PAB-0029 REPORT TO BOS.DOCX

Maricopa County — Formal (2016-08-03)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title: PAB-0029 Federal Patent Easement Abandonment
Meeting Date: August 3, 2016
Supervisor District Effected: 5
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 the property south of 9006 S. Dysart Road and being
identified as Assessor Parcel No. 400-01-048.
Support/Opposition: Request for comment has been circulated to all affected parties pursuant to County
Ordinance P-34, Section 2d.
Objections were received in Initial Determination review phase.
Objections were resolved and there have been no objections received in the Application
review phase.
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:
Objections being resolved and receiving no other opposition or 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/ Replacement easements/ Utility Approval Letters
Initial Determination request / letter to requestor / Initial response checklist