2026-01-08_ - PC 1878 -PAB-0299-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0299 Federal Patent Easement Abandonment
1st Meeting Date: 
January 28, 2026
2nd Meeting Date: 
April 8, 2026
Supervisor District: 
2
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement Number 
1204009 as proposed by the owner of the property located at 31208 North 
67th Street, Cave Creek, Arizona 85331 and being identified as Assessor 
Parcel Number 216-67-150B.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent Number 1204009, lying in 
the Northwest quarter of Section 22 – T5N, R4E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: 
Parcel Number 216-67-150B (Patent Number1204009): The East 2 feet of the 
West 33 feet and the North 20 feet of the South 33 feet of SW4 NE4 NE4 
NW4 of said Section 22 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 January 2025, and results sent to the applicant in February 
2026. The Application was circulated in review in August 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 Number 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 Number P-34. 
Attachments:
Application / Proof of Ownership / Aerial Exhibit / Initial Determination 
Request / Legal Exhibit and Description