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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case #/Title: PAB-0055 Federal Patent Easement Abandonment Meeting Date: April 25, 2018 to set the hearing date. Supervisor District Effected: 4 Applicant: Department of Transportation Request: Full abandonment of the Patent easement as is requested by the owner of the property located at 10307 West Mariposa Grande, Peoria, AZ 85383 and being identified as Assessor Parcel No. 201-08-029B. 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 patent easement (east 33 feet), but would support a partial abandonment of the west 8 feet of the east 33 feet. 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-055, MCDOT had no objection to the abandonment due to the presence of a 40 foot roadway easement on the east side. Since then, the applicant has submitted to abandon that 40 foot roadway easement (AB-314). Because of this MCDOT now objects to the abandonment of the east 33 feet of the patent easement. MCDOT only supports abandonment of the south 8 feet of the north 33 feet except the east 25 feet and the abandonment of the west 8 feet of the east 33 feet except the north 25 feet of the patent easement. This would support a local roadway on both 103rd Avenue and Mariposa Grande Road. See attached for full report of objection. Presented by: Jennifer Toth, P.E., Director of Transportation/County Engineer Attachments: Additional explanation / Application / Proof of ownership / Aerial Exhibit / Patent Easement Initial Determination request / Letter to requestor