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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case #/Title: PAB-0146 Federal Patent Easement Abandonment Meeting Date: January 13, 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 6436 East Mark Lane, Cave Creek, Arizona 85331 and being identified as Assessor Parcel Number 216-68-059B. Department Recommendation: Having received no objection to the full abandonment MCDOT recommends the following: Abandon the West 20 feet of the East 33 feet of the SE4 NW4 SW4 SW4 of said Section 27. EXCEPT the South 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 August 2020, and results sent to the applicant in September 2020. The Application was circulated in review in October 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, City of Scottsdale Water Resources Department, and Cox. 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