2023-07-05_PAB-0234-REPORT-TO-BOS (1).DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0234 Federal Patent Easement Abandonment
1st Meeting Date: 
July 26, 2023
2nd Meeting Date: 
September 27, 2023
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 
#1144761 as proposed by the owner of the property located in the 
general vicinity of 13th Avenue and Avenida Del Ray and being 
identified as Assessor Parcel Number 210-09-006B.
Department Recommendation:
Having received no objection MCDOT recommends the following: 
Abandon that portion of the easement described in Patent 1144761, 
lying in the Southeast quarter of Section 06 – T4N, R3E, 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 N2 SW4 NE4 
SW4 SE4 of said Section 06 as described in the Special Warranty Deed 
on file with the Maricopa County Recorder’s Office instrument 
#2022-0392832. EXCEPT any portion lying within the West 25 feet 
thereof.   
Presented by: Jesse Guttierrez, P.E, 
Director of Transportation

Page 2
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 February of 2023, and 
results sent to the applicant in March of 2023. The Application was 
circulated in review in June 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