2021-04-05 - PAB-0150 REPORT TO BOS - REVISED RECOMMENDATION UPDATE.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0150 Federal Patent Easement Abandonment
Meeting Date: April 7, 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:
MCDOT received no objection to the full abandonment from the reviewing
parties.
MCDOT received three comments from surrounding residents. One general
comment which was resolved and two objections which resulted in a
modification to MCDOT’s recommendation indicated in the Set Hearing request
and Public Notification. This modification is reflected in the following
recommendation.
MCDOT recommends the following: Abandon the South 33 feet of the SE4 NW4
NE4 NW of said Section 15; Except the South 15 feet and the East 33 feet
thereof.
The applicant has been informed of this change and concurs with the revised
MCDOT recommendation.
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 comment letters on this item from Ms. Andrea
Nelson and Ms. Judith Pierce (APNs 216-50-150B and 216-50-151, respectively).
A third letter was received on March 31 from Mr. James Hienton of Hienton
Curry Wakefield LaVoy, on behalf of Ms. Pierce. A fourth letter from Mr. Thomas
Clements and Ms. Pamela Clements was received on April 2 (APN 216-50-072).
All letters expressed concern to the MCDOT recommended abandonment
indicated in the Set Hearing request and Public Notification 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 as a private drive. Due to natural physical barriers Maria Drive
would not provide connectivity between 66th Street and 67th Street.
In response to resident concerns regarding access of large vehicles to parcel
216-50-151A, the initial recommendation has been revised to reserve a
minimum of 30 feet for access, split between the northern and southern parcels
along Maria Drive from 67th Street. This revised recommendation has been
reviewed with and is amenable to both Ms. Pierce and Mr. Hienton. The
applicant concurs with this assessment.
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.
The Clements letter also raised concern with debris affecting the functionality of
a culvert located between their parcel and the PAB-0150 parcel. Drainage issues
are addressed separate from the Patent Easement abandonment process The
Clements contact the Planning and Development Department regarding their
drainage concerns.

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