PAB-0091 REPORT TO BOS.DOCX

Maricopa County — Formal (2019-05-22)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB0091 Federal Patent Easement Abandonment
Meeting Date: May 22, 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 an unassigned address at the Northeast
corner of Yearling and 19th Avenue and being identified as Assessor Parcel
Numbers 210-11-003F and 210-11-003G. Note: The nearest addressed property
is 25839 North 19th Avenue Phoenix, AZ 85085.
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:
The City of Phoenix Transportation Department. Objection to full
abandonment. The objection is directed to the abandonment labeled APN 210-
11-003G on the south side of the property along Yearling Road.
MCDOT. Objection to full abandonment of the south patent easement along
APN 210-11-003G.
Note: Both the City of Phoenix and MCDOT will support a partial abandonment
as indicated under the Department Recommendation Section of this report. A
second legal description titled MCDOT Recommended has been provided.
Applicant was informed of both objections at the Initial Determination Phase
and upon submittal and review of the Application Phase. Applicant was made
aware that proceeding with an objection is an at risk process.
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: abandon the
north 8-feet of the south Patent Easement along APN 210-11-003G, retaining
the south 25 feet, and full abandonment of the north Patent Easement along
APN 210-11-003F.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments: Application / Proof of ownership / Application response checklist
Aerial Exhibit / Patent Easement
Initial Determination request / letter to requestor / Initial response checklist

Applicant Requested
LEGAL DESCRIPTION
PAB-0091
EXHIBIT “A”
Assessor Parcel No’s. 210-11-003G and 210-11-003F
That portion of the easement described in Patent 1150302, lying in G.L.O. Lot 29 within
the Northwest quarter of Section 6 – T4N, R3E, of the Gila and Salt River Meridian,
Maricopa County, Arizona being described as follows:
The South 33 feet of the property described in M.C.R. 2017-0899701, (APN. 210-11-
003G);
and
The North 33 feet of the property described in M.C.R. 2017-0899700, (APN. 210-11-
003G).

Applicant
Requested

MCDOT Recommended
LEGAL DESCRIPTION
PAB-0091
EXHIBIT “A”
Assessor Parcel No’s. 210-11-003G and 210-11-003F
That portion of the easement described in Patent 1150302, lying in G.L.O. Lot 29 within
the Northwest quarter of Section 6 – T4N, R3E, of the Gila and Salt River Meridian,
Maricopa County, Arizona being described as follows:
The North 8 feet of the South 33 feet of the property described in M.C.R. 2017-0899701,
(APN. 210-11-003G);
and
The North 33 feet of the property described in M.C.R. 2017-0899700, (APN. 210-11-
003F).

MCDOT
Recommended

City of Phoenix Decision