6.C PAB-0108 APPLICATION DETERMINATION REVIEW CONCLUSION 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
April 7, 2020
Vasile Tupita
25113 North 11th Avenue
Phoenix, Arizona 85085
Subject: PAB-0108 Application Review Results Letter
Dear Applicant,
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 210-09-026E, tracking number PAB-0108.
MCDOT has received the following responses:
MCDOT: MCDOT would support the following: Abandon East and North 33-feet,
except for West 33-feet of Patent No. 1148894; and abandon South 20-feet of the
South 33-feet, except for the West 33-feet of Patent No. 1149633.
County Departments: No objection.
Utilities: No objection.
Please be advised that as of the date of this letter, MCDOT has not received a response
from the following: Arizona State Land Department.
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-0108 Federal Patent Easement Abandonment
Meeting Date:
May 6, 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 25113 North 11th Avenue, Phoenix,
Arizona 85085 and being identified as Assessor Parcel Number 210-09-026E.
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d. Objections were received by the following:
MCDOT objects to the full abandonment as requested but would support the
following: abandon the east 33 feet and the north 33 feet, except for the west
33 feet, of Patent Number 1148894; and abandon the south 20 feet of the south
33 feet, except for the west 33 feet, of Patent Number 1149633.
The applicant concurs with the abandonment as recommended by MCDOT.
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 objection to the full abandonment MCDOT recommends the
following: Abandon the South 20 feet of the W2 NW4 SE4 SE4 of said Section 6,
EXCEPT the West 33 feet thereof; and abandon the North 33 feet and East 33 of
the North 125 feet of the W2 SW4 SE4 SE4 of said Section 6, EXCEPT the West
33 feet of said North 33 feet thereof.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments:
Application / Proof of Ownership / Aerial Exhibit / Comments Received / Initial
Determination Request / Letter to Requestor / Legal Exhibit and Description