PAB-0256 REPORT TO BOS_REV1.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0256 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 Easement 1144865 as 
proposed by the owner of the property located at 825 West Happy Valley 
Road, Phoenix, Arizona 85085 and being identified as Assessor Parcel 
Number 210-08-003A.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1144865, lying in the 
Northeast quarter of Section 7 – T4N, R3E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: The West 33 
together with the South 33 feet of the W2 of the W2 of the NE4 of the NE4 of 
the NE4 said Section 7. EXCEPT the North 55 feet thereof; ALSO EXCEPT 
the West 25 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 
for review in October 2023, and results sent to the applicant in November 
2023. 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

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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