PAB-0249 REPORT TO BOS - UPDATED.DOCX
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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case Number/Title: PAB-0249 Federal Patent Easement Abandonment 1st Meeting Date: July 24, 2024 2nd Meeting Date: October 23, 2024 Supervisor District: 5 Applicant: Department of Transportation Request: Approve the abandonment of that portion of the Patent Easement #1215549 as proposed by the owner of the property located at 19411 West Tano Street, Buckeye, Arizona 85326 and being identified as Assessor Parcel Number 400- 53-034B. Department Recommendation: Having received no objection, MCDOT recommends the following: Abandon that portion of the easement described in Patent 1215549, lying in the Northwest quarter of Section 21 – T1S, R2W, of the Gila and Salt River Meridian, Maricopa County, Arizona being described as follows: The West 15 feet of the East 40 feet EXCEPT the North 25 feet. Together with the South 15 feet of the North 40 feet EXCEPT the East 40 feet and ALSO EXCEPT the West 145 feet of the NE4SW4SW4NW4 of said Section 21. Presented by: Jesse Gutierrez, P.E, Director of Transportation 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 Page 2 for review in October 2023, and results sent to the applicant in November 2023. The Application was circulated in review in May 2024. MCDOT has received no objections. 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