PAB-0055 UPDATED REPORT TO BOS 06-22.PDF

Updated Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0055 Federal Patent Easement Abandonment
Meeting Date: June 27, 2018 to set the hearing date.
Supervisor District Effected: 4
Applicant: Department of Transportation
Request: Full abandonment of the Patent easement as requested by the owner of the
property located at 10307 West Mariposa Grande, Peoria, AZ 85383 and being
identified as Assessor Parcel No. 201-08-029B.
Support/Opposition: Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d.
MCDOT opposes to the full abandonment of the patent easement (east 33 feet),
but would support a partial abandonment of the west 8 feet of the east 33 feet.
See attached letters from two community members who oppose the
abandonment.
Discussion: Laws 2013, Chapter 46 amended Arizona Revised Statutes, Section 11-251.16 to
allow a county, at the request of a property owner, to abandon a federal patent
easement established by the Small Tract Act of 1938. On May 7, 2014 the
Maricopa County Board of Supervisors (BOS) approved Ordinance No. P-34,
adopting procedures for the abandonment of federal patent easements. The
Maricopa County Department of Transportation (MCDOT) has considered and
processed this request for abandonment in strict accordance with A.R.S. Section
11-251.16 and Ordinance No. P-34.
Department Recommendation:
During the Initial Determination of PAB-055, MCDOT had no objection to the
abandonment due to the presence of a 40 foot roadway easement on the east
side. Since then, the applicant has submitted to abandon that 40 foot roadway
easement (AB-314). Because of this MCDOT now objects to the abandonment of
the east 33 feet of the patent easement. MCDOT only supports abandonment
of the south 8 feet of the north 33 feet except the east 25 feet and the
abandonment of the west 8 feet of the east 33 feet except the north 25 feet of
the patent easement. This would support a local roadway on both 103rd Avenue
and Mariposa Grande Road.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer

Brendan Brady - MCDOTX
From:
Sent: Thursday, May 10, 20189:09 AM
To: Brendan Brady - MCDOTX
Cc: Gregg Lentz
Subject: Objection to 103rd mariposa grande easement
Good morning,
I am writing to you today to OBJECT to the easement on 103rd Ave just south of Mariposa Grande for several reasons.
1. The access down in this neighborhood is already horrible with the road conditions and access in and out of the
neighborhood. If 103rd Ave gets blocked off or easement abandonment, this would be a serious issue for emergency
services that respond to this area for medical, fire, or police. With any emergency, seconds do count between life and
death and blocking 103rd would cause a huge issue in this area. Emergency crews have already responded to this area
several times and have had major issues getting back to the area where the emergency was at. This road closure would
make it even a bigger issue. 104th Ave and between mariposa and Avenida Del sol is already illegally blocked off and
something needs to be done about it, but having both roads blocked would cause a major issue I. This neighborhood as
it would cause Avenida Del Sol an even More hectic roadway with the added traffic.
2. Several children including mine, use 103rd Ave to go to and from school on their bikes or walking. Abandoning this
easement would cause them to make their commute.further and more dangerous. They would need to go all the way
down Avenida Del Sol and with the closure it would cause more traffic and we DO NOT have sidewalks in this
neighborhood. This would put our kids lives in danger as people already have too many distractions in their vehicles
these days. My children are NOT allowed to go down to lake pleasant Parkway due to these distractions. Having the
easement abandoned would cause for major access into our neighborhood for both children and adults.
3.. Please DO NOT ALLOW THIS EASEMENT TO ABANDON. It will cause major issues in our neighborhood that already
need fixed.
4. I will be out of town during the hearing for the easement. My vote would be to DENY the easement abandonment.
Thank you for your time and if you need to get a hold of me I can be reached by email or phone.
Respectfully
Gregg
Sent from my iPhone

Brendan Brady - MCDOTX
From: Jim Walter <
Sent: Friday, June 22, 2018 12:02 PM
To: Brendan Brady - MCDOTX
Subject: PAB-0055 APN:201-08-029B -2/13/2018
Attachments: IMG_3891.JPG; IMG_3892.JPG; IMG_3893.JPG
Thank you for taking our call a few weeks back regarding the above referenced request for the abandonment of the Federal patent easement
on 103rd Avenue between Mariposa Grande and Avenida Del Sol, pictures of the notice are attached for additional reference.
As we stated over the phone, we definitely object to this request; just as we objected to the prior Maricopa County roadway easement
abandonment for this parcel (see post script below). Eliminating the Federal easement from this parcel would push ALL traffic into the
easement of the parcel to the east. This roadway (103rd Avenue) is heavily traveled by residents and delivery services; and is necessary for
travel between Mariposa Grande and Avenida Del Sol. It has been a roadway and traveled by the residents in this area for a very, very long
time.
Besides the fact that several property owners in this area have blocked their roadway easements (104th Avenue and 105th Avenue between
Mariposa Grande and Avenida Del Sol) without seeking legal abandonment; the City of Peoria has restricted access onto Mariposa Grande
for traffic coming from the north on Lake Pleasant Parkway with a median. There is not left-hand turn, so all traffic from the south has to
turn left onto Avenida Del Sol, or make a u-turn at CaIle Lejos, in order to head west on Mariposa Grande beyond 103rd Avenue.
Two years ago there was a fire on a property at Mariposa Grande and 105th Avenue. All of the emergency vehicles tried to access from
Avenida Del Sol and 105th Avenue and had to turn around go back to 103rd Avenue--the only unobstructed roadway between Mariopsa
Grande and Avenida Del Sol. All responders were delayed by at least 10 minutes trying to figure out where to turn around and where to
access Mariposa Grande. The structure burned to the ground. Eliminating the Federal patent easement on 103rd Avenue will close off the
last remaining and accessible roadway between Avenida Del Sol and Mariposa Grande in this area.
After speaking with a few neighbors, it was discovered the property owner to the east of this parcel (201-063-E) is also planning to ask for
abandonment of both easements on 103rd Avenue on the east side. That would essentially eliminate the roadway and cut off any means to
travel between Mariposa Grande and Avenida Del Sol. This can't possibly be part of any master plan for this area. As abandonment requests
for the north / south roadways continually get approved, the traffic burden gets pushed onto the remaining road easements. There have been
knock-down, drag out fights over the abandonments and unapproved closures.
There have been several requests for roadway easement abandonments in this area, both Federal and County. The County keeps approving
them without properly evaluating the area. This can't continue.
There is a terrible dust problem in this area. The County will not enforce dust abatement ! control measures or fine the property owners for
not dealing with their dust. We have continually tried to get help from the local, county, and state agencies to no avail. This abandonment
request is more likely an effort to "act as dust control" by blocking traffic instead of paving. Given the amount of traffic carried by 103rd
Avenue, all of the property owners are in violation of the County dust control ordinance.
Jim and Heidi Walter
P.S. This was part of our communication regarding our objection to the abandonment of the Maricopa County "road" easement which the
County chose to go ahead with anyway:
"As I understand it, the AZ State Legislature via ARS 11-251.16 gave counties authority to abandon easements created
pursuant to the Small Tract Act of 1938. The intent being to give local municipalities and governments control over their
roadway easements.
As a result the afore mentioned statute, Maricopa County adopted Patent Easement Abandonment Ordinance No. P-
34. Sections 5a & b state: "If a patent easement for which abandonment is requested shares a border with and is
parallel to any right of way that has been a. "opened and declared" and b. "dedicated or granted" by Maricopa County,
there shall be a rebuttable presumption that the patent easement is being used and is necessary. As I previously
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indicated, 103rd Avenue between Mariposa Grande and Avenida Del Sol is heavily used by local residents, delivery
services, and emergency personnel.
If we allow the County road easement to be abandoned (as the public posting indicates), that would open the door for a
subsequent application to abandon the Federal land patent easement, as County P-34 sections 5a and 5b would no
longer be applicable. It's important to preserve the County easement, not the Federal easement, per the intent of the
State legislature. (As you stated, there is noting posting regarding a change to the federal land patent easement.)
There has been indication in the neighborhood that an adjacent property is planning to ask for the same abandonments
on the east side of 103rd Avenue. This would essential give the 2 property owners the right to block off the road.
I maintain my objection to elimination of the County road easement. As stated previously, I'm not opposed to a
narrowing of the County road easement--to either the lesser easement of the Federal 33' or an adjusted Federal
easement of 25'; and/or to 25' for the County easement. Again, elimination of the County easement is just not an
option in my view as the County is supposed to be the controlling authority.
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