PAB-0117 REPORT TO BOS.DOCX

Maricopa County — Formal (2020-08-19)

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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