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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0169 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 owner of the property located at an unassigned address west of 1022 West
Park View Lane, Phoenix, Arizona 85085 and being identified as Assessor Parcel
Number 210-08-011.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the N33 feet, Except the E25 feet thereof, and the W33 feet
Except the N33 feet and the S33 feet thereof, and the W8 feet of the E33 feet
Except the N33 feet and the S33 feet thereof.
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 March 2021, and results sent to the applicant in April 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, Cox, CenturyLink, and El Paso
Natural Gas.
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