Extracted text (via pymupdf)
2509 characters
Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0123 Federal Patent Easement Abandonment
Meeting Date:
October 7, 2020
Supervisor District:
3
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 48134, 48126, 48118, and an unassigned
address on North Coyote Pass Road, Cave Creek, Arizona 85087 and being
identified as Assessor Parcel Numbers 202-11-035A, 202-11-035B, 202-11-035C,
and 202-11-035D.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the South 8 feet of the North 33 feet, EXCEPT the East 30
feet thereof; and the West 33 feet EXCEPT the North 33 feet and the South 33
feet thereof; and the West 3 feet of the East 33 feet, EXCEPT North 33 feet and
South 33 feet thereof; and the South 33 feet, EXCEPT the East 30 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 November 2019, and results sent to the applicant in December 2019.
The Application was circulated in review in July 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, Southwest Gas, CenturyLink,
and Arizona State Land Department.
Agency – No Objection: City of Phoenix Street Transportation Department,
Arizona State Land 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