PAB-0178 REPORT TO BOS 3-22-22.DOCX

Report to the Board of Supervisors
        Prepared by the Maricopa County Department of Transportation
Case #/Title:
PAB-0178 Federal Patent Easement Abandonment
Meeting Date:
January 12, 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 25824 North 15th Lane, Phoenix, Arizona 
85085 and being identified as Assessor Parcel Number 210-11-023D.
Department Recommendation:
Having received no objection to the full abandonment from the reviewing 
parties and two resident objections, MCDOT recommends the following: 
Abandon the West 33 feet and the West 8 feet of the East 33 feet of the 
following described property: The North 145 feet of the South 300 feet of the 
W2 SE4 SE4 NW4 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 August 2021, and results sent to the applicant in September 2021. The 
Application was circulated in review in September 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. 
Agency – No Objection: Arizona State Land Department, and City of Phoenix.

Resident – Objection: MCDOT received objection letters from Mr. George 
Bochis, dated March 15, 2022, and Daniel Malutan. Mr. Malutan’s letter is dated 
March 20, 2022 and was received by staff after business hours on March 21, 
2022. Mr. Bochis is the owner of parcel 210-11-023E located on the southwest 
corner of Quartz Rock Road and 15th Lane and Mr. Malutan is the owner of 
parcel 210-11-023C, located immediately to the north of PAB-0178. Both letters 
raised objection to the recommended abandonment, citing concerns regarding 
the width of 15th Lane and ease of property access. 
MCDOT – Response to Resident Objection: Current access to Mr. Bochis’ parcel 
and the parcels to the south, including the PAB-0178 parcel, is provided via 15th 
Avenue, Quartz Rock Road, and 15th Lane. This access is being preserved as 
follows: 15th Avenue and Quartz Rock Road as local roadways and 15th Lane as a 
private roadway. A minimum of 24 feet is required for the private roadway 
standard pursuant to the MCDOT Roadway Design Manual Chapter 7, Section 
6.4. The Patent Easement recommended for abandonment in PAB-0178 is not 
located along a section or midsection alignment and would not be a priority for 
access preservation by MCDOT’s standards.
The MCDOT recommendation is consistent with previously approved Patent 
Easement abandonments in the vicinity of this request along 15th Avenue, 
Quartz Rock Road, and 15th Lane. 15th Lane acts as a private drive with no 
connectivity north of Quartz Rock Road or south of Yearling Road. 
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