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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case #/Title: PAB-0131 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 29103 North 61st Street, Cave Creek, Arizona 85331 and being identified as Assessor Parcel Number 211-44-088B. Department Recommendation: Having received objection to the full abandonment MCDOT recommends the following: Abandon that portion of the easement described in Patent 1204496, lying in the East 8 feet of the West 33 feet of the South 160 feet of the NW4 SE4 SW4 NE4 of Section 28 – T5N, R4E, of the Gila and Salt River Meridian, Maricopa County, Arizona. 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 on March 30, 2020. The Application was circulated in review in July 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 but would have no objection to the abandonment of the east 8 feet of the western 33 foot Patent Easement. Utilities – No Objection: Cox Communications, Arizona Public Service, and CenturyLink. Agency – No Objection: Arizona State Land Department. Agency – Objection: The City of Phoenix Street Transportation Department objects to the abandonment as requested but would have no objection to the abandonment of the east 8 feet of the western 33 foot Patent Easement. The applicant has been informed of these objections and concurs with the MCDOT recommendation to the Board of Supervisors indicated above. 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