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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0102 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 located at 6747 East Montgomery Road, Cave Creek,
AZ 85331 and being identified as Assessor Parcel Number 216-67-043B.
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 abandonment as requested. MCDOT will support the
following: Abandon the West 3 feet of the East 33 foot Patent Easement except
the North 33 feet thereof.
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 abandonment as follows: The West 3 feet of the East 33
feet of the East 181.5 feet EXCEPT the North 33 feet thereof all within the NE4
NE4 NE4 SW4 of said Section 22.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Attachments:
Application / Proof of ownership / Aerial Exhibit / Initial Determination Request
Letter to requestor / Legal Description / Legal Exhibit