PAB-0095 PATENT EASEMENT ABANDONMENT APPLICATION.PDF

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
2901 W. Durango Street • Phoenix AZ 85009
Phon_e_;--(60-2) 506-4176
„-
PATENT EASEMENT ABANDONMENT APPLICATION 10c
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Contact Information
Applicant Name: R.‘ck(Ar 6\-Loc.c.A PAB Number:\4\1XK.5.-
Mailing Address: as-1)s-) A.) A
City: State: IN -Z____ Zip: O
(00), Ir C (N-•
Phone ( Coin) er 9 Email: i-ei-t_re3 c rIn
Parcel Detail
10 0/1‘_- -+
Assessor's Parcel Number: „,),I0 - 10 - otip
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
3 51 i floe_ A irpc Pc `-je
2. Description of Request: (ex: Abandon Easement bordering the South side of parcel 123-45-06772
oiv — e.11 -1% CC._ e ,1/4 ke_ of ce_
.cre.kirc_ 33 es...se_rvNetj or koNt. 1^" E e-+ t pd si cJ (OD o
territi N r,_ (Is
3. Applicant is REQUIRED to be the current owner of the described property. A copy of your property deed
must be attached to the application.
I certify, under penalty of perjury, that no loss of currently existing legal and physical access to any property
will occur if the County grants the patent easement abandonment requested in this application.
4. If you have a mortgage, deed of trust, upon your property you are REQUIRED to provide a letter from the
lender approving your request to abandon a patent easement. Applications submitted without lender approval
will not be processed. If you don't have a mortgage or deed of trust on the subject property, you will need
to sign, before a notary, the affidavit below attesting to that status.
attest that I own the subject property and that it is not encumbered by
mortgage or deed of trust.
Subscribed and sworn to before me this My Commission Expires:
day of ,20
Notary Public
Signature
vi L ( /
Signature of Applic iIt Date
Maricopa County Use Only
Application Fee*: $1,600
Check #: Total Received: Date: Rec'd By:
*Application Fee will be $1,350 ($1,600 less $250) if Initial Determination letter is provided; demonstrating an initial review
of the parcel was conducted by the County within the last six months. The application fee is NOT refundable. Make checks
payable to: MCDOT 2901 West Durango Street Phoenix, AZ 85009.

July 29, 2019
MCDOT
2901 W. Durango St.
Phoenix, AZ 85009
RE: PAR #0095
210-10-011D - 1611 W. Yearling Rd
210-10-011C - 25657 N. 17 th Avenue
To Whom It May Concern;
We are submitting our Patent Easement Abandonment Application with the following modification to
satisfy the Objection raised by APS as to the original north footage request submitted with our initial
application.
Per Mr. James Generoso (James.Generoso(&,aps.com )
in an email (see attached) on February 20, he would remove his initial objection if we modified the
request to read" 210-10-011D, abandon Patent easement on the North side for 220' from the east
property line heading west" Whch we have done on this final application.
So to be clear, we are requesting a Patent Easement Abandonment (PAB 14 0095) for the following
210-10-011C —Abandon the 33' Easement on the entire South side of this parcel
210-10-011D — Abandon the 33' Easement on the entire South side of this parcel, Abandon the 33'
Easement on the entire East side of this parcel, Abandon 220' of the North Easement from the East
property line towards the West.
In reference to the MCDOT objection as to footage requested for 210-10-011D, it is our understanding
the our neighboring property, 210-10-025F, was granted full abandonment of their easement on their
West and North sides, to us that inidicates MCDOT has no need of that easement for any future
purposes and we see no reason we should not receive the san consideration.
Regards,
Richard Brodie & Laurel Brodie
25657 N. 17th Ave
Phoenix, AZ 85085
Property Owner 210-10-011D & 210-10-011C
602-620-6400
rick@clearskies.com

Rick Thank east Mr. First Thank Dear A This Subject: Cc: To: Sent: From: APS James easterly To Date Cc To From Subject
needed assumption Cl) sender confirm
602-620-6400 Brodie you property for Generoso 210-10-011C my you Mr. and e-mail Re: Generoso, Monday, Generoso 220) RE:
had is 8i apologies for Generoso, Cgapse.com. know is rick@clearskies.com James laurel@dearskies.com then my phone 2019-02-20
line easement. been also 011D, your the from abandonment February APS <rick@clearskies.com abandonment
heading If that to all, prompt content an ***CAUTION*** ; 18, will conversation 08:45 <OraleeYoung@mail.maricopa.gov <3ames.Generoso@aps.com
it is as correct which Mr. parcells 2019 remove
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earlier
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would strictly assumption, to be if he >,
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abandonment our attachments
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-

UnFifth Third Bank
July 12, 2019 3uv. 3 \ 2.01r)
RICHARD BRODIE
LAUREL BRODIE
25657N 17TH AVE
PHOENIX, AZ 85085
Mortgage Loan # xxxx4551
APPROVAL FOR COUNTY ABANDONMENT OF EASEMENT
Fifth Third Bank servicer together with MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., ("MERS"), AS NOMINEE FOR GUARANTEED RATE, INC.,
BENEFICIARY OF THE SECURITY INSTRUMENT, ITS SUCCESSORS AND ASSIGNS,
has Deed of Trust on the property located at 25657 N 17TH AVE, PHOENIX, AZ 85085, dated
June 13, 2014, recorded June 20, 2014 Instrument Number 20140405225, file 140577783SJ-15-
2-2--,N , Maricopa County, State of Arizona, for the original amount of $300,000.00. It is the
intention of Fifth Third Bank to allow the Maricopa County the abandonment of the easement
on the south side of the property as described in the below legal description within Maricopa
County, Arizona. It is Fifth Third's intention to include as part of the legal description of that
lien and operation of that mortgage the South side easement on the following real estate
described as:
LEGAL DESCRIPTION OF PROPERTY ON WHICH SUBJECT EASEMENT LIES:
THE WEST HALF OF THE NORTH HALF OF THE NORTH-WEST QUARTER OF THE
NORTH-EAST QUARTER OF THE SOUTH-WEST QUARTER OF SECTION 6,
TOWNSHIP 4 NORTH, RANGE 3EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA
PARCEL : 210-10-011-C
ALSO KNOWN AS: 25657 N 17TH AYE, PHOENIX, ARIZONA 85985
Provided however, that this approval shall not be construed to waive, or in any manner affect or
invalidate the lien of the above described Deed of Trust on the remaining real estate described,
nor the rights of the undersigned upon the Note thereby secured.

giFifth Third Bank
Nothing contained within this Approval shall operate to alter, change or modify the terms,
provisions or conditions of the Deed of Trust, or to release or affect the validity or priority of the
lien, security interest and other rights of the Lender arising under or by virtue of the Deed of
Trust. The lien, security interest and other rights of the Lender to the mortgaged property by
virtue of the Deed of Trust shall not be affected in any manner by the execution of this Approval.
z4
MORTGA ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS"), AS NOMINEE
FOR GU NT4D RATE, INC., BENEFICIARY OF THE SECURITY INSTRUMENT, ITS
SUCCEs ORS AND ASSIGNS.
Aaron Marcheski
Assistan Vice President
STATE OF Ohio
SS:
COUNTY Hamilton
Before me, a Notary Public in and for said County and State, personally appeared
AcJon In 6' 1 ( Qh Vt , who executed the foregoing instrument and
acknowledged that he did examine and read the same and did sign the foregoing
instrument, and acknowledged that such act is his or her act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
seal on this I Cr day of -:5L.)1 , 2019
PIct ek---41/53
Notary Public
My Commission Expires: / S / 13 1
RACHEL L LUTCHIN
Notary Public, Stale of Ohio
My Commission Expires
May 18, 2021

Warramy Deed Page 1 of 2
RECORDING REQUESTED BY Document
DR1GGS TITLE AGENCY, INC. 20
WHEN RECORDED MAIL TO:
Richard Brodie and Laurel Brodie 14
25657 N 17th Avenue Yo
Phoenix, AZ 85085
Escrow No. 14-05-77783SJ
e_dtternp 74- Warranty Deed
/0
For the consideration of Ten Dollars, and other valuable considerations, I or we, LAUREL PRICE BRODIE , A
. MARRIED WOMAN as grantors do/does hereby convey to
Richard Brodie, and Laurel Brodie, husband and wife as community property with rights of survivorship
as grantees the following real property situated in Maricopa County, Arizona:
SEE EXHIBIT "A" ATTACHED
SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements, rights of way,
encumbrances, liens, covenants, conditions, restrictions, obligations, and liabilities as may appear of record. And I or we
do warrant the title against all persons whomsoever, subject to the matters set forth above.
Dated: June 13, 2014
Grantor:
t--
ied/(.4r)
• *LAUREL PRICE BRODIE
State of ARIZONA) ss:
County of MAR1COPA) ss:
On \..)14/4L 11411 001+ , before me the undersigned
personally appearedgpersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.
Signature My Commission Expires
SAMANTHA K. GALBREATH/
Notary Public - Arizona
MARICOPA COUNTY
My Commission Expires
March 6, 2011

Acceptance of Community Property with Right of Survivorship
Each being first duly sworn upon oath each for himself or herself and jointly but not one for the other deposes and says,
THAT I am one of the Grantees named in that certain Deed attached hereto and which is dated June 13, 2014, and
executed by Laurel Price Brodie as Grantors, to Richard Brodie and Laurel Brodie, as Grantees, and which conveys
certain premises described as:
1W 3 1 ?019
The West half of the North half of the North-West quarter of the North-East quarter of the South-Weg quarter of Section
6, Township 4 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.
APN: 210-10-011C
To the Grantees named therein, not as Tenants in Common, not as Community Property Estate, not as Joint Tenants with
Full Right of Survivorship, but as Community Property with Full Right of Survivorship.
THAT each of us individually and jointly as Grantees hereby asserts and affirms that it is our intention to accept said
conveyance as such Community Property with Full Right of Survivorship and to acquire any interest we may have in said
premises under the terms of said Deed as Community Property with Right of Survivorship.
Dated June 13, 2014
tkoffistal Document
Laurel Brodie
State of ARIZONA) ss:
County of MARICOPA) ss:
On JUA,&11/1)01 4+ , before me the undersignedRAMOCOrtf" 610/1 401-1/1
personally appeared Richard Brodie and Laurel Brodie personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand qnd official seal.
Signature My Commission Expires
SAMANTHA K. GALBREATH
Notary Public - Arizona
MARICOPA COUNTY
My Commission Expires
March 5, 2017

Warranty Deed ** Page 2 of 2
Exhibit "A"
The West half of the North half of the North-West quarter of the North-East quarter of the South-West quarter of Section
6, Township 4 North, Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.
APN: 210-10-011C
Urofilcial Document

Naperville Operattions Center
BMO ilanis Bank 1200 E. Warrenville Road
Naperville, 1L 60563
TeL 888-340-2265
Welt here to help.
July 16, 2019
?_019
Maricopa County, AZ
Richard and Laurel Brodie
RE 1611 W. Yearling Rd., Phoenix, AZ
Abandonment of Easement
Ladies and Gentlemen:
BMO Harris Bank N.A. has reviewed the attached Patent Easement Abandonment Application, and
approves the request.
Sincerely,
Deborzill,We'2niak
Senior Manager, Specialized Credit Team
WO Harris Bank
MILS 40 1.119

unomuoi
Document
WHEN RECORDED, RETURN TO:
WARNOCK, MAcKINLAY, & ASSOCIATES, PLLC 2006-1406235 10/25/06 09:43 AM
Attention: Diana L. Kircher 5 OF 8
2525 East Camelback Road, Suite 900 HENSLEYE
Phoenix, Arizona 85016
QUIT-CLAIM DEED
FOR THE CONSIDERATION OF TEN DOLLARS ($10.00), and other valuable
consideration, RICHARD BRODIE, Successor Trustee of the Ralph Brodie Trust, created by
Ralph Brodie, Deceased, does hereby quit - claim to RICHARD BRODIE and LAUREL PRICE
BRODIE, husband and wife, as joint tenants with right of survivorship, all right, title, or interest in
the following real property situated in Maricopa County, Arizona:
The East half of the North half of the Northwest Quarter of the
Northeast Quarter of the Southwest Quarter of Section 6, Township
4 North, Range Three East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona
(Parcel ID Number: 210-10-011D)
[Affidavit and fee exempted pursuant to A.R.S. § 11-1134(b)(3)]
Dated this t bday of June, 2005.
"GRANTOR"
fee4;
RICHARD BRODIE, Suecessor Trustee of the
Ralph Brodie Trust, created by Ralph Brodie,
Deceased
STATE OF ARIZONA fagioR "OFFICIAL Carol 8. Bolos
) ss. wary Public•Afitana
County of Maricopa mariaoPe _Zen
The foregoing instrument was acknowledged before me this the 914- day of
June, 2005, by RICHARD BRODIE, Grantor, for the purposes therein containedr—\
Notary—PuBlic
My Commission Expires: )00 0, )
-

Maricopa County
Department of Transportation
Transportation Systems February 6, 2019 30, 3 A 20
Management Division
2901 W. Durango Strcd- Richard Brodie
Phoenix, AZ 851H19 25657 North 17th Avenue
Phone: 602-506-8676
602-506-8758 Phoenix, Arizona 85085
www.mcdot.maricopa.gor
Dear Richard Brodie,
The Maricopa County Department of Transportation (MCDOT) has completed the
Initial Determination for potential abandonment of the Federal Patent Easement on
the property identified as Assessor Parcels 210-10-011C and 210-10-011D, tracking
No. PAB-0095. MCDOT has received the following Objections:
MCDOT Objection: APN 210-10-011D Systems Planning objects to full abandonment
of the north and east sides of the Patent Easement. However, MCDOT would support
abandonment to 25 feet for both the north and east sides. MCDOT has no objection
to the full abandonment of the south side (excluding the east 25 feet). MCDOT
contact: Bob Woodring by phone 602-506-8326 or email,
bobwoodring@mail.maricopa.gov .
Utilities Objection: APS objects to the abandonment of the north 33' along parcel
210-10-011D. It appears APS has overhead electric facilities within a portion of the
abandonment area. APS will rescind this objection if a replacement easement is
provided for the existing and future electric facilities. APS contact: James Generoso,
by phone 602-371-7847 or email, jarnes.generoso@aps.com .
Maricopa County Ordinance P-34, Section 5d, states that no abandonment of a patent
easement can occur over objection from any utility. You may view this Ordinance at
htto://www.mcdot.maricopa.gov/easements/home.htm, click on the "Ordinance P-
34" hyperlink. A utility has objected and you will need to contact the indicated
representative to resolve the objection.
After the objections have been addressed, proceed to the MCDOT website
(https://www.maricooa.gov/775/Abandonment-of-Patent-Easements) for the next
steps in the Patent Easement Abandonment process.
NOTE: Be advised, all reviewing entities reserve the right to change their original
review position, which may affect the final recommendation to the Board of
Supervisors to approve or deny the application.
Sincerely,
)
Oralee Young — Administrative Assistant
Maricopa County Department of Transportation
Phone: 602-506-4631

Section
Permitting
Trans.Act.No
1698
wwww.mcdot.maricopa.gov
7/31/2019 Credit ChkNo MONo Amount $1,350.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,350.00
Cash Li 1Crd 7
Date:
-
011D
// THE TOTAL
PARCEL ON
AMR 220'
THE &
OF SIDES WEST
By SIDE 506-4009
RECEIPT Receipt SOUTH PARCEL GOING (602)
BRODIE City PHX EAST LINE No
THE & Fax
LAUREL ON PROPERY
SOUTH
// EASEMENT Description
BRODIE THE EAST
Name 33' ON THE
AZ
Payer RICHARD Zip 85085 ENTIRE EASEMENT FROM AZ PHX
TRANSPORTATION STREET 1 PHX //
85009 THE 33' PARCEL // RD
4492 AVE -8609
COUNTY OF DURANGO ARIZONA ABANDON ENTIRE THE 17TH YEARLING 506
AVE - THE OF 210-10-011C 210-10-0110 N W (602)
MARICOPA DEPARTMENT WEST PHOENIX, No. 2019 17TH N 011C SIDE 25657 1611 No.
2901 Receipt PS Address 25657 State Comments: // PAB ABANDON NORTH APN: APN: LOC: LOC: Phone
AZ