2024-09-05 - PC 962 -PAB-0275-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0275 Federal Patent Easement Abandonment
1st Meeting Date: 
September 25, 2024
2nd Meeting Date: 
December 11, 2024
Supervisor District: 
4
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1207720 
as proposed by the owner of the property located at 10144 West Avenida Del 
Sol, Peoria, AZ 85383 and being identified as Assessor Parcel Number 201-
08-037E.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1207720, lying in the South 
half of the Southeast quarter of the Northwest quarter of the Southeast 
quarter of Section 8 – T4N, R1E, of the Gila and Salt River Meridian, Maricopa 
County, Arizona being described as follows: The South and West 33 feet of 
the S2 of the SE4 of the NW4 of the SE4 of Section 8 – T4N, R1E. EXCEPT 
the South 25 feet. ALSO EXCEPT the East 443.67 feet.
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 June 2024, and results sent to the applicant in June 2024. The 
Application was circulated in review in July 2024. 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

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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