2026-06-24_ - PC 2289 -PAB-0320-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: PAB-0320 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
1155594 as proposed by the owner of the property located at 3325 West
Twin Peaks Lane, Phoenix, Arizona 85087 and being identified as Assessor
Parcel Number 202-11-028B.
Department Recommendation:
Having received no objection, MCDOT recommends to abandon that portion
of the easement described in Patent 1155594, lying in the West half of the
Southeast quarter of the Southwest quarter of the Southwest quarter of
Section 26, Township 7 North, Range 2 East of the Gila and Salt River
Meridian, Maricopa County, Arizona being described as follows: The West 33
feet, the North 33 feet and the East 33 feet of the North 264.15 feet of
General Land Office (G.L.O.) Lot 27 of said Section 26, EXCEPT the South
264.15 feet thereof.
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 November
2025. The Application was circulated for review in April 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