2025-01-23 - PC 1195 -PAB-0269-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0269 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 1201751 as 
proposed by the owner of the property located at 26290 North 112th Avenue, 
Peoria, Arizona 85383 and being identified as Assessor Parcel Number 201-
21-015F.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1201751, lying in the NW 
quarter of Section 6 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa 
County, Arizona being described as follows: The West 21 feet of the East 33 
feet of the E2 of the S2 of GLO Lot 23 of said Section 6.
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 April 2024, and results sent to the applicant in May 2024. The 
Application was circulated in review in November 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

Page 2
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