PAB-0280 REPORT TO BOS_REV1.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0280 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 1179399 as 
proposed by the owner of the property located at 307 East Quartz Rock 
Road, Phoenix, Arizona 85085 and being identified as Assessor Parcel 
Number 210-14-021A.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1179399 lying in the 
Northeast quarter of Section 5 – T4N, R3E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows:
APN 210-14-021A: The North 33 feet together with the West 33 feet of the 
W2 of the NW4 of the SW4 of the SE4 of the NE4 of said Section 5. EXCEPT 
the West 12 feet thereof; ALSO EXCEPT the North 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 June 2024, and results sent to the applicant in July 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

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