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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0107 Federal Patent Easement Abandonment
Meeting Date:
October 6, 2021
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 north of 25011
North 115th Avenue, Sun City, Arizona 85373 and being identified as Assessor
Parcel Number 201-21-054D.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon that portion of the easement described in Patent 1205949,
lying in G.L.O. 53 of the Southwest quarter of Section 6 – T4N, R1E, of the Gila
and Salt River Meridian, Maricopa County, Arizona being described as follows:
East 33 feet and the North 33 feet lying East of 115th Avenue; and That portion
of the easement described in Patent 1200886, lying in G.L.O. 50 of the
Southwest quarter of Section 6 – T4N, R1E, of the Gila and Salt River Meridian,
Maricopa County, Arizona being described as follows: The East 33 feet and the
South 33 feet lying East of 115th Avenue; and That portion of the easement
described in Patent 1205940, lying in G.L.O. 49 of the Southwest quarter of
Section 6 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County,
Arizona being described as follows: The East 33 feet of the South 61.43 feet.
Presented by: Jennifer Toth, P.E.,
Director of Transportation/County Engineer
Support/Opposition:
Request for comment has been circulated to all affected parties pursuant to
County Ordinance P-34, Section 2d. An Initial Determination was circulated for
review in June 2019, and results sent to the applicant in July 2019. The
Application was circulated for review in October 2020.
During the Application review period, an objection was received from
Southwest Gas. The Application process was put on hold to allow the applicant
time to resolve the objection. The Southwest Gas objection was resolved in
September 2021.
The following responses were received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, Parks and Recreation, and Flood Control District.
Utilities – No Objection: Arizona Public Service, CenturyLink, Cox, and
Southwest Gas.
Agency – No Objection: City of Peoria.
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.
Attachments:
Application / Proof of Ownership / Aerial Exhibit / Initial Determination Request
/ Legal Exhibit and Description