2024-02-22 --PC 575 - PAB-0236-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0236 Federal Patent Easement Abandonment
1st Meeting Date: 
March 13, 2024
2nd Meeting Date: 
May 22, 2024
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 1175461 
as proposed by the owner of the property located at 317 West Jomax Road, 
Phoenix, Arizona 85085 and being identified as Assessor Parcel Number 210-
13-003B.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1175461, lying in General 
Land Office Lot 17 of the Northwest quarter of Section 5 – T4N, R3E, of the 
Gila and Salt River Meridian, Maricopa County, Arizona being described as 
follows: The East 33 feet of said Lot 17. EXCEPT the North 90 feet as described 
in City of Phoenix Ordinance G1829 in Docket 12992 Page 1312 and City of 
Phoenix Ordinance G3252 in Instrument Number 1989-0308858, both on file 
with the Maricopa County Recorder. ALSO EXCEPT the following: Beginning at 
the Southeast corner of said Lot 17; Thence South 89°47'56" West, for a 
distance of 33.01 feet; Thence North 01°29'52" West, for a distance of 24.67 
feet; Thence North 17°28'17" East, for a distance of 54.70 feet; Thence North 
89°53'54" East, for a distance of 12.36 feet; Thence North 00°06'13" West, for 
a distance of 39.03 feet; Thence North 17°28'17" East, for a distance of 5.89 
feet; Thence South 01°29'52" East, for a distance of 121.43 feet to the Point of

Page 2
Beginning.
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 June 2023, and results sent to the applicant in June 2023. The 
Application was circulated in review in December 2023. 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