PAB-0222 REPORT TO BOS REV.DOCX

Maricopa County — Formal (2023-05-10)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0222 Federal Patent Easement Abandonment
1st Meeting Date: 
May 5, 2023
2nd Meeting Date: 
July 26, 2023
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1184995 
as proposed by the owner of the property located in the general vicinity of 
Quartz Rock Road and 3rd Avenue and being identified as Assessor Parcel 
Number 210-13-034B.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1184995, lying in the 
Northwest quarter of Section 5 – T4N, R3E of the Gila and Salt River Meridian, 
Maricopa County, Arizona being described as follows: The East 33 feet, except 
the South 25 feet together with the North 8 feet of the South 33 feet, except 
the West 155 feet, all within Assessor’s Parcel Number 210-13-034B as 
described in Deed Instrument No. 2021-0628176 Maricopa County Records.   
Presented by: Jesse Guttierrez, P.E, 
Interim Director of Transportation
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 September of 2022, and results sent to the applicant in October 
of 2022. The Application was circulated in review in February of 2023. MCDOT

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