Extracted text (via pymupdf_layout)
3022 characters
Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case #/Title: PAB-0095 Federal Patent Easement Abandonment Meeting Date: October 9, 2019 Supervisor District Effected: 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 25657 N. 17th Ave. Phoenix, AZ 85085 and 1611 W. Yearling Rd. Phoenix, AZ 85085 and being identified as Assessor Parcel Numbers 210-10-011C and 210-10-011D Support/Opposition: Request for comment has been circulated to all affected parties pursuant to County Ordinance P-34, Section 2d. Objections were received by the following: APS objects to the full abandonment and provided the following statement. “We have reviewed this request to abandon the entire 33’ easement on the South side of the parcel 210-10-011C and the entire 33’ easement on the South and East parcel sides and 220’ on the North side of the parcel from the East property line going West on parcel 210-10-011D. We have looked at the Arizona Public Service GIS and it shows that there are Arizona Public Service utilities within the patent easements. Therefore Arizona Public Service WILL OBJECT to abandoning the patent easements. Arizona Public Service would have no objection to the abandonment of the South 33’ excepting the West 33’, the East 33’, and the North 33’ excepting the West 465’ of Patent Easement number 114652.” MCDOT objects to the abandonment as requested. MCDOT will support the following: Abandon the South 8-feet of the North 33-feet of the East 195-feet, thus preserving 25-feet for future access and public utility purposes. Abandon the East 33-feet except the North 25-feet. Abandon the South 33-feet except the West 33-feet. 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 MCDOT recommends denial of the full abandonment. However, MCDOT does recommend abandonment as follows: The South 8 feet of the North 33 feet of the East 195 feet, EXCEPT the East 33 feet thereof and; the South 33 feet, EXCEPT the West 33 feet thereof and; the East 33 feet, EXCEPT the South 33 feet and EXCEPT the North 25 feet thereof all within the N2 NW4 NE4 SW4 of said Section 6. 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