Discussion and possible action to adopt RES. 2023-125 and RES. 2023-126 to abandon City interest in portions of Federal Patent Easements in multiple locations within northern Peoria.

The United States Bureau of Land Management (BLM) owned large parcels of land within northern Peoria that were divided into smaller parcels; in an effort to ensure that these smaller parcels were not land locked, when the land was sold by BLM these parcels were subject to an easement for right of way and public utilities.  Per Arizona State Statute, municipalities have the authority to abandon these easements once it is determined that there is not a current or future need for them.

During the design review process, one of the items that staff will verify is whether the project meets minimum setbacks.  Since the federal patent easement includes right of way, if the easement exists on the property it may cause the proposed improvements to not meet setbacks and require abandonment or the property owner will need to alter their design so as not to conflict with the easement.

The following properties are subject to the Federal Patent Easement and the property owners have requested the abandonment to allow for greater development potential of their property.

-       Ellsworth Residence – 6937 W Calle Lejos

-       Weakland Residence/Clear Builders – East of SEC 92^nd Ave & El Cortez

Staff reviewed these requests and have determined that the portions of the Easements that the property owners have requested to be abandoned are no longer necessary for roadway and utility purposes.  Letters from the existing utility companies giving their consent to the abandonments have also been received by staff.

Staff recommends City Council approve the adoption of the attached Resolutions authorizing the abandonment of City interest in portions of the Federal Patent Easement for Roadway and Public Utilities in multiple locations within northern Peoria.

There is no fiscal impact to the City associated with these abandonment requests.