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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0221 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 #1178239 as
proposed by the owner of the property located in the general vicinity of Briles
Road and 2nd Street and being identified as Assessor Parcel Number 210-14-004E.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon that
portion of the easement described in Patent 1178239, lying in Lot 11 of Section
05 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa County, Arizona
being described as follows:
The West 17 feet of the East 33 feet of the south 150.02 feet of Lot 11 as
described in the Warranty Deed recorded as 2016-0648108 in the Maricopa
County Recorder’s Office.
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 September 2022, and results sent to the applicant in October 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