Surprises? Almost always! We’ll talk here about surprises associated with Maricopa County Dept. of Transportation Right of Way.
Properties that are along Section lines or Mid-Section lines may have additional setback requirements that are not shown anywhere and will not be mentioned in the Title Report.
The County Zoning Ordinance states the following:
ARTICLE 1105.1. ESTABLISHMENT: The following setback lines are hereby established:
Major Streets, Section Line Roads, State and Federal Highways:
75 feet from and on both sides of the centerline of all existing or proposed major streets, section line roads, State and Federal Highways, where service roads are required.
55 feet from and on both sides of the centerline of all existing or proposed major streets, section line roads, State and Federal Highways, where service roads are not required.
Collector Streets and Mid-Section Line Roads: 40 feet from and on both sides of the centerline of all existing or proposed collector streets and mid-section line roads.
These are FUTURE Right of Ways that might never actually be implemented. If you are in a location where a Future ROW is reserved but it seems unlikely that that will actually ever become an actual ROW, you can apply for a waiver. It is quick, easy, and inexpensive. Here is a link to the Future ROW waiver: https://www.maricopa.gov/DocumentCenter/View/365/Right-of-Way-Reservation-Action-Request-Form-PDF.