Discussion and possible action to adopt RES. 2025-87 to abandon City interest in a portion of a Federal Patent Easement as recorded in Maricopa County Recorder Docket 3119 Page 498, located along the west side of 92nd Avenue south of Saddlehorn Road.

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 property is subject to the Federal Patent Easement and the property owner has requested the abandonment to allow for greater development potential of their property.

•  Metzger – APN 201-06-070B

Staff reviewed the request and have determined that the Easement that the property owner has requested to be abandoned is no longer necessary for roadway and utility purposes.  Letters from the existing utility companies giving their consent to the abandonment have also been received by staff.

Staff recommends City Council approve the adoption of the attached Resolution authorizing the abandonment of City interest in a portion of Federal Patent Easement for Roadway and Public Utilities as recorded in Docket 3119 Page 498 located along the west side of 92^nd Avenue south of Saddlehorn Road.