PAB-0130 REPORT TO BOS.DOCX

Maricopa County — Formal (2021-05-19)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0130 Federal Patent Easement Abandonment
Meeting Date: May 19, 2021
Supervisor District: 2
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 6644 East Lonesome Trail, Cave Creek,
Arizona 85331 and being identified as Assessor Parcel Number 216-50-065B.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the East 33 of the SE4 NW4 SE4 NW4 Except the East 13
feet and 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 March 2020, and results sent to the applicant in March 2020. The
Application was circulated in review in March 2021. The following responses
were received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, Parks and Recreation, and Flood Control District.
Utilities – No Objection: Arizona Public Service, CenturyLink, Cox, and City of
Scottsdale Water Resources Department.
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