Attachment B - Approval Report 250005.pdf
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Planning and Development Department
CONDITIONAL APPROVAL – ABND 250005
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 March 13, 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.
ATTACHMENT B
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Planning and Development Department
March 13, 2025
Preliminary Abandonment Staff Report: ABND 250005
Project# 00-2991
Quarter Section: 18-38
District#: 6
Location:
Right-of-way abutting 4602 East Calle Del
Medio
Applicant:
Greenman Law / Jordan Greenman
Request:
Request to abandon 8-feet of the 33-feet
right-of-way that abuts 4602 East Calle Del
Medio to the west.
Purpose of request:
Applicant states the right-of-way
abandonment has been requested to
consolidate the land with the abutting
property to aid with removing unneeded
right-of-way. Thus, enhancing the
community.
Hearing date:
March 13, 2025
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City Staff Research
City Staff research shows that the North 46th Street 33-feet right-of-way was dedicated on
September 4, 1957 by the Lafayette Villa Unit 3 Subdivision Plat under Book 73, Page 46 of the
Maricopa County Recorder. If abandoned, the North 46th Street 8-feet-wide right-of-way would
be conveyed back to the abutting property owner.
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
Comments:
1. 46th Street is a local road with a minimum half-street of 25-feet.
Stipulations:
1. No right-of-way within 25-feet of the 46th Street monument line shall be abandoned.
Street Transportation Utility Coordination Department– Andrea Diaz
The Street Transportation Department Utility Coordination section has no comments.
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PDD Traffic Department – Derek Fancon
Recommend approval.
PDD Planning Department – Dru Maynus
Recommend approval.
Streetlights – Jason Fernandez
Recommend approval.
Solid Waste – Megan Sheets
Approved.
Water Services – Don Reynolds
The Abandonment portion of the right-of-way shall be retained as a water easement or as may
be modified by the affected utilities with 24-hour maintenance access subject to the following
standard stipulations:
1. No structure of any kind and/or block wall shall be constructed or placed within the
easement except removable type fencing and/or paving. No planting except grass and/or
approved ground cover shall be placed within the easement. It shall be understood that
the City of Phoenix shall not be required to replace any obstructions, paving or planting
that must be removed during the course of required maintenance, reconstruction, and/or
construction.
PDD Village Planner – Sarah Stockham
No comment received.
PDD Civil Department – Roxanne Tapia
Civil Division recommends approval without stipulations.
Public Transit Department – Skitch Kitchen
The Public Transit Department has no comment on this project.
Utility Comments
The request was also routed to outside utility companies for their input. Listed below are the
responses from each utility.
Cox – Zach Lawson
I have reviewed the abandonment request at ABND 250005 APH 171-29-028 4602 E CALLE
DEL MEDIO, in Phoenix, {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.
Southwest Gas – Susan R. Mulanax
After reviewing the documents for the above-referenced abandonment, it has been determined
that there are no apparent conflicts between the Southwest Gas system and your proposed
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abandonment as shown on the letter you sent. Permission is granted to abandon the right-of-
way located at the above-referenced location.
Arizona Public Service – Darianna Arias
Not within APS’s service territory.
CenturyLink – Jody K. Butte
Quest Corporation d/b/a CENTURYLINK CQ (“CenturyLink”) has reviewed the request for the
subject abandonment request and has determined that in order to protect its facilities,
CenturyLink must deny the request at this time.
If you would like to discuss possible alternative resolutions to this abandonment request, please
contact Bill Paul 727-449-3544 or bill.paul@lumen.com.
Salt River Project – Michael Laguna
Salt River Project has no objection to the abandonment of the east 8’ of the 33’ right-of-way
adjacent along the west property line of 4602 E. Calle Del Medio with the following conditions.
The abandoned 8’ is to be retained as a Public Utility Easement and the proposed abandoned
right-of-way does not supersede the Salt River Project easement recorded in Docket 2480-17.
Recommended Stipulations of Approval
The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject
to the following stipulations:
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 rights-of-way shall be retained as a public utilities easement with 24-hour vehicle
maintenance access.
2. Consideration which provides a public benefit to the City is required in accordance with
City Code Art. 5, Sec. 31-64 and Ordinance G-5332. Cost for abandoned Right-of-Way
adjacent to property not zoned single family residential will be $500 OR Fair Market
Value whichever is greater. Cost for property zoned single family residential is $1.00 a
square foot for the first 500 square feet, $0.10 a square foot thereafter: OR Fair Market
Value at the option of the Planning and Development Director or designee. The applicant
shall submit calculation and fee to Planning and Development Department. The
applicant shall request a selection of approved appraisers from the current list
maintained by the Real Estate division of the Finance Department.
3. Applicant shall obtain City approval of a legal description of the abandonment area prior
to City Council approval of ABND 250005.
4. No right-of-way within 25-feet of the 46th Street monument line shall be abandoned.
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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.
Hearing Officer Signature: ____________________________________ Date: ___________
REPORT SUBMITTED BY: Dru Maynus, Abandonment Coordinator.
cc:
Greenman Law, Jordan Greenman, Applicant
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.
March 18, 2025