6. APPLICATION DETERMINATION REVIEW REVISED LETTER.PDF
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Transportation Systems
Management Division
2901 W. Durango Street
Phoenix, AZ 85009
Phone: 602-506-8676
Fax: 602-506-8758
www.mcdot.maricopa.gov
March 23, 2020
Joseph Lazzara
573 North 3rd Avenue
Des Plaines, Illinois 60016
Subject: PAB-0093 Revised Application Review Results Letter
Dear Mr. Lazzara,
The Maricopa County Department of Transportation (MCDOT) has completed the
Application review for potential abandonment of the Federal Patent Easement on the
property identified as Assessor Parcel Numbers 202-12-046B, 202-12-064A, and 202-
12-064B, tracking number PAB-0093. MCDOT has received the following responses:
MCDOT: No objection.
County Departments: No objection.
Utilities: No objection.
NOTE: Be advised, all reviewing entities reserve the right to change their original
review position, which may affect the final recommendation to the Board of
Supervisors to approve or deny the Application.
The attached materials will be presented to the Board of Supervisors for approval at
an upcoming meeting. For additional information on the Board of Supervisors
process, please refer to the MCDOT website
(https://www.maricopa.gov/775/Abandonment-of-Patent-Easements) or contact me
as indicated below.
Sincerely,
Jessica May, Planner
Maricopa County Department of Transportation
Phone: 602-506-4178
Email: Jessica.May@maricopa.gov
Attachments: Board of Supervisors Report; Legal Exhibit
Attachments
Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0093 Federal Patent Easement Abandonment
Meeting Date:
April 22, 2020
Supervisor District:
3
Applicant:
Department of Transportation
Request:
Approve the abandonment of that portion of the Patent Easement as proposed
by the owner of the property located at 4030 West Twin Peaks Lane, Arizona
85087 and being identified as Assessor Parcel Numbers 202-12-046B, 202-12-
064A, and 202-12-064B.
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d. No objections were received.
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:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the South 50 feet and the East 50 feet of the SE4 NW4 SE4
SW4 of said Section 27, and; Abandon the North 50 feet and the South 50 feet
and the East 50 feet of the E2 SW4 SE4 SW4 of said Section 27, EXCEPT any area
lying East of the West right-of-way line of Interstate 17.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments:
Application / Proof of ownership / Aerial Exhibit / Initial Determination Request /
Letter to Requestor / Legal Exhibit and Description