PAB-0079 REPORT TO BOS.DOCX

Maricopa County — Formal (2019-01-16)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0079 Federal Patent Easement Abandonment
Meeting Date: January 16, 2019 to set the hearing date.
Supervisor District Effected: 2
Applicant: Department of Transportation
Request: Approve the abandonment of that portion of the Patent Eeasement as proposed
by the owner of the property located at 6635 East Lonesome Trail, Cave Creek,
AZ and being identified as Assessor Parcel No. 216-50-049.
Support/Opposition: Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d.
No comments in opposition have been received.
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 no known opposition and having not received any written comments in
opposition from other County departments, other agencies, any utility or the
public, the Department of Transportation (MCDOT), in accordance with
Ordinance P-34, is recommending that the BOS approve the abandonment as
requested.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments: Application / Proof of Oownership / Aerial Exhibit / Patent Easement
Initial Determination Rrequest / Letter to Rrequestor