2026-01-22_ - PC 1913 -PAB-0313-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0313 Federal Patent Easement Abandonment
1st Meeting Date: 
February 11, 2026
2nd Meeting Date: 
April 22, 2026
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement Number 
1187976 as proposed by the owner of the property located at 221 West 
Jomax Road, Phoenix, Arizona 85085 and being identified as Assessor 
Parcel Number 210-13-045H.
Department Recommendation:
Having received no objection, MCDOT recommends to abandon that portion 
of the easement described in Patent Easement Number 1187976, lying in the 
Northwest quarter of Section 05 – T4N, R3E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows:
COMMENCING: at the Northwest Corner of said Section 05, from which the 
North quarter corner of said Section 05, bears North 89° 45’ 48” East, for a 
distance of 2890.05 feet; THENCE North 89°45'48" East, for a distance of 
1305.59 feet; THENCE South 01°03'29" East, for a distance of 88.03 feet; 
THENCE North 89°49'07" East, for a distance of 12.15 feet to the Point of 
Beginning; THENCE North 89°49'07" East, for a distance of 20.86 feet; 
THENCE South 01°03'29" East, for a distance of 158.91 feet; THENCE South 
89°13'53" West, for a distance of 8.85 feet; THENCE North 06°51'15" West, 
for a distance of 19.89 feet; THENCE North 02°36'20" West, for a distance of 
37.02 feet; THENCE North 08°45'39" West, for a distance of 22.38 feet; 
THENCE North 09°09'40" West, for a distance of 28.37 feet; THENCE North 
03°15'22" West, for a distance of 52.16 feet to the Point of Beginning.
Presented by: Jesse Gutierrez, 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 August 2025, and results sent to the applicant in September 
2025. The Application was circulated for review in December 2025. 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