2024-03-21 -PC 623 -PAB-0241-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0241 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 1144864 
as proposed by the owner of the property located at 711 West Happy Valley 
Road, Phoenix, Arizona 85085 and being identified as Assessor Parcel 
Number 210-08-015D.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1144864, lying in the 
Northeast quarter of Section 7 – T4N, R3E, of the Gila and Salt River Meridian, 
Maricopa County, Arizona being described as follows: The West 33 feet of the 
East ½ of the Northeast ¼ of the Northeast ¼ of the Northeast ¼ of said 
Section 7. EXCEPT the South 271 feet as described in the Warranty Deed 
recorded in 1993-0535380 on file with the Maricopa County Recorder’s 
Office. AND EXCEPT the North 55 feet as described in the City of Phoenix 
Ordinance S-35520 recorded in 2009-0102215 on file with the Maricopa 
County Recorder’s Office. AND EXCEPT the South 20 feet of the North 75 feet 
of said West 33 feet.
Presented by: Jesse Gutierrez, P.E, 
Director of Transportation

Page 2
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 August 2023, and results sent to the applicant in August 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