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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0190 Federal Patent Easement Abandonment
Meeting Date:
June 22, 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 826 North 111th Place, Mesa, Arizona
85207 and being identified as Assessor Parcel Number 220-07-031A.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the West 33 feet of the W2 W2 S2 SE4 SE4 NW4 of said
Section 13. EXCEPT the North 8 feet and South 40 feet thereof..
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 November 2021, and results sent to the applicant in December 2021.
The Application was circulated in review in April 2022. The following responses
were received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, and Flood Control District.
Utilities – No Objection: Cox, CenturyLink, and Salt River Project.
Agency – No Objection: City of Mesa, and City of Apache Junction.
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