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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0117 Federal Patent Easement Abandonment
Meeting Date:
August 19, 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 28413 North 65th Street, Cave Creek,
Arizona 85331 and being identified as Assessor Parcel Number 216-68-098E.
Department Recommendation:
Having received objection to the full abandonment MCDOT recommends the
following: Abandon the East 20 feet of the West 33 feet, EXCEPT the South 33
feet thereof; and the North 8 feet of the South 33 feet, EXCEPT the West 13 feet
thereof, all within the SW4 NE4 SW4 SW4 of said Section 27.
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 September 2019, and results sent to the applicant in October 2019.
The Application was circulated for review in June 2020. The following responses
were received:
County Departments – No Objection: Transportation, Flood Control District,
Planning and Development, Real Estate, and Parks and Recreation.
Utilities – No Objection: Arizona Public Service (APS), Cox, and CenturyLink.
Utilities – Objection: The City of Scottsdale Water Resources Division objects to
the abandonment as requested and provided the following response:
“The City of Scottsdale Water Resources Division objects to the full
abandonment and provided the following statement: the City of Scottsdale
Water Resources Division requires a minimum of 20-feet of water and sewer
line easement along North 65th Street center line and through G.L.O.P.E. Nos
1218825 & 1201798 for any future water or sewer line extensions.
Abandonment of the existing 33-foot patent easement entirely along the west
property line will allow encroachment within the water/sewer easement, which
is not permitted by the City of Scottsdale Water Resources Division. Therefore,
the City of Scottsdale Water Resources Division objects to the request of the
abandonment of the existing 33-foot patent easement along the west property
line. A partial abandonment request (up to a maximum of 20-feet) may be
considered by Water Resources. In reviewing the request for the abandonment
of the north 8-feet of the south 33-foot G.L.O.P.E. (Pat No. 1218825) on the
south side of APN 216-68-098E, the City of Scottsdale’s Water Resource
Department has no objection with this request.”
The applicant has been informed of this objection and concurs with the MCDOT
recommendation as worded above.
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 / Legal Exhibit and Description