PAB-0255 REPORT TO BOS-REV1.DOCX
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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case Number/Title: PAB-0255 Federal Patent Easement Abandonment 1st Meeting Date: January 29, 2025 2nd Meeting Date: April 9, 2025 Supervisor District: 3 Applicant: Department of Transportation Request: Approve the abandonment of that portion of the Patent Easement 1150285 as proposed by the owner of the properties located in the general vicinity of Yearling Road and 19th Avenue and being identified as Assessor Parcel Numbers 210-10-024A, 210-10-024B, and 210-10-024C. Department Recommendation: Having received no objection, MCDOT recommends the following: Abandon that portion of the easement described in Patent 1150285, lying in the Southwest quarter of Section 6 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa County, Arizona being described as follows: The East 33 feet together with the South 33 feet of GLO Lot 32 of said Section 6. EXCEPT the North 33 feet thereof; ALSO EXCEPT the West 70 feet thereof. Presented by: Jesse Gutierrez, P.E, Director of Transportation Support/Opposition: Request for comment has been circulated to all affected parties pursuant to County Ordinance P-34, Section 2d. An Initial Determination was circulated for review in October 2023, and results sent to the applicant in November 2023. The Application was circulated in review in October 2024. MCDOT has received no objections. 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 Page 2 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. Attachments: Application / Proof of Ownership / Aerial Exhibit / Initial Determination Request / Legal Exhibit and Description