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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