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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0128 Federal Patent Easement Abandonment
Meeting Date:
June 24, 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 46107 North 38th Lane, New River,
Arizona 85087 and being identified as Assessor Parcel Number 202-13-045C.
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d. No objections were received.
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.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the West 33 feet and the East 33 feet, EXCEPT the North 33
feet thereof; and the North 33 feet thereof.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments:
Application / Proof of ownership / Aerial Exhibit / Comments Received on
Application / Initial Determination Request / Letter to Requestor / Legal Exhibit
and Description