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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0208 Federal Patent Easement Abandonment
1st Meeting Date:
February 8, 2023
2nd Meeting Date:
April 12, 2023
Supervisor District:
3
Applicant:
Department of Transportation
Request:
Approve the abandonment of that portion of the Patent Easement #1184817 as
proposed by the owner of the property located at 218 East Yearling Road,
Phoenix, Arizona 85085 and being identified as Assessor Parcel Number 210-14-
044B.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon that
portion of the easement described in Patent 1184817, lying in the Northeast
quarter of Section 05 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa
County, Arizona being described as follows:
The East 33 feet of the SE4 SE4 SW4 NE4 of said Section 05. EXCEPT the South
33 feet thereof.
Presented by: Jesse Gutierrez, P.E.,
Interim Director of Transportation
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 May of 2022, and results sent to the applicant in June of 2022. The
Application was circulated in review in December of 2022. MCDOT has received
no objections.
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