2024-06-05 - PC 773 -PAB-0266-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0266 Federal Patent Easement Abandonment
1st Meeting Date: 
June 26, 2024
2nd Meeting Date: 
September 11, 2024
Supervisor District: 
4
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 1218729 as 
proposed by the owner of the property located at 48006 North 41st Avenue, 
Phoenix, Arizona 85087 and being identified as Assessor Parcel Number 
202-12-056F.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1218729, lying in the 
Northwest quarter the Southwest quarter of Section 27 – T7N, R2E, of the 
Gila and Salt River Meridian, Maricopa County, Arizona being described as 
follows: The West 20 feet of the East 50 feet of the N2NE4NW4SW4 of said 
Section 27. EXCEPT the North 50 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 March 2024, and results sent to the applicant in April 2024. The 
Application was circulated in review in April 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

Page 2
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