2024-05-23 -PC 752 -PAB-0251-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0251 Federal Patent Easement Abandonment
1st Meeting Date: 
Junely 12, 2024
2nd Meeting Date: 
August 21, 2024
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1148748 
as proposed by the owner of the property located at 1540 West Happy Valley 
Road, Phoenix, Arizona 85085 and being identified as Assessor Parcel 
Number 210-10-028C.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1148748, lying in the 
Southwest quarter of Section 06 – T4N, R3E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: The West, 
North and East 33 feet of the W2SE4SE4SW4 of said Section 06. EXCEPT 
any portion lying within the South 70 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 October 2023, and results sent to the applicant in November 
2023. 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 
federal patent easement established by the Small Tract Act of 1938.  On May 
7, 2014 the Maricopa County Board of Supervisors (BOS) approved

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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