2024-05-23 - PC 753 -PAB-0252-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0252 Federal Patent Easement Abandonment
1st Meeting Date: 
June 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 Numbers 
1149647 and 1149603 as proposed by the owner of the properties located at 
25051 North 17th Avenue, Phoenix, Arizona 85085 and being identified as 
Assessor Parcel Numbers 210-10-013B and 210-10-005.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easements described in Patents 1149647 and 1149603, 
lying in the Southwest quarter of Section 6 – T4N, R3E, of the Gila and Salt 
River Meridian, Maricopa County, Arizona being described as follows:
APN 210-10-013B:
The North, East, and South 33 feet of the NE4SW4SE4SW4 of Said Section 
6;
and
APN 210-10-005:
The East 33 feet EXCEPT the South 70 feet TOGETHER WITH the North 33 
feet EXCEPT the West 33 feet of the S2SW4SE4SW4 of said Section 6.
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.

Page 2
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