PAB-0020 BOS REPORT.DOCX

Maricopa County — Formal (2016-10-19)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0020 Federal Patent Easement Abandonment
Meeting Date: August 17, 2016
Supervisor District Effected: 5
Applicant: Department of Transportation
Request: Approve the abandonment of the North 28’ of the South 40’ and the West 28’
of the East 40’ of the Patent Easement as proposed by the owner of the
property located at 12716 South 190th Avenue Buckeye, Arizona 85326 and
being identified as Assessor Parcel No. 400-53-076C.
Support/Opposition: Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d.
MCDOT agrees to a partial abandonment of the North 28’ of the South 40’ and
the West 28’ of the East 40’ of the 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:
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 of
the North 28’ of the South portion and the West 28’ of the East portion of the
patent easement.
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