PAB-0111 REPORT TO BOS.DOCX

Maricopa County — Formal (2020-03-11)

View PDF Item 7 Meeting page

Extracted text (via pymupdf) 1824 characters
Report to the Board of Supervisors
        Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0111 Federal Patent Easement Abandonment
Meeting Date:
December 11, 2019 to set the hearing date.
Supervisor District Effected:
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 29611 N. 56th Street, Cave Creek, AZ 
85331 and being identified as Assessor Parcel No. 211-44-072C. 
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to 
County Ordinance P-34, Section 2d.
No comments in opposition have been 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 no known opposition and having not received any written comments in 
opposition from other County departments, other agencies, any utility or the 
public, the Department of Transportation (MCDOT), in accordance with 
Ordinance P-34, is recommending that the BOS approve the abandonment as 
requested.
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