2024-02-22 --PC 577-- PAB-0244-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0244 Federal Patent Easement Abandonment
1st Meeting Date: 
March 13, 2024
2nd Meeting Date: 
May 22, 2024
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easements 1145632 
and 1148891 as proposed by the owner of the property located at 1022 West 
Park View Lane, Arizona 85085 and being identified as Assessor Parcel 
Number 210-08-008C.
Department Recommendation:
Having received no objection, MCDOT recommends the following: Abandon 
that portion of two easements described in Patent 1145632 and Patent 
1148891, lying in the Northeast quarter of Section 7 – T4N, R3E, of the Gila 
and Salt River Meridian, Maricopa County, Arizona being described as 
follows: Patent 1145632 - The West 33 feet, the South 33 feet and the East 
33 of the Southwest ¼ of the Northwest ¼ of the Southeast ¼ of the 
Northeast ¼ of said Section 7. EXCEPT the West 25 feet thereof. Patent 
1148891 - The West 33 feet, the North 33 feet and the East 33 feet of the 
West ½ of the Southwest ¼ of the Southeast ¼ of the Northeast ¼ of said 
Section 7. EXCEPT the West 25 feet thereof. ALSO EXCEPT the South 33 
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 December 2023. MCDOT

Page 2
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