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  Agenda Item No. H.1.d.       
Meeting Date: 06/15/2020  
Item Requested By: Steve Boyle
Staff Contact: Steve Boyle
Contact Phone Number: 9286680512  
Type of Agenda Item: Consent, Includes Resolution, New Business
STRATEGIC PLAN
This project addresses the below Priority Area(s) and relates to the listed Specific Initiative(s):
Not Applicable

AGENDA ITEM:
Consider Resolution 2269 for the Abandonment for the Southern and Eastern Portion of a Federal Tract Patent Easement on Maricopa County Parcel Number 505-42-038 Located at 1525 Manrad Drive - Steve Boyle, Community Development Director
BACKGROUND INFORMATION:
The property owner at 1525 Manrad Drive has submitted a request to abandon the 33' Federal Tract Patent Easement on their property with exception to the southern property line easement.  There is a need to retain a portion of a public utility easement for an easement but only for 10' in size. 

The property is located at the end of a private road and there are no plans to extend the road beyond where it currently is located. All the adjacent properties have their own access points so no future driveway points will be required. 

The federal government deferred the rights to the states to abandon these easements and the state created a statute that allowed cities and towns to abandon these easements if basic steps are followed. The Town has followed the proper steps. Below is the law from the Arizona State Statute:

9-500.24. Federal patent easements; city and town abandonment

A city or town, by its own motion or at the request of a property owner, may abandon a federal patent easement established by the small tract act of 1938 that the city or town determines, after notifying and obtaining the consent of all affected utilities, is not being used by the public or is no longer necessary in the same manner as other easements are abandoned.

SUGGESTED MOTION:
I move to approve Resolution No. 2269 abandoning the Federal Tract Patent Easement with exception to the southern portion on Maricopa County Parcel Number 505-42-038 Located at 1525 Manrad Drive.
Attachments
Resolution 2269
New Easement
Letter

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Form Review
Form Started By: Steve Boyle Started On: 06/02/2020 11:35 AM
Final Approval Date: 06/08/2020

    

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