2023-09-06_PAB-0235- PC 314 - REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0235 Federal Patent Easement Abandonment
1st Meeting Date: 
September 27, 2023
2nd Meeting Date: 
December 6, 2023
Supervisor District: 
2
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1175802 
as proposed by the owner of the property located at 6700 East Windstone 
Trail, Cave Creek, Arizona 85331 and being identified as Assessor Parcel 
Number 216-67-040A.
Department Recommendation:
Having received no objection MCDOT recommends the following: Abandon 
that portion of the easement described in Patent 1175802, lying in the 
Southwest quarter of Section 22 – T5N, R4E, of the Gila and Salt River 
Meridian, Maricopa County, Arizona being described as follows:
The East 23 of the West 33 feet of the Southwest quarter of the Southeast 
quarter of the Northeast quarter of the Southwest quarter of said Section 22.
EXCEPT the South 54 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 April of 2023, and results sent to the applicant in April 2023. 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

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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