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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0212 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 1412 W Parsons Rd, Phoenix, Arizona
85085 and being identified as Assessor Parcel Number 210-09-014H.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon the
portion of the easement described in Patent 1149648, lying in the Northwest
quarter of the Southeast quarter of Section 6 – T4N, R3E, of the Gila and Salt
River Meridian, Maricopa County, Arizona being described as follows:
The East 33 feet of the South 293.77 feet of the West half of the Northwest
quarter of the Northwest quarter of the Southeast quarter of said Section 6.
EXCEPT the South 33 feet thereof.
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 July of 2022, and results sent to the applicant in July of 2022. The
Application was circulated in review in September 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
Agency – No Objection: City of Phoenix
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