PAB-0094 REPORT TO BOS.DOCX

Maricopa County — Formal (2019-09-18)

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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