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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0183 Federal Patent Easement Abandonment
Meeting Date:
February 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 1005 West
Remuda Drive, Phoenix, Arizona 85085 and being identified as Assessor Parcel
Number 210-12-003D.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the North 33 feet, except the West 25 feet thereof, the
South 33 feet, except the West 25 feet thereof and the East 8 feet of the West
33 feet of the West 155 feet of the North half of the Southwest quarter of the
Southeast quarter of the Northeast quarter of said Section 6, Township 4 North,
Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona.
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 September 2021, and results sent to the applicant in October 2021.
The Application was circulated in review in December 2021. 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, CenturyLink, and City of Phoenix
Water Services Department.
Agency – No Objection: City of Phoenix Street Transportation Department.
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