2024-07-02 - PC 818 -PAB-0247-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0247 Federal Patent Easement Abandonment
1st Meeting Date: 
July 24, 2024
2nd Meeting Date: 
September 25, 2024
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1162892 
as proposed by the owner of the property located at 25818 North 8th 
Avenue, Phoenix, Arizona 85085 and being identified as Assessor Parcel 
Number 210-12-018C.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1162892, lying in the 
Northeast quarter of Section 06 – T4N, R3E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows:
The West 33 feet together with the North 33 feet of the S2SE4SE4NE4 of said 
Section 06. EXCEPT the South 185 feet thereof; ALSO EXCEPT the East 350 
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 September 2023, and results sent to the applicant in October 
2023. The Application was circulated in review in May 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