2023-04-17_PAB-0216-REPORT-TO-BOS-UPDATED-FOR-PUBLIC-COMMENT.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0216 Federal Patent Easement Abandonment
1st Meeting Date: 
March 1, 2023
2nd Meeting Date: 
May 10, 2023
Supervisor District: 
4
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1201578 
as proposed by the owner of the property located at 11208 West Tether Trail, 
Peoria, Arizona 85383 and being identified as Assessor Parcel Number 201-
21-014A.
Department Recommendation:
Having received one objection from the reviewing parties, and one 
resident objection, MCDOT recommends the following: Abandon that 
portion of the easement described in Patent 1201578, lying in Government 
Lot 16 of Section 06 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa 
County, Arizona being described as follows: 
The West 21 feet of the East 33 feet, together with the South 33 feet, except 
the East 33 feet of the parcel as described in the Special Warranty Deed 
recorded as instrument #2022-0388048 on file with the Maricopa County 
Recorder’s Office.  
Presented by: Jesse Guttierrez, P.E, 
Interim Director of Transportation

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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 August of 2022, and results sent to the applicant in August of 
2022. The Application was circulated in review in October of 2022. The 
following responses were received:  
Agency – City of Peoria objects to the abandonment of 112th Avenue 
alignment unless replaced by a 25’ right of way and 8’ Public Utility Easement 
to establish a local half street.  Note: MCDOT has reviewed this objection and 
determined 112TH Avenue is classified as a private drive only requiring 12’ of 
the Patent Easement to remain per the MCDOT Roadway Design Manual, 
Section 7.6.4. This will allow access to remain for parcels to the south.
MCDOT has received one public objection on March 22, 2023. The abutting 
property owner raised concerns to the reduction of the Federal Patent 
Easement Number 1201578 to 12 feet along 112th Avenue, citing it will put a 
burden on the bordering 33 feet Federal Patent Easement Number 1199994 
on 112th Avenue. Note: MCDOT has reviewed this public objection and 
determined the requested abandonment will not impact access or place an 
additional burden on abutting owners as 112th Avenue is classified as a 
private drive only requiring a minimum 12 feet of the Patent Easement to 
remain per the MCDOT Roadway Design Manual, Section 7.6.4.
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.

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Attachments:
Application / Proof of Ownership / Aerial Exhibit / Initial Determination 
Request / Legal Exhibit and Description