2025-08-13_ - PC 1571 -PAB-0302-REPORT-TO-BOS.DOCX
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Report to the Board of Supervisors Prepared by the Maricopa County Department of Transportation Case Number/Title: PAB-0302 Federal Patent Easement Abandonment 1st Meeting Date: September 10, 2025 2nd Meeting Date: November 19, 2025 Supervisor District: 4 Applicant: Department of Transportation Request: Approve the abandonment of that portion of the Patent Easement #1196672, 1198277, 1198938, 1198941, 1198940, and 1196675, as proposed by the owner of the property located in the general vicinity of Hatfield Road and 115th Avenue being identified as Assessor Parcel Number 201-22-021A. Department Recommendation: Having received no objection MCDOT recommends the following: Abandon those portions of the easements described in Patents 1196672, 1198277, 1198938, 1198941, 1198940 and 1196675, lying in the Northwest and Southwest quarter of Section 07 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa County, Arizona being described as follows: Patent 1196672: The North, East, and West 33 feet of General Land Office (GLO) Lot 18, Section 7, 4N, 1E of the Gila and Salt River Meridian, Maricopa County, Arizona. EXCEPT the North 33 feet of West 65 feet together with the West 33 feet of the North 296 feet of said GLO Lot 18. Patent 1198277: The South, East, and West 33 feet of GLO Lot 19, Section 7, 4N, 1E of the Gila and Salt River Meridian, Maricopa County, Arizona. Patent 1198938: The North, East, and West 33 feet of GLO Lot 22, Section 7, 4N, 1E of the Gila and Salt River Meridian, Maricopa County, Arizona. Patent 1198941: The North, East, and West 33 feet of GLO Lot 21, Section 7, 4N, 1E of the Gila and Salt River Meridian, Maricopa County, Arizona. Patent 1198940: The South, East, and West 33 feet of GLO Lot 20, Section 7, 4N, 1E of the Gila and Salt River Meridian, Maricopa County, Arizona. Patent 1196675: The North, East, and West 33 feet of GLO Lot 17, Section 7, 4N, 1E of the Gila and Salt River Meridian, Maricopa County, Arizona. Presented by: Jesse Gutierrez, P.E, Page 2 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 2025, and results sent to the applicant in March 2025. The Application was circulated for review in May 2025. The following responses were received: County Departments – City of Peoria objects: to the proposed patent easement abandonment request along the 115th Avenue Alignment due to proximity to City of Peoria’s annexation. Note: the objection was resolved on July 23, 2025. 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 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