PAB-0179 REPORT TO BOS.DOCX

Maricopa County — Formal (2022-07-27)

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Report to the Board of Supervisors
        Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0179 Federal Patent Easement Abandonment
Meeting Date:
May 18, 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 an unassigned address north of 11410 
West 100th Avenue, Sun City, Arizona 85373 and being identified as Assessor 
Parcel Number 201-22-022A.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the 
following: Abandon all or part of Patent Easements 1198939, 1198942, 
1198582, 1198583, and 1198584 on the parcel as described on Attachment 5.A.  
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 August 2021, and results sent to the applicant in September 2021. The 
Application was circulated in review in March 2022. The following responses 
were received: 
County Departments – No Objection: Transportation, Planning and 
Development, Real Estate, and Flood Control District. 
Utilities – No Objection: CenturyLink, and EPCOR.
Agency – No Objection: City of Peoria.
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