Extracted text (via pymupdf)
2557 characters
Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0211 Federal Patent Easement Abandonment
1st Meeting Date:
January 25, 2023
2nd Meeting Date:
March 29, 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 in the general vicinity of Happy Valley
Parkway and 115th Avenue and being identified as Assessor Parcel Number 201-
21-049C.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon the
East 33 feet, the West 33 feet, and the South 33 feet of Patent #1200891;
And the East 33 feet, the West 33 and the South 33 feet of Patent #1200892;
And the East 33 feet, the West 33 feet and the South 33 feet of Patent
#1205945, EXCEPT any portion lying outside the parcel as shown in the Survey
Map recorded in Book 1698 Page 37 in the Maricopa County Recorder’s Office;
And the North 33 feet, the East 33 feet and the West 33 feet of Patent
#1205946;
And the East 33 feet, the West 33 feet, and the South 33 feet of Patent
#1201753, EXCEPT any portion lying outside the parcel as shown in the Survey
Map recorded in Book 1698 Page 37 in the Maricopa County Recorder’s Office;
And the East 33 feet, the West 33 feet, and the North 33 feet of Patent
#1205754.
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 of 2022, and results sent to the applicant in June of 2022. The
Application was circulated in review in October of 2022. MCDOT has received
no objections.
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