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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0187 Federal Patent Easement Abandonment
Meeting Date:
July 27, 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 6540 East Ocupado Drive, Cave Creek,
Arizona 85331 and being identified as Assessor Parcel Number 216-50-021E.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the portion of the easement described in Patent 1186280,
lying in the Northwest quarter of Section 15 – T5N, R4E, of the Gila and Salt
River Meridian, Maricopa County, Arizona being described as follows:
The West 8 feet of the East 33 feet of the Southeast Quarter of the Southeast
Quarter of the Northwest Quarter of the Northwest Quarter of said 11Section
15, except the South 28 feet thereof; and together with
The North 5 feet of the South 33 feet of the East Half of said Southeast Quarter
of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of
Section 15, except the East 33 thereof; and together with
The North 5 feet of the South 33 feet of the East 33 feet of the West Half of said
Southeast Quarter of the Southeast Quarter of the Northwest Quarter of the
Northwest Quarter of Section 15,
Except the West 7.20 feet of the East 42.50 feet of the North 1.10 feet of the
South 29.10 feet of said Southeast Quarter of the Southeast Quarter of the
Northwest Quarter of the Northwest Quarter of Section 15. 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 October 2021, and results sent to the applicant in October 2021. The
Application was circulated in review in May 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: Phoenix Water, Arizona Public Service, and
CenturyLink.
Agency – No Objection: Phoenix Traffic, City of Scottsdale.
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