PAB-0095 REPORT TO BOS JM.DOCX

Maricopa County — Formal (2019-10-09)

View PDF Item 75 Meeting page

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