2025-01-23 - PC 1194 -PAB-0267-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0267 Federal Patent Easement Abandonment
1st Meeting Date: 
February 12, 2025
2nd Meeting Date: 
April 23, 2025
Supervisor District: 
4
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 1219908 as 
proposed by the owner of the property located at 47811 North 41st Avenue, 
New River, Arizona 85087 and being identified as Assessor Parcel Number 
202-12-058B.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1219908, lying in the 
southwest quarter of Section 27 – T7N, R2E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows:
The North 50 feet and the West 50 feet and the South 50 feet of the W2 SW4 
NE4 SW4 of said Section 27. EXCEPT the South 25 feet and the West 25 
and the North 330 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 March 2024, and results sent to the applicant in April 2024. 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