PAB-0222 REPORT TO BOS - CONTINUATION.DOCX

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 10, 2023
2nd Meeting Date: 
July 26, 2023
3rd Meeting Date: 
August 9, 2023
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Continue the public hearing for a request to abandon the 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 to the August 9, 2023, to 
allow final resolution of public objection(s).
Department Recommendation:
Having received three objections from abutting owners, MCDOT 
recommends continuing the public noticing period to abandon a portion of 
the Patent Easement #1184995 to August 9, 2023.
Presented by: Jesse Guttierrez, 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 September of 2022, and results sent to the applicant in October 
of 2022. The Application was circulated in review in February of 2023. MCDOT 
has received objections from abutting owners.  The objections have been

resolved and a new legal description is under development.
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