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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0203 Federal Patent Easement Abandonment
1st Meeting Date:
January 25, 2023
2nd Meeting Date:
March 29, 2023
Supervisor District:
2
Applicant:
Department of Transportation
Request:
Approve the abandonment of that portion of the Patent Easement #1204488 as
proposed by the owner of the property located at 6210 E Milton Drive, Cave
Creek, Arizona 85331 and being identified as Assessor Parcel Number 211-45-
188A.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon that
portion of the easement described in Patent 1204488, lying in the Southeast
quarter of Section 21 – T5N, R4E, of the Gila and Salt River Meridian, Maricopa
County, Arizona being described as follows: The East 20 feet of the West 33 feet
of the SW4 NW4 NE4 SE4 of said Section 21. EXCEPT the South 33 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 April of 2022, and results sent to the applicant in April 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