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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0176 Federal Patent Easement Abandonment
Meeting Date:
January 12, 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 1648 West
Briles Road, Phoenix, Arizona 85085 and being identified as Assessor Parcel
Number 210-11-005J.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the East 23 feet of the West 33 feet of the following
described property: That part of lot G.L.O. Lot 19, lying within the Northwest
quarter of Section 6, Township 4 North, Range 3 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona, G.L.O. Lot 19 being shown on
Bureau of land management Supplemental Plat of Section 6, officially filed
December 28th, 1954, being more particularly described as follows: The South
526.00 feet of G.L.O. Lot 19 of said Section 6; EXCEPT the East half thereof; and
EXCEPT the South 262.00 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 July 2021, and results sent to the applicant in July 2021. The
Application was circulated in review in August 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, and Cox.
Agency – No Objection: Arizona State Land Department, 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