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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0204 Federal Patent Easement Abandonment
1st Meeting Date:
12/7/2022
2nd Meeting Date:
2/8/2023
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 26XXX N 9th Avenue, Phoenix, Arizona
85085 and being identified as Assessor Parcel Number 210-12-007E.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon the
portion of the easement described in Patent 1145723, lying in the Northeast
quarter of Section 6 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa
County, Arizona being described as follows:
The North 33 feet except the West 25 feet, together with the East 8 feet of the
West 33 feet and together with the North 25 feet of the South 33 feet all within
the parcel described in the Warranty Deed as recorded in document 2022-
0269718 and shown as Lot 4 on the map for a Minor Land Division in Book 1435
Page 8, both recorded in the Maricopa County Recorder’s Office.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d. An Initial Determination was circulated for
review in April of 2022, and results sent to the applicant in May of 2022. The
Application was circulated in review in August of 2022. The following responses
were received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, and Flood Control District.
Utilities – No Objection: APS and CenturyLink.
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.
Attachments:
Application / Proof of Ownership / Aerial Exhibit / Initial Determination Request
/ Legal Exhibit and Description