PAB-0260 REPORT TO BOS - UPDATED FOR PUBLIC COMMENT 2.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0260 Federal Patent Easement Abandonment
1st Meeting Date: 
January 29, 2025
2nd Meeting Date: 
April 9, 2025
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easements 1154398 
and 1162829 as proposed by the owner of the property located at 47712 
North 31st Avenue, New River, Arizona 85087 and being identified as 
Assessor Parcel Number 202-11-020J.
Department Recommendation:
Having received four resident objections, MCDOT recommends the following: 
Abandon those portions of the easements described in Patent 1154398 and 
Patent 1162829, lying within the property as described in the Warranty Deed 
recorded as instrument 2018-0859859 with the Maricopa County Recorder’s 
Office lying in the General Land Office (GLO) Lots 16 and 17 of Section 26 – 
T7N, R2E, of the Gila and Salt River Meridian, Maricopa County, Arizona 
being described as follows:
Patent 1154398
The East, South and West 33 feet of the South 132 feet of said GLO Lot 16.
EXCEPT the West 12 feet thereof. ALSO EXCEPT any portion lying within 
the Well Site as described as Parcel No. 1B in said Warranty Deed.
Patent 1162829
The East and North 33 feet of the East 198 feet of said GLO Lot 17. EXCEPT 
any portion lying within the South 160 feet thereof.
Together with the South 24 feet of the South 33 feet of the East 198 feet of 
said GLO Lot 17. EXCEPT any portion lying with the East 33 feet of the South 
160 feet of said GLO Lot 17.
Presented by: Jesse Gutierrez, P.E, 
Director of Transportation

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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 January 2024, and results sent to the applicant in February 
2024. The Application was circulated in review in September 2024. MCDOT 
has received no objections.
MCDOT received one resident objection on April 1, 2025, and three resident 
objections on April 9, 2025.  The residents provided six points of objection.  
The following provides information and resolution for each point of objection.

Objection 1: Access to the well on the objector’s property would be 
severed if abandonment is approved.
o
Resolution: The applicant has modified the request to abandon 
only the northern portion of the eastern patent easement 
allowing access to the well site to remain.

Objection 2: Homes west of the applicant parcel would not have 
access if the abandonment is approved.
o
Resolution: The applicant has modified the request to abandon 
only the north 9 feet of the southern Patent Easement. 24 feet 
will be maintained allowing the existing access to remain.

Objection 3: Child walking to school would not have access if the 
abandonment is approved.
o
Resolution: The applicant is requesting to abandon the east 21 
feet of the western patent easement. The western 12 feet will 
remain through the wash along the Wagon Wheel Lane 
alignment maintaining access.

Objection 4: Emergency access would be severed if the abandonment 
is approved.
o
Resolution: Emergency access is provided through two 
means. First, to the east via Twin Peaks Lane to 31st Avenue 
and Lazy G Ranch Road. Second, through Wagon Wheel 
Lane.

Objection 5: Applicant is building a fence without a permit.
o
Resolution: A Planning and Development Permit was issued 
July 11, 2024 (permit number B202312314).

Objection 6: Applicant is building a dirt berm along the property 
boundary.
o
Resolution: In May 2025, MCDOT staff visited this site and 
found no evidence of a dirt berm.

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After receiving public objections at the Board of Supervisors meeting on April 
9, 2025, the applicant for PAB-0260 revised the abandonment request to 
mitigate the objections. Exhibit 1 shows the initial patent easement area 
requested for abandonment as presented to the Board of Supervisors on April 
9, 2025. Exhibit 2 shows the revised patent easement area requested for 
abandonment. The revision mitigates the public objections received at the 
Board of Supervisors meeting on April 9, 2025.
                 Exhibit 1: Initial Abandonment 
Request                        Exhibit 2: Revised Abandonment Request
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

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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