CLEMENTS LETTER 4-3-21.PDF

Maricopa County — Formal (2021-04-07)

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T H O M A S W. & P A M E L A M. C L E M E N T S
32809 N. 66th Street
Cave Creek, Arizona 85331
602-625-9132 Mobile
twcaz@msn.com
April 3, 2021
To: Jessica Brinton, Planner
MCDOT
2901 West Durango Street
Phoenix, Arizona 85009
Re: PAB-0150 Federal Patent Easement Abandonment
Dear Ms. Brinton:
We own the property that is just west of parcel number 216-50-186A, the
property/easement in question. We object to the proposed abandonment of a portion of
the easement for the following reasons:
• One of our concerns about the abandonment of the easement in question is “From
where will the electrical and water come to parcel number 216-50-151A?” The
shortest distance is from 67th Street. To come from 66th Street would compromise
a well-vegetated wash with many trees and rocks. Following storms, this wash
receives water runoff from parcel 216-50-186A via a culvert under our property.
• It is our belief that Maria Road should be extended west from 67th Street to allow
access to the newly-purchased property that is the second lot south of Maria and
west of 67th Street, parcel 216-50-151A. If the owners of the first lot south of
Maria and west of 67th, parcel 216-50-151B, are also granted the same size
abandonment as our neighbors to the east, it means the total width of the Maria
roadway will be 20 feet. For any sizeable vehicle, pulling a trailer, to make a turn
from 67th Street onto Maria and to successfully maneuver down that narrow road
or driveway, followed by a turn onto the newly-purchased property, is
questionable.
• The neighbor’s property to our east – the property requesting the abandonment –
has been “lifted” within the last couple of years by the addition of tons of dirt and
debris and is five feet or more higher in some places than it was originally. Not
only does this extra height lead to increased muddy water flow across our
property when it rains heavily but we also question how this may impact the new
path of Maria Road.
We have a culvert on our property that connects with a wash that runs through
parcel 216-50-186A. When this parcel was raised the wash on the property was

changed. There were no rocks put down and a very large rain last year
compromised our culvert, almost filling it with mud. It has gotten slightly better
over time. We told our neighbors that if rock were not put down it would continue
to happen. They put some rock down near the entrance to our culvert and it has
helped. However, the raised ground has no containment on its sides with rock nor
wall. We feel new flooding/blockage of our culvert and land is just a matter of
time.
Furthermore, some of this lifted land already extends into the 33 feet easement.
Has county Flood Control given the change in land height their approval? If the
Maria Road “driveway” is forthcoming, we are sure it will be subject to muddy
water runoff from our neighbor’s lot.
We appreciate your consideration of these points and request that the application to
abandon a portion of the easement be denied or at least adjusted to allow for a wider
driveway/road. We also will appreciate your consideration of the impact the raising of
land height on parcel -186A has had on our own and other properties.
Sincerely,
Thomas W. Clements
Pamela M. Clements