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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0115 Federal Patent Easement Abandonment
Meeting Date:
January 22, 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 in the general vicinity of 1141 North 114th Place
and 1107 North 114th Place Mesa, AZ 85207 and being identified as Assessor
Parcel Numbers 220-08-010B-E.
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d. No objections were received.
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 no objection to the full abandonment MCDOT recommends
approval as follows: Abandon the East 33 feet, EXCEPT the North 55 feet
thereof; and The South 33 feet, EXCEPT the East 33 feet thereof; all within the
E2 NW4 NE4 NE4 of said Section 13.
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