2025-01-23 - PC 1196 -PAB-0271-REPORT-TO-BOS.DOCX
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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case Number/Title: PAB-0271 Federal Patent Easement Abandonment 1st Meeting Date: February 12, 2025 2nd Meeting Date: April 23, 2025 Supervisor District: 3 Applicant: Department of Transportation Request: Approve the abandonment of that portion of the Patent Easement 1145719 as proposed by the owner of the property located at 25822 North 20th Avenue, Phoenix, Arizona 85085 and being identified as Assessor Parcel Number 210-10-015B. Department Recommendation: Having received no objection, MCDOT recommends the following: Abandon that portion of the easement described in Patent 1145719, 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 North 33 feet together with the East 33 feet of the E2 N2 E2 SE4 NE4 SW4 of said Section 6. EXCEPT any portion lying within the North 25 feet and the East 30 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 May 2024, and results sent to the applicant in May 2024. The Application was circulated in review in December 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