PAB-0222 REPORT TO BOS - 20230809.DOCX

Report to the Board of Supervisors
Prepared by the Maricopa County Department of Transportation
Case Number/Title: 
PAB-0222 Federal Patent Easement Abandonment
1st Meeting Date: 
May 10, 2023
2nd Meeting Date: 
July 26, 2023
3rd Meeting Date: 
August 9, 2023
Supervisor District: 
3
Applicant: 
Department of Transportation 
Request:
Approve the abandonment of that portion of the Patent Easement #1184995 
as proposed by the owner of the property located in the general vicinity of 
Quartz Rock Road and 3rd Avenue and being identified as Assessor Parcel 
Number 210-13-034B.
Department Recommendation:
Having received three objections from abutting owners, MCDOT has revised 
the abandonment request to the following: Abandon that portion of the 
easement described in Patent 1184995, lying in the Northwest quarter of 
Section 5 – T4N, R3E, of the Gila and Salt River Meridian, Maricopa County, 
Arizona being described as follows: 
Commencing at the Southwest corner of Assessor’s Parcel Number 210-13-
034B as described in Deed Instrument No. 2021-0628176 Maricopa County 
Records; 
Thence North 01°23'49" West, for a distance of 25.01 feet to the Point of 
Beginning; 
Thence North 01°23'49" West, for a distance of 8.00 feet; 
Thence South 89°31'34" East, for a distance of 141.98 feet; 
Thence North 01°23'48" West, for a distance of 296.97 feet; 
Thence South 10°46'41" East, for a distance of 116.56 feet; 
Thence South 01°23'48" East, for a distance of 190.59 feet;

Thence North 89°31'34" West, for a distance of 160.99 feet to the Point of 
Beginning. 
The above described parcel contains 5,844 square feet or 0.1342 acres, more 
or less, and is depicted on attached Exhibit "B". 
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 September of 2022, and results sent to the applicant in October 
of 2022. The Application was circulated in review in February of 2023. MCDOT 
has received objections from abutting owners, and the objections have been 
resolved based upon the revised abandonment request.  
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