2023-07-05_PAB-0228-RESOLUTION (1).DOC

RESOLUTION
PATENT EASEMENT ABANDONMENT PAB-0228
C-64-
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY, 
ARIZONA, DECLARING A PORTION OF A FEDERAL PATENT EASEMENT TO BE 
UNNECESSARY FOR PUBLIC PURPOSES AND ABANDONING THAT EASEMENT.
WHEREAS, pursuant to the Small Tract Act of 1938, a 33 foot wide patent easement located in 
the general vicinity of 112th Avenue and Tether Trail was reserved for roadway and public 
utilities purposes in Patent Number 1201751; and
WHEREAS, a proposal requesting the abandonment of a portion of a patent easement has been 
submitted to Maricopa County; and
WHEREAS, pursuant to A.R.S §11-251.16(A), Maricopa County has notified all affected 
utilities; and
WHEREAS, Maricopa County has not received objection to the proposal from any utility; and
WHEREAS, pursuant to A.R.S §11-251.16(B), Maricopa County has given written notice to all 
property owners of the land abutting the easement or portion thereof to be abandoned; and
WHEREAS, pursuant to A.R.S §11-251.16(B), Maricopa County has posted a copy of the notice 
at or in the immediate vicinity of the proposed abandonment; and
WHEREAS, Maricopa County has not received objection to the proposal from a majority of 
landowners or from Arizona State Land, Bureau of Land Management, Municipality or Tribal 
Reservation who owns land abutting the proposed abandonment; and
WHEREAS, it has been determined by Maricopa County that the portion of the patent easement 
proposed for abandonment is not being used by the public and is no longer necessary and 
recommends that it would be in the best interest of the public that the proposed abandonment be 
approved; and
WHEREAS, a legal description of the portion of the patent easement to be abandoned, identified 
as Exhibit "A", is attached; and
WHEREAS, Maricopa County is authorized to abandon patent easements as described in Exhibit 
“A”, pursuant to A.R.S. §11-251.16(A)

RESOLUTION
ROAD FILE PAB-0228
C-64-
Page 2
BE IT THEREFORE RESOLVED by the Board of Supervisors of Maricopa County, Arizona, 
that the portion of the patent easement as described in Exhibit "A" is not being used by the public 
and no longer necessary.
BE IT FURTHER RESOLVED the portion of the patent easement as described in Exhibit “A” is 
hereby extinguished.  
BE IT FURTHER RESOLVED that this resolution does not abandon a roadway that was granted 
under revised statute 2477 (43 United States Code section 932) that was enacted by the United 
States Congress in 1986.
BE IT FURTHER RESOLVED that pursuant to statute ARS §28-7210 existing easements are 
not abandoned as related to 1) sewer, gas, water or similar pipelines and appurtenances, 2) 
canals, laterals or ditches and appurtenances, and 3) electric, telephone and similar lines and 
appurtenances.
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this
_____day of __________________, __________.
    ATTEST:
______________________________                              _________________________________
Chairman of the Board of Supervisors                                            Juanita Garza
Maricopa County                                   
       Clerk of the Board
APPROVED AS TO FORM and within the powers
and authority granted under the laws of the State of Arizona
and Maricopa County
_____________________________________________
Legal Counsel