PAB-0075 REPORT TO BOS.DOCX

Maricopa County — Formal (2018-10-10)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0075 Federal Patent Easement Abandonment
Meeting Date: October 10, 2018 to set the hearing date.
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 26223 North 17th Drive, Phoenix 85085
and being identified as Assessor Parcel No. 210-11-015F.
Support/Opposition: Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d.
MCDOT opposes to the full abandonment of the north patent easement (north
33 feet). The property will need to retain the north 10 feet of the east 20 feet of
the north 33 foot patent easement. MCDOT has no objection to the
abandonment of the additional patent easements.
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:
During the Initial Determination of PAB-0075, MCDOT had no objection to the
abandonment. Since then, MCDOT has determined that the property will need
to retain some of the easement for emergency services as well as for access for
the adjoining parcel.
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