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.

Page 2
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
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