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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0110 Federal Patent Easement Abandonment
Meeting Date:
February 12, 2020
Supervisor District:
3
Applicant:
Department of Transportation
Request:
Approve the abandonment of that portion of the Patent Easement located at an
unassigned address west of 48007 North 41st Avenue and being identified as
Assessor Parcel Number 202-12-056D.
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:
Arizona Public Service (APS) objects to the full abandonment and provided the
following statement. “Arizona Public Service would have NO OBJECTION to the
abandonment of the West 25’ of the East 50’ and the North 24’ of the South 50’
of Patent Easement No. 1218730.”
Public Comment: One comment in opposition was received from the public,
objecting to full abandonment of the patent easement.
MCDOT has considered both objections in the development of a partial
abandonment as indicated in the Department 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:
MCDOT recommends the following: Abandon the West 25 feet of the East 50
feet, EXCEPT the South 26 feet thereof; and the North 24 feet of the South 50
feet, EXCEPT the West 263.76 feet and the East 50 feet thereof; all within the S2
NE4 NW4 SW4 of said Section 27.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments:
Application / Proof of ownership / Aerial Exhibit / Patent Easement
Initial Determination request / Letter to requestor