6. PAB-0112 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 March 17, 2020 Glenn C True, Jr True Living Trust 26017 North 3rd Avenue Phoenix, Arizona 85085 Subject: PAB-0112 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 210-13-025A, tracking number PAB-0122. MCDOT has received the following responses: MCDOT: No objection. 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: Central Arizona Project, Bureau of Land Management, 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 directly 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‐0112 Federal Patent Easement Abandonment Meeting Date: April 8, 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 26017 North 3rd Avenue, Phoenix Arizona 85085 and being identified as Assessor Parcel Number 210‐13‐025A. 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 East 23 feet of the West 33 feet of the W2 SW4 NW4 SE4 NW4 of said Section 5; EXCEPT the South 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