PAB-0229 REPORT TO BOS - UPDATED FOR PUBLIC COMMENT.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0229 Federal Patent Easement Abandonment
1st Meeting Date: 
February 28, 2024
2nd Meeting Date: 
May 8, 2024
Supervisor District: 
2
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 1199041 
as proposed by the owner of the property located at 30409 North 56th Street, 
Cave Creek, Arizona 85331 and being identified as Assessor Parcel Number 
211-45-065B.
Department Recommendation:
Having received one resident objection, MCDOT recommends the following: 
Abandon that portion of the easement described in Patent 1199041, lying in 
the Southwest quarter of Section 21 – T5N, R4E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: The North 13 
feet of South 33 feet of the property described in the Warranty Deed on file 
with the Maricopa County Recorder’s Office instrument no. 2001-0180203.   
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 December 2022, and results sent to the applicant in January

Page 2
2023. The Application was circulated in review in August 2023. MCDOT has 
received no objections.
MCDOT has received one public objection on March 15, 2024. The resident 
raised concerns that the applicant’s fence will encumber traffic and the 
existing power poles will be located within the fenced yard. Note: MCDOT has 
reviewed this public objection and determined the requested abandonment 
will not impact access or place an additional burden on abutting owners as 
Milton Drive is classified as a private roadway/drive.  A private roadway/drive 
only requires a minimum 24 feet of pavement per the MCDOT Roadway 
Design Manual, Section 7.6.4. If this abandonment is successful a total of 53-
foot easement will remain for Milton Drive, when accounting for the 33 feet 
on the south parcel.  If the south parcel applies for an abandonment, they will 
be held to the 20 feet requirement making a total of 40 feet of easement, 
which is more than adequate for a local private roadway/drive.  Additionally, 
this requested abandonment does not extend fully to 56th Street, and will 
protect the intersection and turning movements for all vehicles.
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