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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case #/Title: PAB-0094 Federal Patent Easement Abandonment Meeting Date: September 18, 2019 Supervisor District Effected: 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 29119 N. 61st St. Phoenix, AZ 85331 and being identified as Assessor Parcel No. 211-44-088A. Support/Opposition: Request for comment has been circulated to all affected parties pursuant to County Ordinance P-34, Section 2d. Objections were received from the following: Scottsdale Water. Objection to the full abandonment. The objection is directed to the abandonment labeled APN 211-44-088A on the North side of the property along Skinner Drive and the West side of the property along 62nd Street. MCDOT. MCDOT objects to the submitted request for abandonment of the Patent Easement. However, MCDOT will support the abandonment of the east 8 feet of the west 33 foot easement (retaining the west 25 feet) and the abandonment of the north 33 foot easement except the west 25 feet. Note: Both the Scottsdale Water and MCDOT will support a partial abandonment as indicated under the Department Recommendation Section of this report. 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. Department Recommendation: Having received objection to the full abandonment MCDOT recommends denial. However, MCDOT recommends partial abandonment as follows: The South 18 feet of the North 33 feet, EXCEPT the West 25 feet and; the East 8 feet of the West 33 feet, EXCEPT the North 15 feet. Presented by: Jennifer Toth, P.E., Director of Transportation/County Engineer Attachments: Application / Proof of ownership / Aerial Exhibit / Patent Easement Initial Determination request / Letter to requestor