PAB-0038 REPORT TO BOS.DOCX

Maricopa County — Formal (2016-12-07)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0038 Federal Patent Easement Abandonment
Meeting Date: October 5, 2016 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 an unassigned address
at West Parsons Road and North 16th Avenue (north of 1625 West
Parsons Road) and being identified as Assessor Parcel No. 210-10-021L.
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 ownership / Application response checklist
Aerial Exhibit / Patent Easement
Initial Determination request / letter to requestor / Initial response
checklist