2025-03-19 - PC 1304 -PAB-0274-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0274 Federal Patent Easement Abandonment
1st Meeting Date: 
April 9, 2025
2nd Meeting Date: 
June 11, 2025
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easements #1182342 
and 1184034 as proposed by the owner of the property located at 404 East 
Briles Road, Phoenix, Arizona 85085 and being identified as Assessor Parcel 
Number 210-14-023B.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patents 1182342 and 1184034, 
lying in the Northeast quarter of Section 05 – T4N, R3E, of the Gila and Salt 
River Meridian, Maricopa County, Arizona being described as follows: The 
South 33 feet of GLO Lot 33, EXCEPT the West 276 feet; Together with the 
South 33 feet of the West 149 feet of GLO Lot 34.
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 June 2024. The 
Application was circulated in review in February 2025. 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

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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