2024-04-17 -PC 678 - PAB-0257-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0257 Federal Patent Easement Abandonment
1st Meeting Date: 
May 8, 2024
2nd Meeting Date: 
July 26, 2024
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easements 1175103, 
1186275, 1193995, and 1200677 as proposed by the owner of the properties 
located in the general vicinity of Cave Creek Road and Yolantha Street and 
being identified as Assessor Parcel Numbers 211-46-026 and 211-46-032B.
Department Recommendation:
Having received no objection, MCDOT recommends the following:
Abandon that portion of the easements described in Patents 1175103, 
1186275, 1193995, 1200677 lying in the Northeast quarter of Section 8 – 
T5N, R4E, of the Gila and Salt River Meridian, Maricopa County, Arizona 
being described as follows:
1193995:
The North 33 feet of the Northwest quarter of the Southwest quarter of the 
Southwest quarter of the Northeast quarter EXCEPT the West 33 feet;
1200677:
The South 33 feet of the Southwest quarter of the Northwest quarter of the 
Southwest quarter of the Northeast quarter EXCEPT the West 33 feet;
1186275:
The South 33 feet of the Southeast quarter of the Northwest quarter of the 
Southwest quarter of the Northeast quarter EXCEPT any portion lying within 
the parcel described in instrument 1999-0891110 as recorded in Maricopa 
County Records;
1175103:
The North 33 feet and the East 33 of the Northeast quarter of the Southwest 
quarter of the Southwest quarter of the Northeast quarter EXCEPT any 
portion lying within the parcel described in instrument 2001-0816599 
Maricopa County Records. ALSO EXCEPT any portion lying within the City of

Page 2
Cave Creek as described in Annexation Ordinance 89-12 in instrument 1992-
274753 as recorded in Maricopa County Records.   
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 2023, and results sent to the applicant in January 
2024. 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 
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