PAB-0126 REPORT TO BOS - REVISED 5-3-21.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0126 Federal Patent Easement Abandonment
Meeting Date: February 24, 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 5809 East Milton Drive, Cave Creek,
Arizona 85331 and being identified as Assessor Parcel Number 211-45-072B.
Department Recommendation:
Having received no objection to the full abandonment, and one resident
objection, MCDOT recommends the following: Abandon the West 33 feet and
the North 33 feet of the W2 NW4 SW4 NE4 SW4 of said Section 21. EXCEPT any
portion lying in the West 25’ and the North 25’ 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 September 2020. 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: City of Scottsdale Water Resources Department, Cox,
CenturyLink, Arizona Public Service, and City of Phoenix Water Services
Department.
Agency – No Objection: City of Phoenix Street Transportation Department.

MCDOT received one objection letter from Mr. Merle Hardy (APN 211-45-074B)
on May 1, 2021 expressing concern regarding the width of 58th Street.
MCDOT staff reviewed both current and future access in the vicinity of the
recommended abandonment. Current access along 58th Street in the vicinity of
PAB-0126 is via a one lane paved road. Future access along 58th Street will be
preserved as a local roadway, 50 total feet, split between the eastern and
western properties. This is in accordance with the MCDOT Roadway Design
Manual.
Mr. Hardy also raised concern regarding development on the PAB-0126 parcel,
which would be addressed separate from the Patent Easement abandonment
process. Mr. Hardy was provided contact information to follow-up with Planning
and Development on this concern.
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