2024-09-04 - PC 955 -PAB-0270-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0270 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 #1210822 
as proposed by the owner of the property located at 10268 West Pinnacle 
Peak Road, Peoria, Arizona 85383 and being identified as Assessor Parcel 
Number 201-08-036A.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1210822, lying in the 
Southeast quarter of Section 08 – T4N, R1E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: The South, 
East, and West 33 feet of the S2 SW4 SW4 SE4 of said Section 08. Except 
the South and the East 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 May 2024, and results sent to the applicant in May 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

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