, per the attached stipulations. RECOMMENDATION Recommended Approach: Adopt Resolution No. 13684 to abandon the 33-foot GLOPE and the underlying 25-foot fee-simple right-of-way, located along the southern (E. Cavedale Drive alignment) boundary of parcel 212-22- 036A, with Single-family Residential Environmentally Sensitive Lands, Foothills Overlay (Rl- 70/ESL/FO) zoning, located at 26815 N. 79th Street, totaling approximately 10,065 square-feet of right-of-way. Owner to dedicate property interests to the City. 1. The property owner provides $5,032.50 as consideration for the abandonment of right-of-way area. 2. The Property owner shall provide a 25-foot fee-simple right-of-way dedication along the western boundary (N. 79**’ Street) of the subject property. 3. The property owner shall provide a 25-foot Public Utility Easement dedication along the southern boundary (E. Cavedale Drive) of the subject site. 4. The property owner will provide a plat that combines the subject fee-simple right-of-way with Parcel 212-22-036A. RESPONSIBLE DEPARTMENT Planning and Development Services Current Planning Services STAFF CONTACT Jesus Murillo Senior Planner 480-312-7849 E-mail: jmurillo@scottsdaleAZ.gov Page 5 of 7 City Council Report | Widdows Residence Abandonment (North Cavedale) APPROVED BY <5 Jesus Murillo, Report Author Tim Curtis, AlCP, Current Planning Director Planning Commission Liaison Phone: 480-312-4210 Email: teurtis@scottsdaleaz.gov Erin Perreault, AlCP, Sr. Director Planning & Development Services Phone: 480-312-7093 Email: eperreault@scottsdaleaz.gov 6-14-2026 Date 6/14/2026 Date 06/11/2026 Date Page 6 of 7 City Council Report | Widdows Residence Abandonment (North Cavedale) ATTAGHMENTS 1. Context Aerial lA. Aerial Close-Up 2. Applicant's Narrative 3. Resolution No. 13684 Exhibit A; Legal Description Exhibit B: Legal Graphic Exhibit C: Depiction of subject parcel 4. Proposed Abandonment Areas Map 5. Required Dedications Map 6. Abandonment Site Plan 7. Legal Description and Graphic of Abandonment Area 8. Neighborhood Outreach 9. Local Area Infrastructure Planned Streets (LAIPS) Plan 10. Citizen Correspondence 11. City Notification Map 12. Planning Commission Draft Meeting Minutes May 27, 2026 i Page 7 of 7 ■» t'. .T ** 8.' If ;i-; /Nw i:* ; *S >i 7* >■ % s^ ;* 4r r 7vi< Jl’-' <v! tv vt >v A. ». n t < m7] / p^ >• p •. M r*9 W2 ‘cmrni V I I* rrff* SI A ri 7 •• ► r r? M Vi •M r 5 -fr i-it 1 ;■•’. A yr ( ■» w !k P i « '^:.- £* «r # 4». -ifr m I 4*^ %> •. € •2 N '-.'w •r i % * 4- r: r&u I! .-i ?.- f-'4 4" •*' ar >V * fS^ rv .1^ ->m mm ms '•■ '"'''‘*^£s*!r,;ii>ea'**^»' mmMem m '« *■• r* *_if •ff «• .;s.' ft* .: Vs^r- 4? t if » Sj ,fe a1 s 3 w i-Z; J # A ^!' ?= lii a J t^r ct;*0i tr v" [^7l »• V/ 1^ /•* IP-ii V sJir »f V •'y r ft % iiir: 'i » Ik »1|^ ^mm 1'JpL i^p;piB!iiir<'*a3 ►f li^i isrz^ii -i •—F-~»i^l*i “ • •-k...- ----------■* ■ < Ic »• y )k 1^ *:i ;.ii :irv ? af ? Context Aerial 3-AB-2024 ATTACHMENT #1 err ^ 1 3 < i t 4 V .* •• \ ‘•'v**. 4 m » - *; • »• r • r. .• ■■? ? r* I A ;S 1 tl' ■W fl S' M» I LU J « I,• • rm pi •3 Ol'lil I ■4 I »: r l '. , t 4 9 r r i KKfe»r j V (■■Ft ihb 1 -T- .4’ r> r1l \ 36'r* 12 % * rfl •' '% *. [ -h ^1 Luju -a • # « % > r . i ^ ♦ • 4 Ltwm ar 4 j> JP ki (SilJ tVi Lthl ■P Aerial Close-up 3-AB-2024 ATTACHMENT #1A Laine Consulting LLC Matt.Smitb@Laine-ConsuItinA.com 623-332-7603 City of Scottsdale Planning and Development Services 7447 E indian Schooi Rd., Ste #105 Scottsdaie, AZ 85251 RE: Project Narrative for partiai abandonment of Cavedale Drive Alignment - Project No, 858-PA-2023 To whom it may concern: I am representing Matt Widdows, the owner of 26815 N 79 St. Scottsdale, AZ. The Widdows property is encumbered by NAOS easements aiong the northeriy and the southwesterly portions of the property. Over the years, the NAOS easements have been partiaily encroached into by previous owners of the property. These encroachments inciude grading, landscaping, the construction of a backyard block wall, and removal of native plants. In addition to this, some structures such as out-buildings and equine sunshades have been constructed within the setbacks. The vacation of Cavedale would provide much needed space for the property to be able to re vegetate to its natural state. The vacation of Cavedale will also be critical to help bring setback violations into compliance. Efforts have taken place to communicate with the neighbors regarding this matter as well as utility companies which can be seen in the submitted documents. A utility easement has been recorded for APS along the Cavedale alignment. A Cox utility easement legal document has been created but not recorded yet. Verizon Wireless has been notified of the abandonment and have chosen to be unresponsive. 811/Bluestake failed to find any Verizon utilities in the proposed vacated area along Cavedale. The area to be abandoned is 330.26' by 33.00' totaling 10,898.58 square feet. For the cost of 50 cents/square foot the total cost would be $5,449.29 to be paid to City of Scottsdale from the owner. We look forward to working with you on this project. Thank you. Matt Smith P.E. Laine Consulting LLC ATTACHMENT #2 RESOLUTION NO. 13684 A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE. MARICOPA COUNTY, ARIZONA ABANDONING. SUBJECT TO CONDITIONS AND RESERVATIONS, CERTAIN INTERESTS IN A PORTION OF THE PUBLIC RIGHTS-OF-WAY FOR PROPERTY LOCATED AT 26815 N 79“' STREET. (3-AB-2024) (E. Cavedale. Abandonment) WHEREAS: A. A.R.S. Sec. 28-7201, et seq. and A.R.S. §9-500.24 provide that a city may dispose of a public roadway or portion thereof that is no longer necessary for public use. B. Scottsdale Revised Code §2-221 and other applicable laws provide that the City may dispose of other real property Interests. C. After notice to the public, the City of Scottsdale Planning Commission and City Council have held hearings on the proposed abandohmerit of a certain portion of the street right- of-way and other interests (collectively the “Abandonment Rights-of-way”). D. The Abandonment Rights-of-way are legally described on Exhibit “A” and depicted on Exhibit “B” attached hereto, and comprise an area of approximately 10^065 square- feet. E. The Abandonment Rights-bf-way fall within, serve, affect or are near a parcel comprising approximately 2.14 acres (“Owner’s Parcel”), as depicted on Exhibit “C" attached hereto. F. The Council finds that, subject to the conditions, requirements, reservations and limitations of this resolution, the Abandonment Rights-of-vyay are no longer necessary for public use. G. The Council has considered the City expenditure, if any, authorized by this resolution and the direct consideration that City will receive and finds that there is a clearly identified public purpose for City’s expenditure, if any, and that City wjH receive direct consideration substantially equal to its expenditure. H. The Council finds that consideration and other public benefit commensurate With the value of the interests in the Abandonment Right-of-way being abandoned, giving due consideration to its degree of fragmentation and marketability, will be provided to City by the owners of the abutting property. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City Of Scottsdale, Arizona, as follows: 19261837 Resolution No. 13684 Page 1 of 3 ATTACHMENT 3 1. Abandonment. Subject to the reservations and conditions below, City’s interests comprisirig the Abandonment Rights-of-way are hereby abahdohed, 2. Reservations. City reserves to itself and excludes from this abandonment all of the following cumulative, perpetual interests: 2.1 Any and all interests ip thei Abandphrrient Rights-of-vyay that any related application, zoning case, plat, lot split, use permit, or other land use regulatory process or requirements may require to be dedicated to City. 2.2 Any of the following in favor of City that may already have been iniposed bn the Abandonment Rights-of-way prior to this resolution, if any: 2.2.1 Any V.N.A.E. or other vehicular non-access easement or covenant. 2.2.2 Any N.A.O.S. or other open space or similar easement or covenant. 2.2.3 Any drainage of flood control easerheht or similar easement or covenant. , 2.2.4 Any public non-motorized access easement or trail easement or similar easement or covenant. 2.2.5 Any sceriic corridor, setback or similar easement or covenant. An easement for all existing utilities, if any. 2.3 2.4 Such rights and interests, if any, as are required to be reserved by A.R.S. Sec. 28- 7210 and A.R.S. Sec. 28-7215. 3; Effective Date. This resolution shall not be recorded or become effective until the Zoning Administrator determines that all of the following conditions (the "Conditions”) are satisfied in accordance with all applicable laws, regulations and policies and at no expense to City: 3.1 The owner of the parcel shall pay to City the total amount of five Thousand Thirty-two Dollars and 50/100 ($5,032.50) as compensation to the City for the Abandonment Right-of-way, in addition to any application fees or other amounts related to this resoiution and in addition to any other amounts payable to City. 3.2 The owner has delivered to City a deed, plat or other instrument that dedicates to City, in accordance with City specifications, a 25-foot fee-simple half-street right-of-way over the western portion of Owner’s parcel along North 79“’ Street 3.3 The owner has delivered to City a deed, plat or other instrument that dedicates to City, ip accordance with City specificatipns, a 25-fpPt-wide Public Utility Easement ever the southern portion of Owner’s parcel along East Cavedale Drive. 3.4 As prpof of satisfaction of the conditipns set forth in Section 3, The Zoning Administrator shall execute the certificate at the bottom of this resolution indicating that the Conditions have been satisfied. 19261837 Resolution No. 13684 Page 2 of 3 4. Administration of Conditions. If the foregoing Conditions are not all satisfied prior to the second annual anniversary of this resolution, the Zoning Administrator shall report the same to the City Clerk and then the City Clerk shall mark this resolution to indicate that this resolution is void. 5. Exhibit Labeling. The text of this resolution controls any conflict with the exhibits as to the nature of the interests created, reserved or otherwise affected by this resolution. For example, if the text of this resolution indicates that City is reserving a particular type of easement, but the exhibit text or labels indicate a different type of real estate interest, then the text controls. PASSED AND ADOPTED by the City Council of the City of Scottsdale this____ day of ____________________2026. CITY OF SCOTTSDALE, an Arizona municipal corporation ATTEST: By: _ Lisa Borowsky, Mayor Ben Lane, City Clerk APPROVED AS TO^RM: Luis PySantaella, City Attorney By: Joe Padilla, Deputy City Attorney CERTIFICATE I am the zoning administrator of the City of Scottsdale. I certify that I have confirmed that the conditions stated in paragraph 3 of the abandonment resolution above have been fulfilled and the resolution is ready to be recorded and become effective. DATED this .day of. ,20 Signature name printed 19261837 Resolution No. 13684 Page 3 of 3 IN THE SW1/4NE1/4SE1/4SE1/4 SECTION 35, T5N, R4E, G6^SRM, MARICOPA COUNTY, ARIZONA DESCRIPTION The south 33 feet of the SW1/4NE1/4SE1/4SE1/4, except the west 33 feet of the SW1/4NE1/4SE1/4SE1/4, Section 35, T5N, R4E, G&SRM, Maricopa County, Arizona. mBh. W c. ^ V; PEARSON, ; Resolution 13684 Exhibit "A" Page 1 of 1 Abundance Land Services, LLC PO Box1867, Lake Havasu City, AZ86405 jriley @akundancels jiet ,406-546-2264 CA / G\Users\Jem)\Dokota Land Consul tinjXDakota Land Consulting - GeneralXALS00100\ff77 Cluue\CAD\Enl>t-RW Vacat^26033law6 Plotted3/31/26 Page l ol l J IN THE SW1/4NE1/4SEI/4SE1/4 SECTION 35, T5N, R4E, G&'SRM, MARICOPA COUNTY, ARIZONA C-El/16 ^Found 5/8" rebar I LU p O-V oi sI I Uj o I C-N-SEl/64 a ^Nothing found or set 'apn 212- -22 -033A J______ N89°59;17"E 3_3a50'_A/-S//64 Ime^_________ I existing 33' general land office patent easement Existing 25' Scottsdale R/W to remain 25'Witness Corner Found 1/2" rebar n 99-036A r 25' PUE to be dedicated Existing 25' Scottsdale R/W to be abandoned /A f 212 ,1^034 NE-SEl/64 Found 1.5" pipe II F-. CD m CO 0 100 APN 212-'22' o I b Uj in ■035 (FEET) BASIS OF BEARING 33'GENERAL LAND OFFICE ' ^ p <pi/ca PATENT TO BE ABANDONED ! C-E-SEl/64 Found 1/2" rebar & tag 12317 fX/YA/^yj CjLyyyYjLy BEARINGS FOR THIS SURVEY ARE GRID BASED ON THE ARIZONA STATE PLANE COORDINATE SYSTEM, NAD83-2011, CENTRAL ZONE, DERIVED FROM THE AZGPS VRS NETWORK. ^ I N89°54'49"W 330.26' 31/16 line I SEl/16 *- Nothing found or set 21'2 ^22-0326 existing 33' general land office patent 212 OWNER . AVNUT, LLC ^22-0^^ 26815 N 79TH ST SCOTTSDALE, AZ 85255 DESCRIPTION CERTIFICATE OF SURVEYOR I, Riley Pearson, a Registered Land Surveyor in the State of Arizona, hereby eertify that this map is based on a field survey conducted by me or under my supervision, and that to the best of my knowledge and belief it accurately depicts conditions as of the date of survey. The south 33 feet of the SW1/4NE1/4SE1/4SE1/4, except the west 33 feet of the SW1/4NE1/4SE1/4SE1/4, Section 35, T5N, R4E, G&SRM, Maricopa County, Arizona. ji- ••• 5 i* Resolution 13684 Exhibit "B" Page 1 of 1 Abundance Land Services, LLC PO Box1867, Lake Havasu City, AZ 86405 Jey@atunclaucels.net 406-546-2264 = SL 77462 = RILEY c ‘.I. PEARSON \ ■■ CA / 0\Usen\Ierry\DakotA Land Consultin^\Dakota Land Consulting - General\ALS 00I00\077 Cliose\CAD\EJbl-RW Vacat3-26033Ldw6 Plotted 3/31/26 Page 1 of 1 LEGEND [_' ’ 1 Subject Site Proposed Abandonment Area (33 feet) Parcel 212-22-045C 26804 N. 79‘'' Street Resolution 13684 Exhibit ”C" Page 1 of 1 Parcel 212-22-033A 26899 N. yyf’ Street 0) 2 5) I, Owner's Parcel Parcel 212-22-036A 26815 N. 79^ Street Parcel 212-22-035 26852 N. Hayden Road 33^ <4 m E. Cavedale Drive Parcel 212-22-037B 26777 N. 79*'' Street N 4. f r LEGEND A Site Boundary 33-ft GLOPE Right-Of-Way 25-ft Fea-simpie Right-of-Way L.iii 5^ \ $ rV yM am f T ► k I 4 1 'Ji fg \ ^ ia pi 4 a • ..4^* •: ♦ 1-^ Ji % -It* u % <i a # f \ s k. I ' <4 .iLL^ :? >1 75 P K t. i I 'r W . « *1 »y .' t*S: c Proposed Abandonment Areas 3-AB-2024 ATTACHMENT #4 LEGEND Site Boundary I I 33-ft GLOPE Right-Of-Way aw* • ^ :r 25-ft Fee-simple Right-of-Way l * • A R ^2? ^'D PbL ! '. M f • ? V • ^ « • • n % j *«»s- twE *r «» k 4 • « m*' ■ ITJ .'•^> »> ^ •. .:i; I'" -iJ>'2 eT^ «f- 12- r m 1 » . % tI IT'>S k b. *r- .'•y. ^ i t P -J •< A K M S<¥ ?i U4 IS N •■■ X LrtVmi.-,. ^ k. LOlP. in |«/»^>. K CM e -r.-'-r— r \ rivers n Required Dedication Areas 'ki^ZiJSSJS^ 3-AB-2024 ATTACHMENT #5 ! SITE PLAN Netnmg y/feunaorip H-Si/H •» I T X A “Vr PATturtAStMNT V U 25‘SCOmDAl£ atSTmiLw Tomum hotMttabk IP / \ I2i o r APSuUnycosnTH i wWtAt«rM \ 0octta40i62}3i 0 I 1/< i AfH API i/«« i\2- I A O € / rm .Hi p 11 BofietfoWo .•1 shed 3J 5 4. r I y 7 J M'SnEIULlANO oract AAnMT CAStMtNT-1 TOMAMNDONO n/La^ffo"* BOSnwGAW -I ^ 5f««»rro f*omaq oocitattauin toimdvset oanjACjj- SEMfMtLAMOOma- AAmn-MSEMewT «<KMC ^^tmafetmet u (a ii !i §§ 1^ m 5 LiJ > DP3 O 5 Q in LiJcr o Q § PROJECT #1100 01 OF 01 ATTACHMENT #6 IN THE SW1/4NE1/4SE1/4SE1/4 SECTION 35, T5N. R4E, GS^SRM, MARICOPA COUNTY, ARIZONA DESCRIPTION The south 33 feet of the SW1/4NE1/4SE1/4SE1/4, except the vyest 33 feet of the SW1/4NE1/4SE1/4SE1/4, Section 35, T5N, R4E, G&SRM, Maricopa County, Arizona. mmr ijyiy 77462 .:S = = RILEY 77462 , RILEY \ Abundance Land Services, LLC PO Box1867, Lake Havasu City, AZ86405 y^ley @atun(Jaiicels.net .406r546-2264 r \ / ATTACHMENT#? C:\Users\Jerri)XDakbta Land Consul tin^MDakota Land Consulting - GenerilWLS00100X077Ctase\CAD\Enbt-RW Vacate-26033Ldwa Plotted3/31/26 Page 1 ol 1 IN THE SW1/4NE1/4SE1/4SE1/4 SECTION 35, T5N, R4E, G6^SRM, MARICOPA COUNTY, ARIZONA C-El/16 Found 5/8" rebar LU T— p o o o CO CO ? CM CO Op h>z QJ .c Uj o LO ^ 9o^033A APN zi /1 foundorset i 212^^^ ___ .___ N8r59M7"E3_3a50’_/V-S7/54 _________ NE-SEl/64 C-N-SEl/64 a [jr Nothing found or set existing 33' general land office patent easement Existing 25' Scottsdale R/W to remain 25' Witness Corner Found 1/2" rebar ■ , 22-0^®* ei>se' APN gWl/AN r 25' PUE to be dedicated Existing 25' Scottsdale R/W to be abandoned 33' GENERAL LAND OFFICE PATENT TO BE ABANDONED Found 1.5" pipe F- CO cb CO Luj 0 100 212 (FEET) BASIS OF BEARING /^y y y X y X / X X ! N89“54’49"W330.26' S7/76 line APN SEl/16 •- Nothing found or set existing 33' general land -I office patent C-E-5E1/64 Found 1/2" rebar & tag 123 p A^^039 BEARINGS FOR THIS SURVEY ARE GRID BASED ON THE ARIZONA STATE PLANE COORDINATE SYSTEM, NAD83-2011, CENTRAL ZONE, DERIVED FROM THE AZGPS VRS NETWORK. OWNER AVNUT, LLC . 26815 N 79TH ST SCOTTSDALE, AZ 85255 DESCRIPTION CERTIFICATE OF SURVEYOR I, Riley Pearson, a Registered Land Surveyor in the State of Arizona, hereby certify that this map is based on a field survey conducted by me or under my supervision, and that to the best of my knowledge and belief it accurately depicts conditions as of the date of survey. The south 33 feet of the SW1/4NE1/4SE1/4SE1/4, except the west 33 feet of the SW1/4NE1/4SE1/4SE1/4, Section 35, T5N, R4E, G8tSRM, Maricopa County, Arizona. u 77462 RILEY PEARSO •o •o S Abundance Land Services, LLC PO Box1867, Lake Havasu City, AZ 86405 nley@aLundaiicels.net ,406-546-2264 m DN .*? ^ CA // 0\U5ers\Jerr^\J3aliota Land ConsultingNJDakota Land Consulting - GeneralNALS00100\077Ckase\CAD\JEntt-RW Vncote-2ei033Ldwa Plotted 3/31/26 Pafle 1 o( 1 # LAINE CONSULTING LLC CIVIL ENGINEERING Neighborhood Involvement Report 3-AB-2024 Widdows Residence Abandonment (North Cavedale) 1L713 (Key Code) As requested by City of Scottsdale, mailers were sent out to nearby neighbors regarding the abandonment of Cavedale Rd. A list assembled by City of Scottsdale as well as a list assembled by development team were utilized for neighborhood contacts. Of the lists, only 2 neighbors responded, and an additional letter was sent out to them to open a line of contact. They had questions but no concerns, which were over phone calls with Riley Pearson. No objections or negative feedback was obtained. Please see contact lists attached. Matt Smith P.E. ATTACHMENT #8 Abundance Land Services, LLC PO Box1867Lake Havasu City, AZ 86405 rileu©abundancelsjiet 406-546-2264 Mona & Aladin Abdin 7401 N SCOTTSDALE RD UNIT 41 PARADISE VALLEY, AZ 85253 RE; Proposed Abandonment of Cavedale Rd Mr. & Mrs. Abdin: I am representing Carol Chase, the owner of 26815 N 79 St. Scottsdale, AZ, which is located NW of your property along N Hayden Rd in Scottsdale. (APN# 212-22-038) My client is in the early stages of asking the City of Scottsdale for the abandonment of the Cavedale Dr alignment that is located on the south side of her property. This road alignment also exists on the north side of your property, taking up your northerly 33 feet, which has existed since the Government Land Office issued patents for these parcels and reserved this space for ingress/egress. As part of our project, we are reaching out to you to not only make you aware of our proposal, but to inform you that if this abandonment was to go through, the city has expressed desire to abandon and return to the property owners the rest of this segment of Cavedale. If you are interested in eliminating public access rights along your northerly boundary, I can point you to the appropriate city staff to work with and would also be open to consulting with you to help you make this happen. There are benefits of this to you, such as enlarging buildable space/reducing setbacks, and increased property values. There Is also a cost to doing so, as the city charges a fee of S.50/sq ft, an application fee, and other expenses you'd incur to comply with the City's complex application process. If you'd like to discuss this with me further, my contact information is in the header. Thank you, Riley Pearson, RLS Abundance Land Services LLC abundancels.net Chase Abandonment Public Participation list Cellco Partnership PO BOX 2549 ADDISON TX USA 75001 POMATTO THOMAS M/SUSAN A 26900 N HAYDEN RD SCOTTSDALE AZ USA 85266 DAVID B AND ANGELA M LEWERKE LIVING TRUST 26899 N 79TH ST SCOTTSDALE AZ USA 85266 JEFFREY FORREST KUNKEL IRREVOCABLE TRUST OF 2012/ETAL PO BOX 27843 SCOTTSDALE AZ USA 85255 HUNSBERGER RICHARD A 8711 E PINNACLE PEAK RD SCOTTSDALE AZ USA 85255 MEYER EDWARD J/MARY LOU TR 7885 E REDBIRD RD SCOTTSDALE AZ USA 85255 ENKOJI JOHN T/JUANITA LTR 26804 N 79TH ST SCOTTSDALE AZ USA 85255 MCFARLAND TIMOTHY WADE 26780 N 79TH ST SCOTTSDALE AZ USA 85266 NICKJ POLYDOROS AND PAMELA G POLYDOROS TRUST 26672 N 79TH ST SCOTTSDALE AZ USA 85266 SCHUMACHER LEEANN/PAGE CARLOS 313 33RD ST UNION CITY NJ USA 07087 HANNAH JOAN WARDE TRUST 6735 E GREEN WAY PKWYAPT1056 SCOTTSDALE AZ USA 85254 GARDNER JOHN R 26839 N 78TH ST SCOTTSDALE AZ USA 85266 7808 RED BIRD LLC 9450 SW GEMINI DR 97261 BEAVERTON OR USA 97008 TOTHEROW MAUREEN A 7814 E RED BIRD RD SCOTTSDALE AZ USA 85266 RIESS STEVEN/STRONG BEATRICE 3626 E HIGHLAND AVE PHOENIX AZ USA 85018 KUNKEL REVOCABLE TRUST PO BOX 27843 SCOTTSDALE AZ USA 85255 JOHNSON FAMILY REVOCABLE TRUST 7701 E WOOD DR SCOTTSDALE AZ USA 85260 MARkOyiG DRAGANA, 26777 N 79TH ST SCOTTSDALE AZ USA 85255 ABDINlMbf^A/ALADIN^ 7401 N SCOTTSDALE RD UNIT 41 PARADISE VALLEY AZ USA 85253 NGUYEN HAYDEN. 55 N HAMILTON ST CHANDLER AZ USA 85225 SHARON KUHLMAjS TRUST 7986 E REDBIRD RD SCOTTSDALE AZ USA 85266 FORREST CATRIONA 27150 N HAYDEN RD SCOTTSDALE AZ USA 85266 Revised 07-13-2017 Owner APPLICANT OWNER Commissioner George Ertel Carla Chris Schaffner Community Development Director Constance Laub David G. Gulino Edwin Bull John Berry/Michele Hammond City fo Scottsdale List Company Address City State Zip Icity of Scottsdale Planning Commission |ll725 N.;i29th Way I Scottsdale I 85259 Town of Paradise Valley Burch & Cracchiolo PA 3420 N. 78th Street 7346 E. Sunnyside Dr. 6401 E Uncoln Drive 10105 E. Via Linda Suite 345 ^5235 N. Woodmere Fairway 1850 N..Central Ave., Ste. 1700 Scottsdale AZ Scottsdale AZ Paradise Valley AZ Scottsdale AZ 85251 85260 85253 85258 [Scottsdale [85250 I Phoenix AZ 85004 John Washington Kathy Littlefield Berry Riddell, LLC City of Scottsdale City Council 6750 E Camelback Rd, Ste 100 3518 N. Chambers Court 3939 N. Drinkwater Blvd. Scottsdale Scottsdale Scottsdale AZ AZ AZ 85251 85251 85251 Maricopa County Superintendent of Schools Planning 8i Development Department Planning & Development Director Planning 8i Engineering Section Manager Planning and Zoning Planning Department Planning Department ADOT Central District - Red Letter Planning 8i Zoning Division Maricopa County Planning 8i Development City of Phoenix Arizona State Lind Department Town of Carefree Town of Cave Creek SRP-MIC Arizona Department of Transportation Town of Fountain Hills SRP Land Department atten: Sherry Wagner/Right-of-W: Mail Station PABIOW Superintendent Cave Creek Unified School District Superintendent Scottsdale Unified School District Southwest Gas Corporation Maggie Keasler Susan Demmitt/Nick Sobraske Paul Alessio Planning Department Rose Law Group Withey Morris, PLC Paradise Valley Unified School District Gammage & Burnham City of Scottsdale Jennifer Hall 4041N. Central Avenue Suite 1200 Phoenix AZ 85012 301W Jefferson St., Suite 170 Phoenix AZ 85003 200 West Washington Street, 2nd Floor Phoenix AZ 85003 1110 W. Washington St. Phoenix AZ 85007 8 Sundial Circle P:0. Box 740 Carefree AZ 85377 37622 N Cave Creek Road Caye Creek AZ 85331 10005 E Osborn Road Scottsdale AZ 85256 2140 W. HJItpn Avenue, Mail Drop PMOO Phoenix AZ 85009 16705 E.Ayenuepf the Fountains Fountain Hills AZ 85268 p;o. Box 52025 Phoenix AZ 85072-2025 P.O.Box 426 Cave Creek AZ 85327 8500 E. Jackrabbit Rd Scottsdale AZ 85250 2200 N. Central Avenue Ste 101 Phoenix AZ 85004 2525 E. Arizona Biltmore Circle; Suite A-212 Phoeriix AZ 85016 15002 N. 32nd Street Phoenix AZ 85032 7127 E. 6th Ave. Scottsdale AZ 85251 40 N. Central Ave., 20th Floor Phoenix: AZ 85004 7527 E. Tailspin Lane Scottsdale AZ 85255 7447 E Indian School Road Suite 105 Scottsdale AZ 85251 7144 E Stetson Drive, Suite 300 Scottsdale AZ 85251 Abundance Land Services, LLC PO Box1867Lake Havasu AZ 86405 rileu©abundancelsjiet 406''546-2264 Dragana Markovic 26777 N 79'" St. Scottsdale, AZ 85255 RE: Proposed Abandonment of Cavedale Rd Dragana Markovic: I am representing Carol Chase, the owner of 26815 N 79 St. Scottsdale, AZ, which is located adjacent and to the north of your property located at 26777 N 79 St.Scottsdale, AZ. My client is in the early stages of asking the City of Scottsdale for the abandonment of the Cavedale Dr alignment that is located on the south side of her property. This road alignment also exists on the north side of your property, taking up your northerly 33 feet, which has existed since the Government Land Office issued patents for these parcels and reserved this space for ingress/egress. As part of our project, we are reaching out to you to not only make you aware of our proposal, but to inform you that if this abandonment was to go through, the city has expressed desire to abandon and return to the property owners the rest of this segment of Cavedale. If you are interested in eliminating public access rights along your northerly boundary, I can point you to the appropriate city staff to work with, and would also be open to consulting with you to help you make this happen. There are benefits of this to you, such as enlarging buildable space/reducing setbacks, and increased property values. There is also a cost to doing so, as the city charges a fee of $.50/sq ft, an application fee, and other expenses you'd incur to comply with the City's complex application process. If you'd like to discuss this with me further, my contact information is in the header. Thank you, Riley Pearson, RLS Abundance Land Services LLC abundancels.net Abundance Land Services, LLC PO Box1867Lake Havasu City, AZ 86405 rileu@at>unjlancelsjiet 406''546''2264 RE: Neighborhood Notification - Project No. 858-PA-2023 To whom it may concern: You are receiving this letter because real estate you own has been identified as either either being within 750 feet of this project, being an HOA within 750 feet of this project, or you're on the City of Scottsdale's 'Interested Party' list. Project 858-PA-2023 is a right-of-way (ROW) abandonment request being submitted to the City of Scottsdale, on behalf of Carol Chase, the owner of 26815 N 79*^ St, Scottsdale, AZ. The ROW abandonment process requires that this notification be sent to you. The Cavedale alignment is a public ROW along the southerly 33 feet of her property. A roadway is not physically present in this location. This project seeks to vacate the existence of the public right-of- way. Easements will be granted to existing utility providers. The project area is 12,445.6 sq ft or 0.29 acres more or less. It is zoned Rl-70. If you have any questions, my contact information is in the header of this letter. The Contact for The City of Scottsdale is: Jesus Murillo, Sr. Planner 480-312-7849 jmurillo@scottsdaleaz.gov Thank you, Riley Pearson, RLS Abundance Land Services LLC Desert Foothills Area 9B Local Area Infrastructure Plan Ui 212-21-058A 212-21-055 I 212-21-042 212-21-041 212-21-040 212-21-039 1: 'X ■sr h- CO XH i2 z r 212-22-Q01A 212-22-001B 212-22-002 E PINNACLE VISTA DR 212-22-013 212-22-016 212-22-004A 212-22-004B ^EBAJADA RD 212-22-003 212-22-014 212-22-015 212-22-006 212-22-005 212-22-012 212-22-017 212-22-018 212-22-020 212-22-019A 212-22-011 I 212-22-021 212-22-022A 212-22-025A 212-22-026 212-22-02aA 212-22027 1 ■ m t 212-22-029A 212-22-030 E BAJADA RD el I Mi I: i : 4 212-22-007A 212-22-OOaA E REDBIRD RD 212-22-063 212-22-064A 212-22-064B 212-22062 212-22-061 H (O X h-z 212-22009 212-22010 I ^ 212-220S1A 212-22-024A 212-22-0500 212-22-062B 212-22052A 212-22-049 €0 X & 212-22-065 212-22-024B 212-22-046A 212-22-048A 212-22-045C (O XH o> z 212-22-032 212-22-031 E REDBIRD RD 212-22-033A V 212-22-069 212-22-^ 212-22-053 212-22-058 212-22064 212-22-043 212-22-045G 212-22-0S7A 212-22-056 <N rm- E JOMAX RD, 212-22-042 ■I ■■ O Q£ 212-22^34 U Q < ________I Z 212-22-035 E CAVEDALE DR 212-J12-037B 212-22036 212-22-041A -■M 212-22O40A 212-22039 4 j L mm-: .if. |Pircel8':|f| Preserve Proposed Street '■■■ City Boundary Existing Trail KiPlanned Trail 145 290 -iFeet 580 gte^Sewerm, ATTAr^HMPNT iM CITY OF’ SCOnSDALE t' >• SDAL Last undated 1(V?/2018 Murillo, Jesus From: Sent: To: Subject: Hults, Clayton Monday, June 23, 2025 9:00 AM Murillo, Jesus FW: 26815 N 79th st Cavedale abandonment I have added this to the case folder, the email is DrBaretich(5)gmaii.com. Thanks, Clayton Hults City of Scottsdale Planning & Development Sen/ices | Planning Technician 480-312-4213 From: NoReply <noreply@scottsdaleaz.gov> Sent: Friday, June 20, 2025 4:52 PM To: Projectinput <Projectinput@scottsdaleaz.gov> Subject: 26815 N 79th st Cavedale abandonment Hello, I'm writing to inquire about this case as a prospective buyer for the property (single family home) at 26915 N 79th st. There is currently a Desert Foothills Trail Construction planned by the City of Scottsdale, and it appears to be going through this area of land just south of the property. I would like to know if this abandonment case will still be valid if that land is going to be part of this trail expansion project. If so, then I would assume the land couldn't be acquired by the property owner? Please clarify and advise on any conflicts with the abandonment case and trail construction. Thank you, Bethanne Baretich 253-678-9578 — sent by Bethanne Baretich (case# 3-AB-2024) T- sconsDi e 2025 city of Scottsdale. All Rights Reserved. 1 ATTACHMENT #10 City Notifications - Mailing List Selection Map N Cavedale Abandonment hi/-miigi»a iiiiiiiiiilll^liia «MSiSm?S=R i»i I'y : m 8t fy\ '*■'•’ • V ,/••:■ .. Vi - i^iiirates-12 is Labels Pulled May 5, 2026 Additional Notifications: Interested Parties List Adjacent HOA’s P&Z E-Newsletter Facebook Nextdoor.com City Website-Projects in the hearing process Map Legend: Site Boundary Properties within 750-feet Postcards: 62 3-AB-2024 ATTACHMENT #11 c m -f * X SCOTTSDALE PLANNING COMMISSION KIVA-CITY HALL 3939 DRINKWATER BOULEVARD SCOTTSDALE, ARIZONA WEDNESDAY, MAY 27, 2026 *DRAFT SUMMARIZED MEETING MINUTES * PRESENT: Joe Young, Chair William Scarbrough, Vice Chair George Ertel, Commissioner Michal Ann Joyner, Commissioner Doug Drake, Commissioner Barney Gonzales, Commissioner ABSENT: David Reid, Commissioner STAFF: Tim Curtis Joe Padilla Becca Cox Casey Steinke Jesus Murillo Jack Kelly Jason McWilliams CALL TO ORDER Chair Young called the regular session of the Scottsdale Planning Commission to order at 5:01 p.m. ROLL CALL A formal roll call was conducted confirming mernbers present as stated above. MINUTES REVIEW AND APPROVAL 1. Approval of the May 13, 2026 Regular Meeting Minutes. Commissioner Drake made a motion to approve the May 13, 2026 Regular Meeting Minutes. Second by Commissioner Joyner, the motion passed unanimously by a vote of five (5) to zero (0). * Note: These are summary action minutes only. A complete copy of the meeting audio is available on the Planning Commission page on ScottsdaleAZ;gov, search “Planning Commission” ATTACHMENT #12 Planning Commission Regular Meeting Minutes May 27. 2026 Page 2 of 2 ConsentAgenda 1. 3-AB-2024 (Widdows Residence Abandonment (North Cavedale)) Request by applicant to abandon the 33-foot GLOPE and the underlying 25-foot fee- simple right-of-way, located along the southern (E. Cavedale Drive alignment) boundary of parcel 212-22-036A, with Single-family Residential Environmentally Sensitive Lands, Foothills Overlay (R1-70/ESL/FO) zoning, located at 26815 N. 79th Street, totaling approximately 10,065 square-feet of right-of-way. Owner to dedicate property interests to the City. Staff contact person is Jesus Murillo, 480-312-7849. Applicant contact person is Bryan Riensche, 480-310-1737. 2. 13-UP-2025 (Stetson Salooni Request by owner for a bar Conditional Use Permit on a +/- 4,820 sf site, zoned Highway Commercial DistricWParking Type 3, Downtown Overlay & Parking Type 2, Downtown Overlay (C-3/P-3 DO & P-2 DO) located at 4340 N. 75th Street. Staff contact person is Casey Steinke, 480-312-2611. Applicant contact person is Lauren Proper Potter, 480- 921-2800. 3. 14-UP-2025 (Stetson Saloon - Live Entertainment) Request for a Live Entertainment Conditional Use Permit on a +/- 4,820 sf site, zoned Highway Commercial District/Parking Type 3, Downtown Overlay & Parking Type 2, Downtown Overlay (C-3/P-3 DO & P-2 DO) located at 4340 N 75th Street. Staff contact person is Casey Steinke, 480-312-2611. Applicant contact person is Lauren Proper Potter, 480-921-2800. Items No. 2,3, & 4; Vice Chair Scarbrough made a motion to approve for recommendation of approval to City Council for cases 3-AB-2024,13-UP-2P25 and 14-UP-2025 after finding that the proposed abandonment and CUP criteria have been met and that the proposed Conditional Use Permits are consistent and conforms with the adopted General Plan, per the attached stipulations. Second by Commissioner Ertel, the motion passed unanimously by a vote of five (5) to zero (0). Due to technical issues, Commissioner Gonzales was unable to participate in the vote. ADJOURNMENT With no further business to discuss, the regular session of the Planning Commission adjourned at 5:09 p.m. * Note: These are summary action minutes only. A complete copy of the meeting audio is available on the Planning Commission page on ScottsdaleAZ.goy, search “Planning Commission”