PAB-0144 REPORT TO BOS - REVISED.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0144 Federal Patent Easement Abandonment
Meeting Date: February 24, 2021
Supervisor District: 3
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 an unassigned address west of 31st
Avenue and Twin Peaks Lane and being identified as Assessor Parcel Number 202-
11-031E.
Department Recommendation:
Having received no objection to the full abandonment from the reviewing
parties, MCDOT recommends the following: Abandon the North 33 feet and the
South 33’ of the West 105.10 feet of the East 505.3 feet of Lot 31 (also known as
the N2 SE4 SE4 SW4) of said Section 26.
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 August 2020, and results sent to the applicant in August 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: Arizona Public Service, CenturyLink, and Southwest
Gas.
Agency – No Objection: Arizona State Land Department.

MCDOT received several inquiries in response to the public noticing for this item
expressing concern regarding access to the parcels west of the recommended
abandonment. The plat recorded for this lot split shows a 20-foot ingress/egress
and public utility easement along the northern boundary of parcels 1 – 4 shown
on recorded document 2005-1502731. Abandonment of the Patent Easement as
recommended would not impact this 20-foot easement. Based on evaluation of
the planned roadway network in this vicinity, MCDOT staff determined that this
is sufficient to meet future needs.
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