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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0147 Federal Patent Easement Abandonment
Meeting Date:
December 9, 2020
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 an unassigned address on the northwest
corner of 68th Street and the Rancho Del Oro alignment and being identified as
Assessor Parcel Number 216-67-092B.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the South 33 feet of the S2 of the SE4 NE4 NE4 NW4 of said
Section 22. EXCEPT the South 13 feet and the East 33 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 August 2020, and results sent to the applicant in September 2020. The
Application was circulated in review in September 2020. The following
responses were received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, Parks and Recreation, and Flood Control District.
Utilities – No Objection: Arizona Public Service, City of Scottsdale Water
Resources Department, Cox Communications, 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