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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0214 Federal Patent Easement Abandonment
1st Meeting Date:
11/16/2022
2nd Meeting Date:
1/25/2023
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 near Hatfield Road and 114th Avenue, Sun
City, Arizona 85373 and being identified as Assessor Parcel Number 201-22-028E.
Department Recommendation:
Having received no objection to the full abandonment MCDOT recommends the
following: Abandon the North 33 feet of the East 265 feet and the East 33’ of
the North half of said General Land Office (GLO) Lot 9 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 July 2022, and results sent to the applicant in August 2022. The
Application was circulated in review in August 2022. The following responses
were received:
County Departments – No Objection: Transportation, Planning and
Development, Real Estate, and Flood Control District.
Utilities – No Objection: APS and EPCOR
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