2026-07-28_ - PC 2386 -PAB-0325-REPORT-TO-BOS.DOCX
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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case Number/Title: PAB-0325 Federal Patent Easement Abandonment 1st Meeting Date: August 19, 2026 2nd Meeting Date: October 21, 2026 Supervisorial District: 4 Applicant: Department of Transportation Request: Approve the abandonment of that portion of the Patent Easement Number 1205942 as proposed by the owner of the property located at 26511 North 113th Avenue, Peoria, Arizona 85383 and being identified as Assessor Parcel Number 201-21-044A. Department Recommendation: Having received no objection, MCDOT recommends the following: Abandon that portion of Patent 1205942, lying in the Southwest quarter of Section 6, Township 4 North, Range 1 East of the Gila and Salt River Meridian, Maricopa County, Arizona being described as follows: The East 33 feet of S2 SW4 NE4 SW4 of said Section 6. EXCEPT the South 33 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 December 2025, and results sent to the applicant in January 2026. The Application was circulated for review in June 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