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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0121 Federal Patent Easement Abandonment
Meeting Date:
May 6, 2020
Supervisor District:
4
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 on the southeast
corner of Camino De Oro and 102nd Avenue and being identified as Assessor
Parcel Number 201-08-060A.
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 objects to the full abandonment as requested but would support
abandonment of the west 33 feet, except the north 33 feet, of the western
Patent Easement. This will maintain Camino De Oro access along the northern
parcel boundary.
The City of Peoria objects to the full abandonment as requested but would
support abandonment of the west 33 feet, except the north 33 feet, of the
western Patent Easement. This will maintain Camino De Oro access along the
northern parcel boundary.
The applicant has been notified of these objections.
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 West 33 feet of the North 273.10 feet of the N2 SE4
SW4 SE4 of said Section 8, EXCEPT 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