PAB-0260 REPORT TO BOS_REV1.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0260 Federal Patent Easement Abandonment
1st Meeting Date: 
January 29, 2025
2nd Meeting Date: 
April 9, 2025
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easements 1154398 
and 1162829 as proposed by the owner of the property located at 47712 
North 31st Avenue, New River, Arizona 85087 and being identified as 
Assessor Parcel Number 202-11-020J.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
those portions of the easements described in Patent 1154398 and Patent 
1162829, lying within the property as described in the Warranty Deed 
recorded as instrument 2018-0859859 with the Maricopa County Recorder’s 
Office lying in the Southwest quarter of Section 26 – T7N, R2E, of the Gila 
and Salt River Meridian, Maricopa County, Arizona being described as 
follows:
Patent 1154398
The East, South and West 33 feet of the South 132 feet of GLO Lot 16 of said 
Section 26. EXCEPT the West 12 feet thereof. ALSO EXCEPT any portion 
lying within the Well Site as described as Parcel No. 1B in said Warranty 
Deed.
Patent 1162829
The East, North and South 33 feet of the East 198 feet of GLO Lot 17 of said 
Section 26. EXCEPT the South 12 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

Page 2
for review in January 2024, and results sent to the applicant in February 
2024. The Application was circulated in review in September 2024. 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