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Hienton Curry Wakefield LaVoy
A Professional Limited Liability Company
Phoenix Office
5045 North 12" Street HM Suite 110 M Phoenix, Arizona 85014
(602) 254-9900 m@ fax (602) 293-3278
Texas Office
109 E. Hackberry Street Ml Fredricksberg, Texas 78624
(830) 856-2724
James R. Hienton James R. Hienton
Michael D. Curry + Direct: (602) 744-5706
Scott S. Wakefield + jhienton@hclawgroup.com
Christopher A. La Voy
+ Also licensed in Texas
March 31, 2021
VIA EMAIL: Jessica.brinton@maricopa.gov
Maricopa County Department of Transportation
Attn: Jessica Brinton, Planner
2901 West Durango Street
Phoenix, Arizona 85009
Re: Assessor Parcel No. 216-50-151A; Proposed Abandonment of Easement
(PAB-0150) — Assessor Parcel No. 216-50-186A
Dear Ms. Brinton:
We represent the owner (Judi Pierce) of Assessor’s Parcel No. 216-50-151A (the
“Subject Parcel”). This letter is in connection with the proposed Abandonment of Easement being
considered by the Maricopa County Board of Supervisors. Parcel No. 216-50-186A is owned by
Scott Equities Trust (the “Scott Parcel”) who has filed for the proposed abandonment. The Scott
Parcel is located north of the easement proposed to be abandoned. Parcel No. 216-50-151B is
owned by James and Marie Erb (the “Erb Parcel’’) and is located south of the easement proposed
to be abandoned.
The easement being considered for abandonment currently serves as access to our
client’s Subject Parcel. Our client’s access to its Subject Parcel is currently provided by a 33-foot
wide easement on the south side of Parcel No. 216-50-186A and a 33-foot wide easement on the
north side of Assessor Parcel No. 216-50-151B (the easement is named Maria Drive on County
Maps).
The Maricopa County Department of Transportation has recommended to the
Board of Supervisors that the 33-foot easement on Parcel No. 216-50-186A be abandoned except
for the south ten feet and the east 33 feet thereof.
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Maricopa County Department of Transportation
Attn: Jessica Brinton, Planner
March 31, 2021
Page 2
While it would appear that after such abandonment, the Subject Parcel would still
have a 10-foot easement on Parcel 216-50-186A and a 33-foot easement on Parcel No. 216-50-
151B, that is only a temporary illusion. The owner of Parcel No. 216-50-151B has already told
our client that he will file for an abandonment of the 33-foot easement on the north side of his
property (which provides access to our client’s Subject Parcel). If the owner of Parcel No. 216-
50-151B is successful in abandoning the entire 33-foot easement, then our client would be left
with only a 10-foot access easement to its Subject Parcel. Assuming the owner of Parcel No. 216-
50-151B is required to leave the north 10 feet of his 33-foot easement as an access easement for
the Subject Parcel, our client still only has a combined 20-foot access easement to its land. Thus,
the two land owners of Parcel No. 216-50-186A and Parcel No. 216-50-151B are attempting to
reduce the current 66-foot access easement to only a 10 or 20-foot access easement.
The owners of the Erb Parcel and the Scott Parcel have owned their parcels for a
number of years and the 66-foot access easement has not appeared to burden their property during
that time while still providing access to our client’s Subject Parcel. Now, suddenly, Mr. and Mrs.
Erb and the Scott Equities Trust want to reduce our client’s access to less than one-third the size
of its current access road.
A 10-foot or even a 20-foot access to Mrs. Pierce’s Subject Parcel is not adequate.
The land and parcels in this area are rural. Many of the parcels (including Mrs. Pierce’s Subject
Parcel) are adequate for equine facilities and many people purchase property in this area for just
that purpose. If our client’s property is used for equine purposes, it will require adequate access
for multi-horse trailers. Those trailers require at least a 33-foot access to safely and reasonably
access Mrs. Pierce’s Subject Parcel. Any change in the Maria Drive access needs to also make
sure that the Subject Parcel has access to utilities through the Maria Drive access to 67" Street.
The diminution of the amount of access to the Subject Parcel and the possible restriction of
available utilities to the Subject Parcel by Mr. and Mrs. Erb and the Scott Equities Trust attempting
to abandon Maria Drive amounts to a taking of important rights attached to the Subject Parcel.
Mrs. Pierce objects to the above-referenced abandonment of the access easement
to her property. The 66-foot wide access easement should be maintained. If there is any
abandonment, the access easement to our client’s Subject Parcel should not be less than 30 feet
which would require at least 15 feet of the access easement to remain from each of Parcel Nos.
216-50-186A and 216-50-151B.
Finally, our client objects because the required postings of the property in
connection with the Abandonment Hearing have not been properly posted and maintained. Our
client and other adjacent land owners report that the official posting of notice of the Access
Easement Abandonment was only on the property for a few days before it was taken down
(intentionally or unintentionally). In addition, the owners of Parcel Nos. 216-50-186A and 216-
50-151B have not indicated or established any significant or material burden to them of the existing
33-foot wide access easement on each of said parcels. Each land owner bought their parcel with
full knowledge of the 33-foot access easement. Our client purchased her property with the
knowledge that it had a 66-foot wide access easement. Had our client known that the neighboring
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Maricopa County Department of Transportation
Attn: Jessica Brinton, Planner
March 31, 2021
Page 3
properties planned to constrict the access easement to her property to 10 feet or 20 feet, her
purchase decision may well have been different.
If you have any questions regarding this letter or our objection to the requested
abandonment, please feel free to call me.
Very truly yours,
James R. Hienton
JRH:tls
Cc: Maricopa County Board of Supervisors:
Jack Sellers, Chairman — District 1 (sellersj@mail.maricopa.gov)
Bill Gates, Vice Chairman — District 3 (district3@mail.maricopa.gov)
Steve Chucri, Supervisor — District 2 (chucris@mail.maricopa.gov)
Clint Hickman, Supervisor — District 4 (chickman@mail.maricopa.gov)
Steve Gallardo, Supervisor — District 5 (district5@mail.maricopa.gov)
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