2025-01-23 - PC 1197 -PAB-0292-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-0292 Federal Patent Easement Abandonment 1st Meeting Date: February 12, 2025 2nd Meeting Date: April 23, 2025 Supervisor District: 2 Applicant: Department of Transportation Request: Approve the abandonment of that portion of the Patent Easement 1184028 as proposed by the owner of the property located at 841 North 111th Place, Mesa, Arizona 85207 and being identified as Assessor Parcel Number 220- 07-031C. Department Recommendation: Having received no objection, MCDOT recommends the following: Abandon that portion of the easement described in Patent 1184028, lying in the Northwest quarter of Section 13 – T1N, R7E, of the Gila and Salt River Meridian, Maricopa County, Arizona being described as follows: The North 33 feet of N2 E2 W2 SE4 SE4 NW4 of said Section 13. 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 2024, and results sent to the applicant in November 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 7, 2014, the Maricopa County Board of Supervisors (BOS) approved Ordinance No. P-34, adopting procedures for the abandonment of Federal Page 2 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