2025-10-24_ - PC 1733 -PAB-0306-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0306 Federal Patent Easement Abandonment
1st Meeting Date: 
November 19, 2025
2nd Meeting Date: 
January 28, 2026
Supervisor District: 
4
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1197373 
as proposed by the owner of the property located at located in the general 
vicinity of 115th Avenue and Happy Valley Parkway, and being identified as 
Assessor Parcel Number 201-22-025A.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1197373, lying in the 
Northwest quarter of Section 7 – T4N, R1E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows:
Parcel No. 201-22-025A (Pat 1197373)
The North, East, and the West 33 feet of General Land Office (GLO) Lot 6 
Section 7, T4N, R1E of the Gila and Salt River Meridian, Maricopa County, 
Arizona.  EXCEPT the West 33 feet of GLO Lot 6.
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 2025, and results sent to the applicant in June 2025. The 
Application was circulated in review in August 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