PAB-0150 REPORT TO BOS - REVISED.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0150 Federal Patent Easement Abandonment
Meeting Date: January 27, 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 32822 North 67th Street, Cave Creek,
Arizona 85331 and being identified as Assessor Parcel Number 216-50-186A.
Department Recommendation:
Having received no objection to the full abandonment from the reviewing
parties and objections from two residents, MCDOT recommends the following:
Abandon the South 33 feet of the SE4 NW4 NE4 NW of said Section 15; Except
the South 10 feet and the East 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 October 2020, and results sent to the applicant in October 2020. The
Application was circulated in review in November 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 Phoenix Water Services Department, City of
Scottsdale Water Resources Department, Arizona Public Service, and
CenturyLink.
MCDOT received two resident objection letters on this item from Ms. Andrea
Nelson and Ms. Judith Pierce (APNs 216-50-150B and 216-50-151, respectively).

Both letters raised objection to the recommended abandonment due to
concerns regarding access to parcel APN 216-50-151A.
MCDOT has reviewed both current and future access to parcel 216-50-151A and
surrounding properties. Based on a previous Patent Easement abandonment,
existing development, and topography, MCDOT determined that the most likely
future access for parcel 216-50-151A would continue to be from 67th Street and
Maria Drive, which would function as a single-family residential driveway. Due
to natural physical barriers Maria Drive would not provide connectivity between
66th Street and 67th Street.
MCDOT recommends reserving a minimum of 20 feet for access to parcel 216-
50-151A, split between the northern and southern parcels along Maria Drive
from 67th Street. This is consistent with the MCDOT Roadway Design Manual
Chapter 7, Section 6.1, Single Family Residential.
The above analysis indicates that the MCDOT recommendation will not change
existing, or prevent future access to, parcel 216-50-151A. This analysis will be a
consideration in any future Patent Easement abandonment requests.
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