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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0129 Federal Patent Easement Abandonment
Meeting Date:
September 2, 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 30502 North 58th Street, Cave Creek,
Arizona 85331 and being identified as Assessor Parcel Numbers 211-45-066 and
211-45-067C.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following:
APN 211-45-066: Abandon the South 3 feet of the North 33 feet; EXCEPT the
West 26 feet, thereof and the East 7 feet of the West 33 feet; EXCEPT North 33
feet, thereof.
APN 211-45-067C: Abandon the South 3 feet of the North 33 feet; EXCEPT 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 March 2020, and results sent to the applicant in March 2020. The
Application was circulated in review in June 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, CenturyLink, City of Phoenix
Water Services Department, and City of Scottsdale Water Resources
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