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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0108 Federal Patent Easement Abandonment
Meeting Date:
May 6, 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 25113 North 11th Avenue, Phoenix,
Arizona 85085 and being identified as Assessor Parcel Number 210-09-026E.
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 the
following: abandon the east 33 feet and the north 33 feet, except for the west
33 feet, of Patent Number 1148894; and abandon the south 20 feet of the south
33 feet, except for the west 33 feet, of Patent Number 1149633.
The applicant concurs with the abandonment as recommended by MCDOT.
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 South 20 feet of the W2 NW4 SE4 SE4 of said Section 6,
EXCEPT the West 33 feet thereof; and abandon the North 33 feet and East 33 of
the North 125 feet of the W2 SW4 SE4 SE4 of said Section 6, EXCEPT the West
33 feet of said North 33 feet thereof.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments:
Application / Proof of Ownership / Aerial Exhibit / Comments Received / Initial
Determination Request / Letter to Requestor / Legal Exhibit and Description