2024-07-02 - PC 819 -PAB-0249-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0249 Federal Patent Easement Abandonment
1st Meeting Date: 
July 24, 2024
2nd Meeting Date: 
September 25, 2024
Supervisor District: 
5
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1215549 
as proposed by the owner of the property located at 19411 West Tano Street, 
Buckeye, Arizona 85326 and being identified as Assessor Parcel Number 400-
53-034B.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1215549, lying in the 
Northwest quarter of Section 21 – T1S, R2W, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows:
The West 15 feet of the East 40 feet EXCEPT the North 25 feet. Together with 
the South 15 feet of the North 40 feet EXCEPT the East 40 feet and ALSO 
EXCEPT the West 145 feet of the NE4SW4SW4NW4 of said Section 21.
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 October 2023, and results sent to the applicant in November 
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