PAB-0035 SUPPORTING DOCS.PDF

Maricopa County — Formal (2016-10-19)

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APPLICATION
PROOF OF OWNERSHIP
APPLICATION RESPONSE CHECKLIST

)ECEOW
I
Maricopa County Department of Transportation
AUG 2 zi 2016 Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
MC DOT. Phone: (602) 506-8609 • Fax: (602) 506-4009
di..
PATENT EASEMENT ABANDONMENT APPLICATION
Applicant Name: Trackin g NO: PAB- Oort5-
Mailing Address: Z E A 1/Z J.._
CitY0,14k7 STATE: 47 ZIP: ,533 k
Telephone: 0,1,_51131.._ 1 7. 3
Email: fa, -PP \ Fax No: 14 14 ?4. _
PARCEL DETAIL
Assessor's Parcel Number: 1,9-0214 LE
1. Location of Re q uest: (ex: 3200 W. Dove Valle y Road, Phoenix)
IL tu z_z4
2. Description of Request: (ex: Abandon Eas ment borderin g the south si e of parcel 1.23:45,-067A) -
eee.5,f- 5-eic-e. 4-74
jcwre-e-e .g// -6,9 -c).9 ', / a6Ittlez_46-fr,fryw:j,L4- ie)9}.311- /69 CC
3. Applicant is REQ UIRED to be the current owner of the described property. A copy of your property deed must
be attached to the 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.
5. 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.
1, i/ I attest that I own the subj ect property and that it is not encumbered by
mortgage or deed of trust.
SUBSCRIBED AND SWORN to before me this My Commission Expires:
EI:=1.111MMIEM1111111
Date ?—
Spfnature/6f Applicant —
NOTE: The application fee is NOT refundable.
THIS PORTION TO BE COMPLETED BY MCDOT
Received By :
Application Fee: $1,600.00' Total Received: era
Check #: Date:
Make check payable to: MCDOT
2901 West Duran go Street r2,24
Phoenix, AZ 85009 S -zb1(p-2 -74? 3
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.

2 1 L LAI -17 ( xe ,
WHEN RECORDED RETURN TO: dri LA
.JR Fantin Homes
.2802 E Cloud Rd
.Cave Creek, AZ 85331
QUIT CLAIM DEED
Exempt Per ARS 11-1134B6 .
For the consideration of: Ten Dollars, and other valuable considerations, I or we,
,MAD Lands, LLC,. an Arizona limited liability company
Conveys and quit claims to
Fantin Homes, LLC, a Utah limited liability company
All the right, title, or interest in the following real property situated in Maricopa County,
Arizona:
.See attached legal description
DATED: (...0 —1(Q
State of Arizona
County of Maricopa
On this 3 0 day of 3 2016 before me, the undersigned Notary
Public, personally appeared Mark Deymonaz as Manager of MAD Lands, LLC the
person(s) who signed the foregoing instilment for the purposes therein contained.
NOTAR)./. PUBLIC My Comm. Expires:
DEBORAH STAMILE
Hatay MARICOPA Stast COUNTY of Motet
My Commission Eimires
June 20.2020

Parcel 4
The East 199.25 feet of the South half of the Northeast quarter of the Northeast quarter of
the Northeast quarter of Section 34, Township 6 North Range 3 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona;
EXCEPT all oil, gas and mineral deposits as reserved in Patent to said land recorded in ,
Docket 3199, page 415, records of Maricopa County, Anzona.
RESERVING unto Grantors their heirs, successors and assigns, an easement for ingress,
egress and public and/or private utilities, over the South 20 feet
Parcel 211-69-024E

PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB-0035
A "YES" checked on any item on this list shall result in the letter of Initial Determination stating that pursuant to Section 5 of
County ordinance (P-34) certain criteria do not meet abandonment requirements.
Disqualification Criteria YES NO
Road alignment has been Declared (Sect 5a) x
Road alignment is maintained by MCDOT
Road alignment is needed for future r/w
Prop abandon shares border and is parallel to row dedicated to County or public (Sect 5b) x
Objection from any affected utility, Arizona State land, BLM or BOR (Sect 5d) x
Objection from any Municipality or Tribe, (Sect 5e) x
Statement of fact and Documentation for Items identified as not meeting abandonment requirements:
REVIEWER COMMENT DISQUALIFYING
CRIITERIA
MCDOT Bob Woodring No Objection
Alfred Erives No Response
Denise Lacey No Response
Kevin Kottmer No Objection
Angela Horn No Objection
b COUNTY Michael Norris - P&D No Response
Darren Gerard — P&D No Objection
Dennis Lindsey -Real Estate No Objection
Don Rerick - FCD No Objection
RI Cardin & Kenneth No Objection
Vonderscher - Parks
Bill Wiley - FCD No Objection
c UTILITIES APS No Objection
Century Link No Objection
Cox N/A
SRP N/A
SWG N/A
Scottsdale Water N/A
Town of Cave Creek water No Objection
d GOV AGENCIES N/A
e MUNICIPALITIES / N/A
TRIBES
DATE: 9/27/2016 INIT: MM

AERIAL EXHIBIT
PATENT EASEMENT
REPLACEMENT EASEMENT

DAB-0035 APN: 211-69-024E
Aerial Revised 8/11/2016
ExIs1100' ROW
N of Joy Ranch RD
from Slate Land
doc.1993-0364276
MCDOT prof 16019
COD Road File 4624
OTHER EXISTING
50' PAT EMU
(TYPICAL)
t0016
Existing Patent EStATS
Accepted by BOS
Declaration In
RD file 4249
doc 1987-0189352
PAB-0035 The West 10' 100 EXIST ROW
of the Earl 50'
82 NE4 NE4 NE4 934-6N, 3E
BI— -
1A_,7
CNTY ROW EXIST
RD HAS BEEN DECLARED
RD IS MAINTAINED BY CNTY
EXIST 55' CNTY ESMT
DKT 11340 PG 1077 40; Patent Easement
to remain
211.-
67L
005G
Wr tri
211 211
OrJ
0200 BOSH
;1205852
211
69
n. 031G

(M4.1911) 4-1292
A.rizaaa 016197
Tbe Einiteb ilptate5 of Zinterica,
VJzs nil itutrom pronettfe slytif come, Orgoting:
WHEREAS, a Certificate of the Land Office at nsoconix, &data*,
has been issued showing that full payment has been made by the claimant
Minaret L Mamie
pursuant to the provisions of the Act of Congress approved June 1, 1938 (52 Stat. 609), entitled "An
Act to provide for the purchase of public lands for home and other sites," and the acts supplemental there-
to, for the following-described land:
dila an Sat River lieridian, Artier*.
T. 6 N., 11. 3
fisc. 341 3111Mingigek•
The area described contains 5,00 acres, according to the Official Plat of the Survey of the said Land,
on file in the Bureau of Land Management:
NOW KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, and
in conformity with the several Acts of Congress in such case made and provided, HAS GIVEN AND
GRANTED, and by these presents DOES GIVE AND GRANT unto the said claimant and to the heirs
of the said claimant the Tract above described ; TO HAVE AND TO HOLD the same, together with all
the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the
said claimant and to the heirs and assigns of the said claimant forever; subject to any vested and
accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and
reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local
customs, laws, and decisions of courts; and there is reserved from the lands hereby granted, a right-of-way
thereon for ditches or canals constructed by the authority of the United States. Excepting and reserving,
also, to the United States all oil, gas and other mineral deposits, in the land so patented, together with the
right to prospect for, mine, and remove the same according to the provisions of said Act of June 1, 1938.
This patent is subject to a right-of-way not exceeding 50 feet in width, for roadway and public utilities
purposes, to be located lame taw east boundary or mad lend.
IN TESTIMONY WHEREOF, the undersigned authorized officer of
the Bureau of Land Management, in accordance with the
provisions of the Act of June 17, 1948 (62 Stat., 476), has,
in the name of the UMted States, caused these letters to be
made Patent, and the Seal of the Bureau to be hereunto
affixed.
GIVEN under my hand, in the District of Columbia, the
Triggly—agaggag day of 0010301 in the year of
[SEAL] our Lord one thousand nine hundred and nner..finzg
and of the Independence of the United States the one hundred
and ismarr-pccarm.
For the Director, Bureau of Land Management.
f7
By _
Acting Jehief, Patents Section.
Patent Number 120 0770
era 44 80 31

CenturyLink
Network Real Estate Vs, *-crig
5025 N. Black Canyon Hwy
Phoenix, AZ 85015 CenturyLink
9/13/2016
Approved
Maricopa County DOT
2901 West Durango St.
Phoenix, AZ 85009
SUBJECT: PAB-0035 PUE Abandonment
Project Name: 37612 N. 24th St.
APN: 211-69-024-E
Re: Request for vacation of the utility easement on the east property line of APN 211-69-024-E at
37612 N. 24th St•, Maricopa County, as described in more detail in the application, lying within the
Northwest Quarter of Section 34 Township 6 North, Range 3 East, Gila and Salt River Meridian.
To Whom It May Concern:
QWEST CORPORATION d/b/a CENTURYLINK QC has reviewed the request for the subject vacation
and has determined that it has no objections with respect to the areas proposed for vacation.
It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any other
existing easement or rights we have on this site or in the area.
CenturyLink agrees to the abandonment of the west 10' of the west 50'. CenturyLink is in receipt of the
recorded easement 20160550509 dated 8-3-16 which gives us a 10' easement in this corridor.
This vacation response is submitted with the stipulation that if CenturyLink facilities are found within the
vacated area as described, the Applicant will relocate the facilities at Applicant's expense and within
guidelines set by CenturyLink and all regulating entities. All relocations will be done under the
supervision of a CenturyLink Inspector.
If you have questions or concerns, please call Glady Zeilstra at 480-560-0404.
Sincerely yours,
Karen Caime
Right of Way Agent
Qwest Corporation d/b/a CENTURYLINK QC
APN: 211-69-024-E Leasenet #:P780034
New River WCE: Jesus Arrieta

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
Return to CenturyLink 20160550509 08/03/2016 08:59
Attn: Mary Hutton ELECTRONIC RECORDING
5025 North Black Canyon Hwy
Phoenix, AZ 85015 MCMH080316-4-1-1--
Garciac
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
A1606444/PAB-0035
The undersigned JR Paulin Homes, LLC a Utah limited liability company ("Grantor-) for and in
consideration of' $10.00 and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant and convey unto QWEST CORPORATION D/B/A CENTURY
LINK QC, a Colorado corporation ("Grantee"), whose address is 1801 California St., Suite 5200,
Denver, CO 80202, Attn: Network Vice President, and its successors, assigns, affiliates, lessees,
licensees, and agents, a perpetual easement to construct, reconstruct, modify, change, add to, operate,
maintain, and remove such telecommunications facilities, electrical and gas facilities, and other
appurtenances, from time to time, as Grantee may require upon, over, under and across the following
described property situated in the County of Maricopa, State of Arizona, which Grantor owns
("Easement Area"):
An easement which is described in its entirety on EXHIBIT "A" and "B" which is attached hereto
and by this reference made a part hereof.
Grantor further conveys to Grantee the right of ingress and egress over and across Grantor's lands to and from
the Easement Area and the right to clear and keep cleared all trees and other obstructions as may be
necessary for Grantee's use and enjoyment of the Easement Area.
Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent
exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing
environmental contamination or liabilities or those not caused by Grantee.
Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not
inconsistent with the rights herein granted.
Grantor covenants that Grantor is the fee simple owner of the Easement Area and that Grantor will
warrant and defend title to the Easement Area against all claims.
Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed,
erected, built or permitted on the Easement Area and no change will be made by grading or otherwise to
the surface or subsurface of the Easement Area or to the ground immediately adjacent to the Easement
Area.
The rights, conditions and provisions of this Easement Agreement will run with the land and will inure to the
benefit of and be binding upon Grantor and Grantee and their respective successors and assigns.
RfW# Initials

20160550509
RECORDING INFORMATION ABOVE
GRANTOR(S):
7
JR Fantin omes, LLC a U liability comoan
By:
Name /, 71--,70:4/77
Title:
STATE OF OF A1(411-0VrA,
) ss:
COUNTY OF 11A0-ea a ea
The foregoing instrument was acknowledged before me this 2-7 day of atA1Y
2016, by "31vvt. as 0 Wriest_ of
Witness my hand and official seal:
Notary Public
My commission expires: 0000
DEBORAH STAMILE
Notary Pubro- St* sikkona
MAIMCOPACOUNIY
My Convnisslon Expkee
June 20, 2020
Page 2 of 4
R/W# A16064441PAB-0035
Exchange: CAVE CREEK County: Marieopa
NE % of Section: 34 Township: 6N Range: 3E

20160550509
EXHIBIT "A"
The West 10.00 feet of the East 50.00 feet of the South half of the Northeast quarter
of the Northeast quarter of the Northeast quarter of Section 34, Township 6 North,
Range 3 East of the Gila and Salt River Base and Meridian, Maricopa County,
Arizona.
See Exhibit "Er
EVER ETTALAN
{GROUP}
6300 E. Cave Creek Road, Ste. 202 0 Cave Creek, Arizona 85331
Phone 480.990.0545 0 Fax 480.994.9097 0 www.EverettManGroup.00m
Job No. 151113

20160550509
INIAM90116.
EXHI IT 99 0, 99
69-023C
11-
2 ,4PN 211-69-023E
APN
5890 51'38"E
199.25
50' PATENT FOR ROWY
II DKr. 3199 PG. 415
te)
NEW O.
fr) tf)
EASEMENT 4aoo
—141
211-69-024D
1"-60 .
APN APN 211-69-024E
199.25
S89° 51'49"E
20' YE tir PLIE PER
INS TR. 15-082752811 EXP. 9-30-2016
APN 211-69-027
EVER ETT ALAN 6300 East Cave Creek Road, Suite 202
Cave Creek, Arizona 85331 JOB NO.
(GROUP) Phone 480.990.0545 Fax 480.994.9097 151113
www.EverettAlanGroup.com

September 1, 2016
Michelle Markson
Maricopa County Department of transportation
Engineering Division
2901 W. Durango Street
Phoenix, AZ 85009
RE: Patent Easement Abandonment PAB-0035
Dear Ms. Markson,
Per the request of the property owner at 37612 N. 24 th St, the Town of Cave Creek is willing to abandon
its patent easement to the west 10 feet of the easterly 50 feet of the property as shown in the attached
diagram you provided.
now, P.E.
Assistant Town Engineer
Town of Cave Creek
37622 NORTH CAVE CREEK ROAD * CAVE CREEK, ARIZONA 85331
Main Phone: (480) 488-1400 * Main Fax: (480) 488-2263 * www.cavecre,ek.org

aps
ARIZONA PUBLIC SERVICE
David Schlief
Land Agent II
Land Services Department
Mail Station 3286
P.O. Box 53933
Phoenix, AZ 85072-3933
T: 602 - 371-7295
August 25 2016 david.schlief@aps.com F: 602 - 371-6586
Michelle Markson
Maricopa County Department of Transportation
Engineering Division
2901 W. Durango Street
Phoenix, AZ 85009
RE: Right of Way Release Concurrence
Dear Ms. Markson
Per your request for Arizona Public Service Company's (APS) concurrence to release that portion of the retained
Easement over the westerly 10 feet of the easterly 50 feet of the property located 37612 North 24 th Street, Phoenix,
Arizona 85086, described in your request dated April 6, 2016, the following information is provided.
I have researched our records and found that the subject property is situated within the APS service territory.
These records show that there are existing overhead facilities within said retained easement along said easterly 50 feet..
APS has received an easement over the westerly 10 feet of the easterly 50 of said property from the current land owner.
This letter shall advise that APS does consent to the release of the above described 10 foot portion of the Patent easement
described in your request.
Should you have further questions concerning this matter, please contact me at (602) 371-7295 or david.schlief@aps.com .
Sincerely,
David Schlief R.L.S.
Land Agent II
Land Services Department
Arizona Public Service Company
A BETTER TOMORROW STARTS TODAY

INITIAL DETERMINATION REQUEST
LETTER TO REQUESTOR
INITIAL RESPONSE CHECKLIST

L : Maricopa County Department of Transportation
:
Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
Phone: (602) 506-8609 • Fax: (602) 506-4009
PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION REQUEST
Applicant Name: Tracking NO: yimb -m35
Mailing Address: 4/410 L.Q, A-
City ArftEk 5TATE: A Z ZIP:
Telephone: (cCIV-5' 7 g
Email: //44,214 p .1 Ay c_.e) Fax No:
PARCEL DETAIL
Assessor's Parcel Number:
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
3 7 to it) 2-L1 Ti- izockx
c,--08L,
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
A kik) D k..) .)( be-in/4)G ilt40 eits+ /i7e
q
SIGNATURE
r-7--/b
Signature opAPplicant* Date
* Applicant is NOT required to be the current owner of the described property.
NOTE: The fee for this review is NOT refundable.
THIS PORTION TO BE COMPLETED BY MCDOT
Initial Determination Fee: Total Received: 25/7, Received By:
$250.00 Check #: /0 ) Date:
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009

Maricopa County
Department of Transportation
Transportation Systems
Management Division MadLands, LLC.
2901 \V. Durango Street 4210 West Opportunity Way
Phoenix, AZ 85009
Phone: 602-506-8676 Anthem, AZ 85086
Fax: 602-506-8758
www.mcdot.maricopa.gov Attn: Mr. Mark Taylor
Maricopa County Department of Transportation (MCDOT) has completed the Initial
Determination for possible abandonment of the Federal patent easement on your
properly identified as Assessor Parcel 000-00-000, tracking No. PAB-0035.
MCDOT has received the following responses from reviewing agencies:
MCDOT does not have an objection to the abandonment of the west 10 feet of the
patent easement.
No objections have been received from other County Departments.
Objections have been resolved from APS and CenturyLink.
If your decision is to proceed, go to the MCDOT website at:
http://www.mcdot.maricopa.gov/easements/home.htm and open up the Patent
Easement Link at the left side of the page. Print the Abandonment Application and
submit it as instructed in the application along with all documentation required in
the application.
NOTE:
Be advised, that although no objections have been received, 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.
Upon receipt of the application and payment of the fee, a notice by letter will be
sent to all abutting property owners. The proposed abandonment area will have a
notice posted. The abutting owners and other public users of the road have the right
to object in writing or appear before the Board of Supervisors.
incerely,
Denise Lacey
Systems Planning Branch Man
Phone: 602-506-6172
Enclosure:
cc: PAB-0035 - file

PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application ID: PAB-0035
A "YES" checked on any item on this list shall result in the letter of Initial Determination stating that pursuant to Section 5 of
County ordinance (P-34) certain criteria do not meet abandonment requirements.
Disqualification Criteria YES NO
Road alignment has been Declared (Sect 5a) x
Road alignment is maintained by MCDOT
Road alignment is needed for future r/w
Prop abandon shares border and is parallel to row dedicated to County or public (Sect 5b) x
Objection from any affected utility, Arizona State land, BLM or BOR (Sect 5d) x
Objection from any Municipality or Tribe, (Sect 5e) x
Statement of fact and Documentation for Items identified as not meeting abandonment requirements:
REVIEWER COMMENT DISQUALIFYING
CRIITERIA
MCDOT Bob Woodring N/A
Alfred Erives No Response
Angela Horn Agrees to 10 ft abandonment
Kevin Kottmer No Objection
Denise Lacey No Response
b COUNTY P&D No Objection
Real Estate No Objection
Parks No Objection
FCD No Objection
c UTILITIES APS No Objection
Century Link No Objection
Cox N/A
SRP N/A
SWG N/A
Scottsdale Water N/A
Town of Cave Creek water N/A
d GOV AGENCIES N/A
e MUNICIPALITIES / N/A
TRIBES
DATE: 8/11/2016 INIT: MM