A dedication of right-of-way is a donation of land by a Maricopa County property owner to Maricopa County. The Department of Transportation (MCDOT) is authorized to approve and process a right-of-way dedication in three circumstances:
- When the County Board of Supervisors requires the property owner to dedicate the right-of-way as a condition of zoning approval. (Maricopa County Zoning Ordinance Section 11 04)
- When it is a requirement of a MCDOT Development Services permit or a plan review in which a MCDOT roadway is affected by a proposed change to the transportation infrastructure facility
- When a property owner voluntarily and unsolicited by the County makes a request to dedicate right-of-way that supports the Maricopa County Transportation System Plan (TSP) Primary or Secondary Roadway System.
How does the process work?
The Maricopa County Real Estate Division (MCRED) is the Administrator of right-of-way dedications on behalf of MCDOT. MCRED will process the applications for dedications; however, the applicant is required to provide appropriate title research and undertake actions to close escrow. If a property owner makes a dedication request not related to the circumstances listed above, the owner will be encouraged to work with his/her own real estate professional to determine an alternate solution.
Right of Way Dedication Process
- Fill out the Right-of-Way Dedication application and Environmental checklist (PDF) explaining the physical characteristics within the proposed dedicated area. The property owner must sign the forms in the presence of a Notary.
- Submit forms to:
MCRED Right of Way Dedication Coordinator
Attn: Pat Mertz
2801 W Durango Street
Phoenix, Arizona 85009
- Upon approval of the application, the applicant will be required to supply the County with a commitment of title insurance report to verify ownership and determine the probability of satisfying all closing requirements. The applicant is responsible for all title fees, closing costs and escrow fees associated with the dedication. The report must name Maricopa County as the proposed insured.
- The title Report will list requirements necessary to close escrow and obtain clear title. It will indicate conditions of the title that could hinder a successful and timely dedication. The applicant will be provided a list of requirements for the title company to adhere to upon acceptance of the application.
- The applicant shall provide, at no cost to the County, a legal description and exhibit of the right-of-way being dedicated. This legal description and exhibit must be sealed by a Registered Land Surveyor and acceptable to County Standards. The County reserves the right to create a legal description/exhibit for the right-of-way dedication.
- Maricopa County will provide a conveyance package to the applicant via USPS, courier or electronic mail with specific instructions on how to complete the conveyance documents.
- The Dedication Coordinator or the assigned agent will review the signed and notarized conveyance documents, and forward all documents to the Maricopa County Board of Supervisors for review/approval.
- After approval by the Board of Supervisors, the conveyance documents will be returned to the Dedication Coordinator for submittal to the title company.
- The title company will collect the necessary closing requirements from the property owner and record the conveyance documents. The original/recorded documents will be returned to MCDOT.
- The Dedication Coordinator or the assigned agent will mail a copy of the recorded documents to the property owner.
For further information, contact Pat Mertz.