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

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 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 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