PAB-0114 REPORT TO BOS REVISED.DOCX

Report to the Board of Supervisors
        Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0114 Federal Patent Easement Abandonment
Meeting Date:
June 24, 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 6648 East Ranch Road, Cave Creek, 
Arizona 85331 and being identified as Assessor Parcel Number 216-50-167B.
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to 
County Ordinance P-34, Section 2d. Objections were received by the following: 
MCDOT, Arizona Public Service, the City of Scottsdale and CenturyLink object 
to the full abandonment as requested in April 2020. These agencies would 
support the following: abandon the East 33 foot Patent Easement, except the 
South 33 feet, on APN 216-50-167B. 
In July 2020, the applicant revised their request and asked to preserve the 
southern 166 feet of the eastern Patent Easement. The MCDOT 
recommendation to the Board of Supervisors has been modified to 
accommodate this request. 
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 objection to the full abandonment MCDOT recommends the 
following: Abandon the East 33 feet of the East 180 feet of the SE4 SW4 NE4 
SW4 of said Section 15, EXCEPT the South 166 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