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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0173 Federal Patent Easement Abandonment
Meeting Date:
January 12, 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 31006 North 67th Street, Cave Creek,
Arizona 85331 and being identified as Assessor Parcel Number 216-67-200B.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the North 3 feet of the East 172.08 feet of the South 33
feet, except the East 33 feet and the West 8 feet of the East 33 feet, except the
North 150 feet and the South 30 feet of the SE4 SW4 NE4 NW4 of said Section
22.
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 June 2021, and results sent to the applicant in June 2021. The
Application was circulated in review in October 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, Cox, and CenturyLink.
Agency – No Objection: City of Scottsdale, and 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