2023-05-25_PAB-0230-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0230 Federal Patent Easement Abandonment
1st Meeting Date: 
June 14, 2023
2nd Meeting Date: 
August 23, 2023
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 
#1162892 as proposed by the owner of the property located in the 
general vicinity of Yearling Road and 9th Avenue and being identified 
as Assessor Parcel Number 210-12-018F.
Department Recommendation:
Having received no objection MCDOT recommends the following: 
Abandon that portion of the easement described in Patent 1162892, 
lying in the Northeast quarter of Section 6 – T4N, R3E, of the Gila and 
Salt River Meridian, Maricopa County, Arizona being more 
particularly described as follows: The East 13 feet of the West 33 feet 
of the North 145 feet of the South 185 feet of the Southeast Quarter 
of the Southeast Quarter of the Northeast Quarter of Section 6. 
Township 4 North, Range 3 East of Gila and Salt River Base and 
Meridian, Maricopa County, Arizona, all within Assessor’s Parcel 
Number 210-12-018F as described in Deed Instrument No. 2003-
0537439 Maricopa County Records.   
Presented by: Jesse Guttierrez, P.E, 
Director of Transportation

Page 2
Support/Opposition: 
Request for comment has been circulated to all affected parties 
pursuant to County Ordinance P-34, Section 2d. An Initial 
Determination was circulated for review in December of 2022, and 
results sent to the applicant in January of 2023. The Application was 
circulated in review in April of 2023. MCDOT has received no 
objections.
Discussion:
Laws 2013, Chapter 46 amended Arizona Revised Statutes, Section 11-
251.16 to allow a county, at the request of a property owner, to 
abandon a federal patent easement established by the Small Tract 
Act of 1938.  On May 7, 2014 the Maricopa County Board of 
Supervisors (BOS) approved Ordinance No. P-34, adopting 
procedures for the abandonment of Federal Patent Easements. The 
Maricopa County Department of Transportation (MCDOT) has 
considered and processed this request for abandonment in strict 
accordance with A.R.S. Section 11-251.16 and Ordinance No. P-34. 
Attachments:
Application / Proof of Ownership / Aerial Exhibit / Initial 
Determination Request / Legal Exhibit and Description