2023-09-05_PAB-0225-PC 310 REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0225 Federal Patent Easement Abandonment
1st Meeting Date: 
September 27, 2023
2nd Meeting Date: 
December 6, 2023
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement # 1173276 
and # 1183147 as proposed by the owners of the properties located at 208 
West Briles Road, Phoenix, Arizona 85085 and 145 West Briles Road, 
Phoenix, Arizona 85085 and being identified as Assessor Parcel Numbers 
210-13-020, 210-13-049A, and 210-13-49B.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon 
that portion of the easement described in Patents 1173276 and 1183147 
lying in the Northwest quarter of Section 5 – T4N, R3E, of the Gila and Salt 
River Meridian, Maricopa County, Arizona being described as follows:
Patent 1173276
The North 33 feet together with the East 33 feet of the Northeast Quarter of 
the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of 
said Section 5.
EXCEPT the North 12 feet and the East 12 feet thereof.
Patent 1183147
The South 33 feet together with the East 33 feet of Government Lot 26 of said 
Section 5.
EXCEPT the South 12 feet and the East 12 feet thereof.   
Presented by: Jesse Gutierrez, P.E, 
Director of Transportation

Page 2
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 of 2022, and results sent to the applicant in 
November of 2022. The Application was circulated in review in June of 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