Party Chief

Thanks for your responses…you all are awesome!

 

  • Extension? Otherwise your ROW distance will be off?

 

  • Perpendicular, just as in the case of an abandonment.

 

  • It depends.  If the subject property is a lot in a subdivision and the adjoiner to the right is another lot in the same subdivision, at that common corner, it will be perpendicular. Otherwise, depending on the chain of title, it may be the extension. Unless something odd is going on, out at the ADOT right of way, that will be on the extension.

 

  • My opinion is, “it depends”.

 

How was the subject property originally created? (M&B legal; fractional breakdown; final plat; etc.). The dedication or “re-dedication” of right-of-way should be consistent with lines of ownership, and how the property was originally created. Another way of looking at it is; how would the street be conveyed to the adjoining owners if the street was abandoned (more than likely, along the previous ownership lines).

 

For the example sketch, I presume the existing ADOT R/W line continues to the south across the east/west road, and therefore the newly dedicated R/W should align with the existing ADOT R/W. The east side of the subject property would depend if the subject property and the property to the east of the subject property were created simultaneously by the same final plat. If so, it’s probably perpendicular. If not, then follow the original ownership lines.

 

  • On the west side I would extend the line along the ADOT R/W.  On the east side I would go perpendicular to the centerline.

 

  • As usual, it depends on what you are looking for. My thoughts, if you are removing the area from the lot then it would be the extension. If you are calculating the area of the ROW along the frontage, then it would be perpendicular.

 

  • Here are some guidelines for this subjective scenario.

 

  1. Check with the local planning & transportation authorities for local standards.
  2. Local transportation agencies may prefer a configuration that lends itself to squaring up infrastructure (i.e. perpendicular to centerline for construction simplicity).
  3. An owner can’t convey what they don’t own therefore existing sidelines may dictate the lateral extents of any dedication from the centerline to the new rights-of-way.
  4. ARS 28-7205 provides some geometric guidance when roadways are abandoned.
  5. The connection with the ADOT r/w in the example sketch shuns the question of “perpendicular or extended” but rather begs to be parallel with ADOT Centerline.

 

Regardless of the chosen method make sure that is clearly retraceable from your survey and done under the authority of the owners and governing body. Understand and apply the power of adjoining calls over precise math. Referring to Wattles and other resources may provide retraceable clarity to our successors.

 

  • Need more info: Is an owner dedicating ROW or is an existing ROW being abandoned?

 

If an owner is dedicating ROW they can only dedicate a portion of what they own.

 

If ROW is being abandoned you need to know when and how it was originally acquired.

 

Generally, subdivision streets are abandon just like it is shown in the sketch.

 

Review ARS tile 28 see §28-7208

 

Stay safe and healthy everyone!

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