PAB-0307 REPORT TO BOS - REVISED ON 1-22-2026.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0307 Federal Patent Easement Abandonment
1st Meeting Date: 
December 10, 2025
2nd Meeting Date: 
February 11, 2026
Supervisor District: 
2
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1199048 
and 1196276 as proposed by the owner of the property located at 30506 
North 63rd Street, Cave Creek, Arizona 85331and being identified as 
Assessor Parcel Number 211-45-091C.
Department Recommendation:
Having resolved all objections, MCDOT recommends the following: Abandon 
those portions of the easements described in Patents #1199048 and 
#1196276, lying in the Southeast quarter of Section 21 – T5N, R4E, of the 
Gila and Salt River Meridian, Maricopa County, Arizona being described as 
follows:
Patent #119048: The South 152 feet of the East 33 feet of NE4 NW4 NE4 
SE4 of Section 21, 5N, 4E of the Gila and Salt River Meridian, Maricopa 
County, Arizona.
Patent #1196276: The North 30 feet of the East 33 feet of SE4 NW4 NE4 
SE4 of Section 21, 5N, 4E of the Gila and Salt River Meridian, Maricopa 
County, Arizona.
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 June 2025, and results sent to the applicant in June 2025. The 
Application was circulated in review in August 2025. MCDOT has received 
one objection, which the applicant has resolved.

Page 2
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