2026-07-28_ - PC 2385 -PAB-0315-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: PAB-0315 Federal Patent Easement Abandonment
1st Meeting Date: August 19, 2026
2nd Meeting Date: October 21, 2026
Supervisorial District: 5
Applicant: Department of Transportation
Request: Approve the abandonment of that portion of the Patent Easement Numbers
1195993 and 1196313 as proposed by the owner of the properties located at
25543 South 193rd Avenue, Buckeye, Arizona 85326 and 25567 South 193rd
Avenue, Buckeye, Arizona 85326, and being identified as Assessor Parcel
Numbers 400-62-059H and 400-62-059J.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon
that portion of Patent 1195993, lying in the South half of the Southwest
Quarter of the Northeast Quarter of the Northwest Quarter of Section 33
Township 2 South, Range 2 West, of the Gila and Salt River Meridian,
Maricopa County, Arizona being described as follows: The South 33 feet of
the South half of the Southwest quarter of the Northeast Quarter of the
Northwest Quarter of said Section 33. EXCEPT the West 33 feet thereof.
Together with: That portion of Patent 1196313, lying in the North half of the
Northwest Quarter of the Southeast Quarter of the Northwest Quarter of
Section 33 Township 2 South, Range 2 West, of the Gila and Salt River
Meridian, Maricopa County, Arizona being described as follows: The North 33
feet of the North half of the Northwest Quarter of the Southeast Quarter of the
Northwest Quarter of said Section 33. EXCEPT the West 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 September 2025, and results sent to the applicant in September

Page 2
2025. 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
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