PAB-0134 REPORT TO BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0134 Federal Patent Easement Abandonment
Meeting Date: December 9, 2020
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 6114 East Peak View Road, Cave Creek,
Arizona 85331 and being identified as Assessor Parcel Number 211-44-041B.
Department Recommendation:
Having received objection to the full abandonment MCDOT recommends the
following: Abandon the West 33 feet of the SW4 SE4 SW4 NE4 of said Section
28. EXCEPT the West 25 feet and the South 40 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 April 2020, and results sent to the applicant in May 2020. The
Application was circulated in review in September 2020. The following
responses were received:
County Departments – No Objection: Planning and Development, Real Estate,
Parks and Recreation, and Flood Control District.
County Departments – Objection: Transportation objects to the abandonment
as requested and provided the following response: MCDOT Systems Planning
objects to the abandonment of the south 33 feet of the east 8 feet of the
Western 33 foot Patent Easement, which should be retained for Peak View
Road.
Utilities – No Objection: City of Phoenix Water Services Department and Cox.

Utilities – Objection: City of Scottsdale Water Resources Department, Arizona
Public Service, and CenturyLink object to the abandonment of the south 33 feet
of the east 8 feet of the Western 33 foot Patent Easement.
Agency – No Objection: Arizona State Land Department.
Agency – Objection: The City of Phoenix Street Transportation Department
objects to the abandonment as requested, particularly to the abandonment of
the south 40 feet of the east 8 feet of the Western 33 foot Patent Easement.
The MCDOT recommendation takes these objections into consideration. The
applicant has been made aware of these objections and concurs with the
recommendation to the Board of Supervisors.
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