PAB-0216 REPORT TO BOS REVISED.DOCX

Report to the Board of Supervisors
        Prepared by the Maricopa County Department of Transportation
Case #/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 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 Gutierrez, 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 August of 2022, and results sent to the applicant in August of 2022. 
The Application was circulated in review in October of 2022. MCDOT has 
received the following response: 
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.
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