PAB-0228 REPORT TO BOS - UPDATED FOR PUBLIC COMMENT.DOCX
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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case Number/Title: PAB-0228 Federal Patent Easement Abandonment 1st Meeting Date: July 26, 2023 2nd Meeting Date: September 27, 2023 Supervisor District: 4 Applicant: Department of Transportation Request: Approve the abandonment of that portion of the Patent Easement #1201751 as proposed by the owner of the property located at 26329 North 113th Avenue, Peoria, Arizona 85383 and being identified as Assessor Parcel Number 201-21-015C. Department Recommendation: Having received one objection from the reviewing parties, and one resident objection, MCDOT recommends the following: Abandon that portion of the easement described in Patent 1201751, lying in the Northwest quarter of Section 6 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County, Arizona being described as follows: The North 33 feet and the East 33 feet of the East 360.00 feet of the North one half of General Land Office (GLO) Lot 23 of said Section, all within Assessor’s Parcel Number 201-21-015C as described in Deed Instrument No. 2020-0445049 Maricopa County Records, except the East 12 feet thereof. Presented by: Jesse Guttierrez, P.E, Page 2 Director of Transportation 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 of 2022, and results sent to the applicant in December of 2022. The Application was circulated in review in May of 2023. The following responses were received: Agency – City of Peoria objects to the abandonment of the patent easement along the 112th Avenue alignment unless replaced with a 25’ right-of-way and 8’ Public Utility Easement to establish a local half street. Note: MCDOT has reviewed this objection and determined 112th Avenue is classified as a private drive only requiring 12’ of the Patent Easement to remain per the MCDOT Roadway Design Manual, Section 7.6.4. This will allow access to remain for parcels to the south. MCDOT has received one public objection on August 14, 2023. The abutting property owner raised concerns to the reduction of the Federal Patent Easement Number 1201751 to 12 feet along 112th Avenue, citing it will put a burden on the bordering 33 feet Federal Patent Easement Number 1199994 on 112th Avenue. Note: MCDOT has reviewed this public objection and determined the requested abandonment will not impact access or place an additional burden on abutting owners as 112th Avenue is classified as a private drive only requiring a minimum 12 feet of the Patent Easement to remain per the MCDOT Roadway Design Manual, Section 7.6.4. 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 Page 3 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