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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case #/Title: PAB-0080 Federal Patent Easement Abandonment Meeting Date: November 28, 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 near 16th Avenue and Yearling Road and being identified as Assessor Parcel No. 210-10-025F. 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 and west patent easement (north and west 33 feet). The property will need to retain the north 25 feet of the north 33 foot patent easement and the west 25 feet of the west 33 foot patent easement. 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-0080, MCDOT had an objection to the abandonment. MCDOT has maintained their objection through the Application phase. MCDOT determined that the property will need to retain a portion of the easement for local access. 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