2023-07-05_PAB-0228-REPORT-TO-BOS (1).DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0228 Federal Patent Easement Abandonment
1st Meeting Date: 
July 26, 2023
2nd Meeting Date: 
September 27, 2023
Supervisor District: 
4
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 
#1201751 as proposed by the owner of the property located at 26329 
North 113th Avenue, Peoria, Arizona 85383 and being identified as 
Assessor Parcel Number 201-21-015C.
Department Recommendation:
Having received one objection MCDOT recommends the following: 
Abandon that portion of the easement described in Patent 1201751, 
lying in the Northwest quarter of Section 6 – T4N, R1E, of the Gila 
and Salt River Meridian, Maricopa County, Arizona being described 
as follows: 
The North 33 feet and the East 33 feet of the East 360.00 feet of the 
North one half of General Land Office (GLO) Lot 23 of said Section, 
all within Assessor’s Parcel Number 201-21-015C as described in Deed 
Instrument No. 2020-0445049 Maricopa County Records, except the 
East 12 feet thereof.   
Presented by: Jesse Guttierrez, P.E,

Page 2
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 December of 2022, and 
results sent to the applicant in December of 2022. The Application 
was circulated in review in May of 2023. The following responses 
were received:  
Agency – City of Peoria objects to the abandonment of the patent 
easement along the 112th Avenue alignment unless replaced with a 
25’ right-of-way and 8’ Public Utility Easement to establish a local 
half street. Note: MCDOT has reviewed this objection and determined 
112th Avenue is classified as a private drive only requiring 12’ of the 
Patent Easement to remain per the MCDOT Roadway Design Manual, 
Section 7.6.4. This will allow access to remain for parcels to the 
south.
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