PAB-0170 REPORT TO BOS - UPDATED.PDF

Report to the Board of Supervisors 
 
        Prepared by the Maricopa County Department of Transportation 
Case #/Title: 
 
PAB-0170 Federal Patent Easement Abandonment 
Meeting Date:  
11/16/2022 
Supervisor District: 
3 
Applicant: 
 
Department of Transportation 
Request: 
Approve the abandonment of that portion of the Patent Easement as proposed 
by the owner of the property located at an unassigned address north of 909 West 
Happy Valley Road, Phoenix, Arizona 85085 and being identified as Assessor 
Parcel Number 210-09-019. 
Department Recommendation: 
Having received no objection to the full abandonment from the reviewing 
parties, and one resident objection, MCDOT recommends the following: 
Abandon the Abandon the West 33 feet, except the south 70 feet and the North 
33 feet, except the East 33 feet of the E2 SW4 SE4 SE4 of said Section 6. 
 
Presented by:  Jennifer Toth, P.E.,  
Director of Transportation/County Engineer 
 
 
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 April 2021, and results sent to the applicant in April and May 2021. 
The Application was circulated in review in November 2021. The following 
responses were received:  
 
County Departments – No Objection: Transportation, Planning and 
Development, Real Estate, and Flood Control District.  
 
Utilities – No Objection: Arizona Public Service, and CenturyLink. 
 
Agency – No Objection: City of Phoenix.

Residents – MCDOT received one resident objection on this item from Dennis 
Hagarty on 10/18/2022. Hagarty raised objection to the recommended 
abandonment, citing concerns that granting the abandonment would impact 
access to their parcel. 
 
MCDOT has reviewed and determined that abandonment of the Federal 
Patent Easement will not impact access to Hargarty’s parcel as his access point 
is on 9th Avenue that will remain a Federal Patent Easement.  
 
 
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