2024-02-08 -PC 559- PAB-0226-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0226 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 1192682 
as proposed by the owner of the property located at located in the general 
vicinity of 64th Street and Ocupado Drive, Cave Creek, Arizona 85331 and 
being identified as Assessor Parcel Number 216-50-036.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1192682, lying in the 
Northwest quarter of Section 15 – T5N, R4E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: The East 33 
feet of Except the North 18 feet together with the South 15 feet of the North 
33 feet of the NE4 NW4 SW4 NW4 of said Section 15.   
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 November 2022, and results sent to the applicant in November

Page 2
2022. 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