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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0158 Federal Patent Easement Abandonment
Meeting Date:
September 1, 2021
Supervisor District:
3
Applicant:
Department of Transportation
Request:
Approve the abandonment of that portion of the Patent Easement as proposed
by the owners of the properties located at 805 and 715 West Quartz Rock Road,
806 West Prickly Pear Trail and an unassigned address east of 806 West Prickly
Pear Trail, Phoenix, Arizona 85085 and being identified as Assessor Parcel
Numbers 210-12-016C, 210-12-016D, 210-12-016E and 210-12-016F.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the North 33 feet, Except the East 33 feet, and also the
South 33 feet, Except the East 33 feet, and also the West 33’, all within the N2
SE4 SE4 NE4 of said Section 6..
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 December 2020, and results sent to the applicant in January 2021. The
Application was circulated in review in June 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 and CenturyLink.
Agency – No Objection: City of Phoenix and Arizona State Land Department.
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