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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. These agencies would support the
following: abandon the East 33 foot Patent Easement, except the South 33 feet,
on APN 216-50-167B.
The applicant has been informed of these objections and concurs with the
MCDOT recommendation.
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 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