2023-04-18_PAB-0217-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0217 Federal Patent Easement Abandonment
1st Meeting Date: 
May 10, 2023
2nd Meeting Date: 
July 26, 2023
Supervisor District: 
4
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1198279 
as proposed by the owner of the property located in the general vicinity of 
Hatfield Road and 114th Avenue and being identified as Assessor Parcel 
Number 201-22-028B.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1198279, lying within 
General Land Office (GLO) Lot 9 of Section 07 – T4N, R1E, of the Gila and Salt 
River Meridian, Maricopa County, Arizona being described as follows: 
The West 33 feet together with the North 33 feet of the West 265 feet of said 
GLO Lot 9.   
Presented by: Jesse Guttierrez, P.E, 
Interim Director of Transportation
Support/Opposition: 
Request for comment has been circulated to all affected parties pursuant to

Page 2
County Ordinance P-34, Section 2d. An Initial Determination was circulated 
for review in August of 2022, and results sent to the applicant in September 
of 2022. The Application was circulated in review in March 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