2024-02-08 --PC 557-PAB-0245-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0245 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 1206507 
as proposed by the owner of the property located in the general vicinity of 
62nd Street and Skinner Drive, Cave Creek, Arizona 85331 and being identified 
as Assessor Parcel Number 211-44-111.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1206507, lying in a portion 
of the Northeast quarter of Section 28 – T5N, R4E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows: The East 20 
feet of the West 33 feet except the South 8 feet together with the North 25 
feet of the South 33 feet except the West 33 feet of the SW4 NW4 SE4 NE4 of 
said Section 28.   
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

Page 2
for review in September 2023, and results sent to the applicant in October 
2023. 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