6.B PAB-0121 APPLICATION DETERMINATION REVIEW CONCLUSION LETTER.PDF

Transportation Systems 
Management Division 
2901 W. Durango Street  
Phoenix, AZ  85009 
Phone: 602-506-8676 
Fax: 602-506-8758 
www.mcdot.maricopa.gov 
 
April 16, 2020 
 
Newmark Homes LLC 
7725 East Evans Road 
Scottsdale, Arizona 85260 
 
Subject: PAB-0121 Application Review Results Letter 
 
Dear Applicant, 
 
The Maricopa County Department of Transportation (MCDOT) has completed the 
Application review for potential abandonment of the Federal Patent Easement on the 
property identified as Assessor Parcel Number 201-08-060A, tracking number PAB-
0121. MCDOT has received the following responses: 
 
MCDOT: MCDOT objects to the abandonment as requested but would support the 
following: Abandon the west 33 foot Patent Easement, except the north 33 feet. 
 
County Departments: No objection. 
 
Utilities: No objection.  
 
Municipalities: The City of Peoria objects to the abandonment as requested but 
would support the following: Abandon the west 33 foot Patent Easement, except the 
north 33 feet. 
 
Please be advised that as of the date of this letter, MCDOT has not received a response 
from the following: CenturyLink. 
 
NOTE: Be advised, all reviewing entities reserve the right to change their original 
review position, which may affect the final recommendation to the Board of 
Supervisors to approve or deny the Application.  
 
The attached materials will be presented to the Board of Supervisors for approval at 
an upcoming meeting. For additional information on the Board of Supervisors 
process, please refer to the MCDOT website 
(https://www.maricopa.gov/775/Abandonment-of-Patent-Easements) or contact 
Jessica May as indicated below. 
 
Sincerely, 
 
 
 
 
Jessica May, Planner 
Maricopa County Department of Transportation 
 
 
 
Phone: 602-506-4178 
Email: Jessica.May@maricopa.gov 
 
Attachments: Board of Supervisors Report; Legal Exhibit

Attachments

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