2024-02-08 -PC 558 - PAB-0237-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0237 Federal Patent Easement Abandonment
1st Meeting Date: 
February 28, 2024
2nd Meeting Date: 
May 8, 2024
Supervisor District: 
4
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1207030 
as proposed by the owner of the property located at 4564 East Evans Drive, 
Phoenix, Arizona 85032 and being identified as Assessor Parcel Number 201-
08-042.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1207030, lying in the 
Southeast quarter of Section 8 – T4N, R1E, of the Gila and Salt River Meridian, 
Maricopa County, Arizona being described as follows: The West 33 feet 
together with the East 33 feet of the N½NW¼NE¼SE¼ of said Section 8.  
EXCEPT the North 33 feet of Pat. No. 1207030 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 July 2023, and results sent to the applicant in July 2023. The

Page 2
Application was circulated in review in November 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