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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0138 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 an unassigned address south of 48010
North 41st Avenue, New River, Arizona 85087 and being identified as Assessor
Parcel Number 202-12-054B.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the East 25 feet of the West 50 feet, EXCEPT North 25 feet
and South 25 feet thereof; and the South 25 feet of the North 50 feet, EXCEPT
the West 50 feet thereof; and the North 25 feet of the South 50 feet, EXCEPT
the West 50 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 May 2020, and results sent to the applicant in June 2020. 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: City of Phoenix Water Services Department, Arizona
Public Service, and Southwest Gas.
Agency – No Objection: Arizona State Land Department, and 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