2025-05-22 - PC 1408 -PAB-0295-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0295 Federal Patent Easement Abandonment
1st Meeting Date: 
June 11, 2025
2nd Meeting Date: 
August 20, 2025
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1154398 
as proposed by the owner of the property located in the general vicinity of 
New River Road and Wagon Wheel Lane and being identified as Assessor 
Parcel Numbers 202-11-020E and 202-11-020F.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1154398, lying in GLO Lot 
16 of Section 26 – T7N, R2E, of the Gila and Salt River Meridian, Maricopa 
County, Arizona being described as follows: The West 33 feet, the East 33 
feet, and the North 33 feet of said GLO Lot 16. EXCEPT the West 12 feet 
thereof. ALSO, EXCEPT the South 132 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 December 2024, and results sent to the applicant in January 
2025. The Application was circulated in review in March 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 
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