2024-08-21 -PC 934 -PAB-0272-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0272 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 #1144761 
as proposed by the owner of the properties located in the general vicinity of 
11th Avenue and Happy Valley Road and being identified as Assessor Parcel 
Numbers 210-09-006C and 210-09-006A.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1144761, lying in the South 
half of the Northeast quarter of the Southwest quarter of the Southeast 
quarter of Section 6 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa 
County, Arizona being described as follows:
Assessor Parcel 210-09-006C
The North, the South, and the East 33 feet of the E2 of the S2 of the NE4 of 
the SW4 quarter of the SE4 of Section 6 – T4N, R3E.
EXCEPT the East 25 feet thereof.
AND
Assessor Parcel 210-09-006A
The South and the West 33 feet of the W2 of the S2 of the S2 of the NE4 of 
the SW4 of the SE4 of Section 6 – T4N, R3E.
EXCEPT the West 25 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

Page 2
for review in May 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 
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