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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0191 Federal Patent Easement Abandonment
Meeting Date:
March 23, 2022
Supervisor District:
3
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 west of 46412
North 37th Avenue, New River, Arizona 85087 and being identified as Assessor
Parcel Number 202-13-056D.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the North 33 feet of the West 390 feet of Lot 64, Township
2 North, Range 7 East of the Gila and Salt River Meridian, Maricopa County,
Arizona. EXCEPT that portion South of a line from the Northwest Corner of said
Lot 64 to a point 220 feet North and 390 feet West of the Southeast Corner of
said Lot 64.
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 December 2021, and results sent to the applicant in December 2021.
The Application was circulated in review in January 2022. The following
responses were received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, and Flood Control District.
Utilities – No Objection: Arizona Public Service, and CenturyLink.
Agency – No Objection: 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