PAB-0129 REPORT TO BOS - REVISED.DOCX

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 from the reviewing 
parties, and one resident objection 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. 
MCDOT received one resident objection letter on this item from Scott Halver 
dated October 30, 2020. This letter, and MCDOT’s response, has been added as 
an attachment to the Report to the Board of Supervisors. 
Mr. Halver raised objection to the abandonment of the southern 3 feet of the 
Northern 33-foot Patent Easement along Montgomery Road, citing concerns 
regarding development to the parcel to the north of PAB-0129 and leaving only 
30 feet for a future roadway. As shown in the attached emails, MCDOT staff 
explained that when a roadway alignment falls on the border of properties, the 
requirement for preservation or dedication is a shared responsibility. Based on 
evaluation of the Montgomery Road alignment between 56th Street and 59th 
Street, MCDOT staff determined that a future roadway in this area would be a 
minor collector street cross section, requiring 60 total feet of right-of-way. In 
this location, abandonment of the south 3 feet of the Northern 33-foot Patent 
Easement would not negatively impact the preservation of the southern 30 feet 
required for a half-street. The northern 30 feet of the cross section will be 
preserved or dedicated through the building permit or site review process, as 
outlined in the Maricopa County Zoning Ordinance.  
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