6.C UPDATED APPLICATION LETTER TO REQUESTOR PAB-0125.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
June 2, 2020
Judy Waggoner
1108 North 115th Place
Mesa, Arizona 85207
Subject: PAB-0125 Update to the Application Review Results Letter
Dear Ms. Waggoner,
The Application review period for potential abandonment of the Federal Patent
Easement on the property identified as Assessor Parcel Number 220-08-011E, tracking
number PAB-0125 concluded on April 24, 2020. MCDOT issued a review conclusion
letter on April 27, 2020.
The April 27, 2020 review conclusion letter noted that CenturyLink objected to the
abandonment. MCDOT has since received the following updated response from
CenturyLink:
Utilities: CenturyLink has re-reviewed the abandonment request and has determined
that it has no objection with respect to the areas proposed for abandonment. This
supersedes the response sent to MCDOT on April 24, 2020.
There are no changes to the other results described in the original letter.
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
Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0125 Federal Patent Easement Abandonment
Meeting Date:
June 24, 2020
Supervisor District:
2
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 1108 North 115th Place, Mesa, Arizona
85207 and being identified as Assessor Parcel Number 220-08-011E.
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 West 33 feet and; the South 33 feet, EXCEPT the West
33 feet thereof.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments:
Application / Proof of ownership / Aerial Exhibit / Comments Received on
Application / Initial Determination Request / Letter to Requestor / Legal Exhibit
and Description