2024-08-21 - PC 938 -PAB-0268-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0268 Federal Patent Easement Abandonment
1st Meeting Date: 
September 11, 2024
2nd Meeting Date: 
November 20, 2024
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement # 1160023 
as proposed by the owner of the property located at 3542 West New River 
Road, New River, Arizona 85087 and being identified as Assessor Parcel 
Number 202-12-005F.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1160023, lying within the 
property as described in the Warranty Deed on file with the Maricopa County 
Recorder’s instrument number 2021-0983681 lying within a portion of GLO 
Lot 14, Section 27 – T7N, R2E, of the Gila and Salt River Meridian, Maricopa 
County, Arizona being described as follows:
The North 33 feet of the West 110 feet
Together with the West 33 feet of the North 374.63 feet of said GLO Lot 14. 
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 March 2024, and results sent to the applicant in April 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-

Page 2
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