2023-05-25_PAB-0220-REPORT-TO-BOS.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0220 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 
#1149613 as proposed by the owner of the property located in the 
general vicinity of Park View Lane and 19th Avenue and being 
identified as Assessor Parcel Number 210-07-025B.
Department Recommendation:
Having received no objection MCDOT recommends the following: 
Abandon that portion of the easement described in Patent 1149613, 
lying in the Northwest quarter of Section 7 – T4N, R3E, of the Gila 
and Salt River Meridian, Maricopa County, Arizona being described 
as follows: The East 33 feet together with the East 8 feet of the West 
33 feet of NE4 SW4 SE4 NW4 of said Section 7. EXCEPT any portion 
lying within the North 33 feet thereof.   
Presented by: Jesse Guttierrez, 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

Page 2
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 April 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