Attachment B - Approval Report 180050.pdf

City of Phoenix — Formal (2020-09-16)

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Attachment B - Approval Report

C

City of Phoenix

Planning and Development Department

CONDITIONAL APPROVAL — 180050A

Your waiver 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 G. Martinez at (602) 495-0156 for questions and notification of your
completion of the stipulations.

Upon completion of the stipulations Robert G. Martinez wil! schedule your request for City Council
action.

If the stipulations of abandonment are not completed within one year from the date of your conditional
approval (your expiration date is September 11, 2019), 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.

G

City of Phoenix

Planning and Development Department

September 11, 2018
Abandonment Staff Report: V180050A
Project# 02-2509
Quarter Section: 38-30

Location: 18120 North 74th Street
Applicant: Colleen A. TeBrake
Request to waive: To waive the northern 33 — foot Patent Easement

running West to East of lot addressed 18120 N.
14th St, APN 214-11-005J.

Purpose of request: The applicant states: The easement is no longer
needed and runs up to a hill, into an already gated
community.

Hearing date: September 11, 2018

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18210 £1309

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APN 244.11-.005J

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APPLICANT: Collen TeBrake WZ, ABANDONMENT AREA
APPLICATION NO: V180050A QUARTER SECTION: 38 +30
| ) _| DATE: 25-Jul-2018 Docket & Page: 1574 - 338
iy Phoenia h Planning & Development Department

Hearing Summary

Colleen Tebrake represented herself. She informed the hearing that there is no longer a need for the
patent easements on site, so she could build there. Christopher DePerro mentioned Cox and APS both
have utilities in the easement and discussed some possible options to address this. Ms. Tebrake noted
that she would have to contact Cox and APS to find out what they would need, in regards to area and
location for them to access the utilities

Mr. DePerro stated that after this was done and we had something in writing from the two utilities, we
would schedule the abandonment for City Council. Alan Hilty noted that part of the applicant's
requirements would be to finish the curb at the intersection because it is a private street. DePerro
approved the waiver, subject to stipulations in the report dated September 11, 2018.

Stipulations of Conditional Approval

The request of waiver, 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. 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. Allstipulations must be completed within one year from the Abandonment Hearing Officer’s
decision.

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

Date: eA A&

Hearing Officer Signature:

REPORT SUBMITTED BY: bed Murrietta, Abandonment Secretary
ce: Applicant/Representative, Colleen A. TeBrake

Christopher DePerro, Abandonment Hearing Officer