PUBLIC COMMENT - S. HALVER PAB-0129_REDACTED.PDF

Enclosures:  Patent 1048813, Patent 1199798, and Pictures

PAB-0129 Federal Patent Easement Abandonment 
 
 
View of Debris Looking West, Attempt to Close Road just West of PAB-0129   
See Paved Montgomery in Distance-  picture below from other direction 
 
 
View Looking East from 56th Street, Montgomery 
 
Alignment, Road on the South side of Power Poles 
Building/fence in what would be the north 33’ Easement

Correspondence

From:
Denise Lacey (DOT)
To:
 Allyson Halver
Cc:
Jessica May (DOT)
Subject:
RE: PAB-0129 Follow-up to 10/15 Phone Conversation
Date:
Monday, October 19, 2020 11:31:03 AM
Attachments:
image001.png
Mr. Halver:
 
Maricopa County Department of Transportation (MCDOT) appreciates your interest in the Patent
Easement Abandonment process, especially as it relates to PAB-0129.  I have been made aware of
your concerns and would like to offer the following information.
 
Based upon evaluation of the Montgomery Road alignment between 56th and 59th Streets it has
been determined that a FUTURE roadway in this area would fall under the classification of a
Collector cross section.  A Collector cross section requires 60 feet of right of way (30 feet half street).
 
When a roadway alignment falls on the border of properties the requirement for preservation or
dedication is a shared responsibility.  This means that the roadway requirement is shared with half of
the roadway cross section becoming the responsibility of each owner.  In this instance 30 feet to the
southern parcel and 30 feet to the northern parcel.  This even distribution of responsibility
eliminates claims of takings.  The proposed 30 feet of retained Patent Easement on the southern half
of this alignment will ensure the right to build a future roadway in this area.  The northern parcel will
be required to preserve or dedicate the northern 30 feet through a build permit or site plan review
process. This is outlined in the Maricopa County Zoning Ordinance, Chapter 11. This principle would
apply throughout the corridor in this area to retain a corridor that could accommodate a Collector
cross section.
 
This alignment is not currently owned/operated/maintained by Maricopa County, it is a private dirt
roadway. It is not untypical for these roadways to be  approximately 20 feet wide and follow a
meandering path as you noted.  At this time, MCDOT has no plans to improve this roadway.
 
Regarding the property to the north and the lack of a Patent Easement.  While Jessica indicated she
does not have record of a Patent Easement on this property this statement does not verify the
absence of a public easement.  This would need to be determined through a Title Search.  Said Title
Search would need to be done through private means.
 
Regarding debris in the travel way.  If your travel way has been blocked, you may contact the County
Enforcement Officer (Phone: 602-506-3301 Email: PNDpdcustomerservice@maricopa.gov) and they
will investigate.  Again, this is a private roadway and MCDOT has no authority for this matter.
 
I appreciate your concerns and input on this important decision.  Jessica has done a thorough
evaluation, utilized our procedures for this evaluation, and come to conclusion that the
abandonment of three (3) feet has no negative impact to the future ability of roadway construction
in this area.  I hope that I have provided information you find useful and I encourage you to follow
through with sending your opposition letter for consideration and documentation.

Again, thank you for reaching out to MCDOT.
 
Regards,
 
Did I provide excellent service? Tell us how we are doing.
 
 
Denise Lacey
Planning Branch Manager
Transportation Systems Management
O: 602.506.6172 ▪ C: 602.359.5393
 
From: Jessica May (DOT) 
Sent: Monday, October 19, 2020 8:54 AM
To: scotthalver@msn.com; Allyson Halver <allysonhalver@msn.com>
Cc: Denise Lacey (DOT) <Denise.Lacey@Maricopa.Gov>
Subject: RE: PAB-0129 Follow-up to 10/15 Phone Conversation
 
Good morning Scott,
 
I’m elevating this to my supervisor for additional evaluation (Denise Lacey, cc’d on this email). Due to
her schedule, please allow a couple of business days for her to reach out to you.
 
Thank you,
Jessica
 
Did I provide excellent service? Tell us how we are doing.
 
Jessica May
Planner
O: 602.506.4178
Maricopa County Department of Transportation
 
From: Scott Halver
 
Sent: Saturday, October 17, 2020 1:58 PM
To: Jessica May (DOT) <Jessica.May@Maricopa.Gov>; Allyson Halver 
Scott Halver 
Subject: Re: PAB-0129 Follow-up to 10/15 Phone Conversation
 
Hello Jessica,
Thank you for looking into the north easement.   I intend to send you comments in writing. 
 The fact that you did not find an existing 33' easement north of the 33' foot easement
adjacent to the subject property makes me even more uncomfortable with the government
abandoning an easement.   I do right of way work and the government spends a huge amount

of money to acquire rights-of-way.
 
On another note, I re-drove Montgomery Road and took pictures.  There seems to be a lot of
confusion in that the roadway is south of the power lines going east from 56th Street but then
crosses over to the north side of the same power lines as you get farther east.  Property
owners in the immediate area of the proposed abandonment have dumped dead saguaro and
moved a couple of large boulders into the roadway in an attempt to block or stop traffic.
 
Let me know if you would like to visit this roadway, I can meet you.
 
Thank You, Scott
 
Scott A. Halver 
 
From: Jessica May (DOT) <Jessica.May@Maricopa.Gov>
Sent: Friday, October 16, 2020 3:21 PM
To: 
Subject: PAB-0129 Follow-up to 10/15 Phone Conversation
 
Hello Scott,
 
Based on my review of the information available on the Bureau of Land Management website, I
confirmed that there does not appear to be Patent Easements on the parcel (APN 211-45-002Z)
located directly to the north of the PAB-0129 parcels we discussed yesterday.
 
However, when development is proposed for that parcel, MCDOT would require reservation of the
south 30 feet along that parcel for Montgomery Road as part of the development review and
approval process. This would leave 60 feet total along Montgomery Road (30 feet per half-street),
which would be sufficient to accommodate a roadway similar to the existing Montgomery Road west
of 56th Street at a future date.
 
Although Patent Easement abandonments are requested on a per parcel basis, MCDOT considers
the access and capacity needs of the area surrounding the parcels in question when determining
whether or not to recommend full or partial abandonments. A 60-foot wide corridor will
accommodate a minor collector roadway (one travel lane in each direction).    
 
I would appreciate if you could confirm receipt of this email and please let me know if you would like
any additional information. Note that I will need to receive your concerns in writing if you want to
have your comments submitted to the Board.
 
More information on the Patent Easement abandonment process can be found on the MCDOT
website: https://www.maricopa.gov/775/Abandonment-of-Patent-Easements.

Thank you,
Jessica
 
Did I provide excellent service? Tell us how we are doing.
 
Jessica May
Planner
Systems Planning Branch
O: 602.506.4178
Maricopa County Department of Transportation
2901 W. Durango Street ▪ Phoenix, AZ 85009
jessica.may@maricopa.gov
 
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