2026-02-05_ - PC 1953 -PAB-0318-REPORT-TO-BOS (1).DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0318 Federal Patent Easement Abandonment
1st Meeting Date: 
February 25, 2026
2nd Meeting Date: 
May 6, 2026
Supervisor District: 
5
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of Patent Easement Number 
1176071 as proposed by the owner of the property located in the general 
vicinity of 133rd Avenue and Parkman Avenue and being identified as 
Assessor Parcel Number 400-01-039B.
Department Recommendation:
Having received no objection, MCDOT recommends to abandon that portion 
of the easement described in Patent Easement Number 1176071, lying in the 
Southeast quarter of Section 3 – T1S, R1W, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows:
Assessor Parcel Number 400-01-039B: The West 33 feet and the South 33 
feet of the W2 NW4 SE4 SE4 of said Section 3.
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 October 2025, and results sent to the applicant in October 2025. 
The Application was circulated in review in November 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

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