2024-11-18 - PC 1115 -PAB-0262-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0262 Federal Patent Easement Abandonment
1st Meeting Date: 
December 11, 2024
2nd Meeting Date: 
February 12, 2025
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1160344 
as proposed by the owner of the property located in the general vicinity of 
Black Canyon Highway and 38th Avenue and being identified as Assessor 
Parcel Number 202-13-030.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1160344, lying in GLO Lot 
63 of Section 34 – T7N, R2E, of the Gila and Salt River Meridian, Maricopa 
County, Arizona being described as follows: The West, South, and East 33 
feet of said GLO Lot 63. EXCEPT the North 33 feet thereof.
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 January 2024, and results sent to the applicant in February 
2024. The Application was circulated in review in August 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 
federal patent easement established by the Small Tract Act of 1938.  On May 
7, 2014, the Maricopa County Board of Supervisors (BOS) approved

Page 2
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