PAB-0255 REPORT TO BOS-REV1.DOCX

Maricopa County — Formal (2025-03-06)

View PDF Item 13 Meeting page

Extracted text (via pymupdf) 2166 characters
Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0255 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 1150285 as 
proposed by the owner of the properties located in the general vicinity of 
Yearling Road and 19th Avenue and being identified as Assessor Parcel 
Numbers 210-10-024A, 210-10-024B, and 210-10-024C.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1150285, lying in the 
Southwest quarter of Section 6 – T4N, R3E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: The East 33 
feet together with the South 33 feet of GLO Lot 32 of said Section 6. EXCEPT 
the North 33 feet thereof; ALSO EXCEPT the West 70 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 October 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

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