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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0206 Federal Patent Easement Abandonment
Meeting Date:
September 28, 2022
Supervisor District:
4
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 9828 W. Mariposa Grande, Peoria,
Arizona 85383 and being identified as Assessor Parcel Number 201-16-019C.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the East 33 feet EXCEPT the South 33 feet and South 33 feet
EXCEPT the East 55 feet all within APN 201-16-019C as described in the Maricopa County
Recorder Document No. 2020-0962578.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
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 April 2022, and results sent to the applicant in May 2022. The
Application was circulated in review in July 2022. The following responses were
received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, Parks and Recreation, and Flood Control District. No
objections were received.
Utilities – No Objection: APS, Cox, CenturyLink, Sunrise Water Company
Agency – No Objection: City of Peoria, Arizona State Land Trust
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.
Attachments:
Application / Proof of Ownership / Aerial Exhibit / Initial Determination Request
/ Legal Exhibit and Description