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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0205 Federal Patent Easement Abandonment
Meeting Date:
August 31, 2022
Supervisor District:
2
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 6741 E. Milton Dr, Cave Creek, Arizona
85331 and being identified as Assessor Parcel Number 216-67-044E.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the South 8 feet of the North 33 feet EXCEPT the West 33
feet and EXCEPT the East 10 feet and the West 23 feet of the East 33 feet
EXCEPT the North 33 feet.
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 222, and results sent to the applicant in May 2022. The
Application was circulated in review in June 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, CenturyLink, Cox
Agency – No Objection: City of Scottsdale, City of Phoenix.
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