2023-05-25_PAB-0224-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0224 Federal Patent Easement Abandonment
1st Meeting Date: 
June 14, 2023
2nd Meeting Date: 
August 23, 2023
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement 
#1174984 as proposed by the owner of the property located in the 
general vicinity of 19th Avenue and Jomax Road and being identified 
as Assessor Parcel Number 210-11-025X.
Department Recommendation:
Having received no objection MCDOT recommends the following: 
Abandon that portion of the easement described in Patent 1174984, 
lying in General Land Office (GLO) Lot 22 of Section 06 – T4N, R3E, of 
the Gila and Salt River Meridian, Maricopa County, Arizona being 
described as follows: 
The East 33 feet, except the North 90 feet, together with the South 
33 feet of the East 274.33 feet as depicted in recorded instrument 
No. 2019-0170498 on file with the Maricopa County Recorder’s 
Office.   
Presented by: Jesse Guttierrez, 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 September of 2022, and 
results sent to the applicant in October of 2022. The Application was 
circulated in review in March 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