2024-03-21 - PC 627 - PAB-0248-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0248 Federal Patent Easement Abandonment
1st Meeting Date: 
April 10, 2024
2nd Meeting Date: 
June 12, 2024
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1160534 
as proposed by the owner of the property located at 48009 North Kelly Road, 
New River, Arizona 85087 and being identified as Assessor Parcel Number 
202-11-013C.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1160534, lying in Lot 8 of 
Section 26 – T7N, R2E, of the Gila and Salt River Meridian, Maricopa County, 
Arizona being described as follows: The North 33 feet, East 33 feet and 
South 33 feet of said Lot 8. EXCEPT any portion lying in the West 300 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 September 2023, and results sent to the applicant in October 
2023. The Application was circulated in review in February 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

Page 2
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