2024-11-18 - PC 1117 -PAB-0281-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0281 Federal Patent Easement Abandonment
1st Meeting Date: 
December 11, 2024
2nd Meeting Date: 
February 12, 2025
Supervisor District: 
2
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1199049 
as proposed by the owner of the property located at 6045 East Windstone 
Trail, Cave Creek, Arizona 85331 and being identified as Assessor Parcel 
Number 211-45-087C.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1199049, lying in the 
Southeast quarter of Section 21 – T5N, R4E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: The East 33 
feet of NE4 NW4 SW4 SE4 of said Section 21. 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 June 2024, and results sent to the applicant in July 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

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