2025-01-23 - PC 1196 -PAB-0271-REPORT-TO-BOS.DOCX

Maricopa County — Formal (2025-01-10)

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Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0271 Federal Patent Easement Abandonment
1st Meeting Date: 
February 12, 2025
2nd Meeting Date: 
April 23, 2025
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 1145719 as 
proposed by the owner of the property located at 25822 North 20th Avenue, 
Phoenix, Arizona 85085 and being identified as Assessor Parcel Number 
210-10-015B.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1145719, 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 North 33 feet together with the East 33 feet of the E2 N2 E2 SE4 NE4 
SW4 of said Section 6. EXCEPT any portion lying within the North 25 feet 
and the East 30 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 May 2024, and results sent to the applicant in May 2024. The 
Application was circulated in review in December 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