2026-06-24_ - PC 2290 -PAB-0321-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0321 Federal Patent Easement Abandonment
1st Meeting Date: 
July 15, 2026
2nd Meeting Date: 
September 30, 2026
Supervisorial District: 3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement Number 
1182529 as proposed by the owner of the property located at 25917 North 
2nd Street, Phoenix, Arizona 85085 and being identified as Assessor Parcel 
Number 210-14-027E.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1182529, lying in the 
Northwest quarter of Southeast quarter of Southwest quarter of Northeast 
quarter of Section 05, Township 4 North, Range 3 East of the Gila and Salt 
River Meridian, Maricopa County, Arizona being described as follows: The 
North 33 feet and the West 33 feet of the NW4 SE4 SW4 NE4 of said Section 
05 EXCEPT any portion lying within Parcel No.1 as described in instrument 
20210476315 Maricopa County Records.
Presented by: Jesse Gutierrez, P.E, 
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 November 2025, and results sent to the applicant in December 
2025. The Application was circulated for review in March 2026. 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

Page 2
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