PAB-0029 SUPPORT DOCS.PDF

Maricopa County — Formal (2016-08-03)

View PDF Item 53 Meeting page

Extracted text (via pymupdf_layout) 21729 characters
APPLICATION
PROOF OF OWNERSHIP
APPLICATION RESPONSE CHECKLIST

M "copa County Departrn - "- of Transportation
RECEIVED Engineering Division
APR 26 2016 2901 West Durango Street • Phoenix, AZ 85009
Phone: (602) 506-8609 • Fax: (602) 506-4009
PATEKRUNT ABANDONMENT APPLICATION
Applicant Name: Patrick & Leanne Stratton Tracking NO: pAB_ 0029
Mailing Address: Box 1872
City Whitecourt STATE: AB ZIP: T7S1P6
Telephone: 780-778-0388
Email: paddy@tdwell.com Fax No:
PARCEL DETAIL
Assessor's Parcel Number: 400-01-048
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
9006 S Dysart Road, Goodyear, AZ
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
Abandon Easement bordering East side of parcel 400-01-048
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.
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.
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
Alan_ 07Q, 2616
Signigure'a APPlicant Date
NOTE: The application fee is NOT refundable.
THIS PORTION TO BE COMPLETED BY MCDOT
Received By:
Total Received: 1/ 3' le'. CC
Application Fee: $1,600.00*
Date:
Check #:
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009
* 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.

JFF1C1AL RECORDS OF
RECORDING REQUESTED BY MAR1COPA COUNTY RECORDER
PRIGGS TITLE AGENCY, INC. HELEN PURCELL
WHEN RECORDED MAIL TO: 20150093000,02112J2015 ELECTRONIC RECORDING 04:10
Patrick Stratton and Leanne Stratton 150287659OP-3-3-1 —,1•1
'IS -70-
(rUhirelalAri'i 11-8 i 75 )Pe'
Escrow No. 15-02-876590P kiet_
Warranty Deed
For the consideration of Ten Dollars, and other valuable considerations, I or we,
Richard Frost and Samantha Frost, husband and wife as community property with the right of survivorship
as grantors do/does hereby convey to
Patrick Stratton and Leanne Stratton, husband and wife
as grantees the following real property situated in Maricopa County, Arizona:
SEE EXHIBIT "A" ATTACHED
Acceptance is attached hereto and made a part herewith.
encumbrances, SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements, rights of way,
do warrant the title liens, against covenants, all persons conditions, whomsoever, restrictions, obligations, and liabilities as may appear of record. And I or we
subject to the matters set forth above.
Dated: February 07, 2015
GrAntor:,
Richard Frost
7,1
amantha Frost "
Notary MARWVITC— pot . S
State of ARIZONA} ss: MARICOPA StateofAst co
My Comtnissfon Expires li °fla
County of MARICOPA) ss: PoluarY 9. 2018
On _• „ before me the undersigned,
satisfactory personally appeared evidence) 'Richard to be the Frost and Samantha Frost personally known to me (or proved to me on the basis of
to me that he/she/they executed person(s) the same in whose his/her/their name(s) is/are subscribed to the within instrument and acknowledged
on the instrument the person(s), or the entity upon behalf authorized of which eapacity(ies), the and that by his/her/their signature(s)
WITNESS my hand and official seal. person(s) acted, executed the instrument.
Signature N _
My Commission Expires

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 February 07, 2015, and
executed by Richard Frost and Samantha Frost, as Grantors, to Patrick Stratton and Leanne Stratton, as Grantees, and
which conveys certain premises described as:
The East half of the Southeast quarter of the Southeast quarter of the Southeast quarter Section 3, Township 1 South,
Range 1 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPT all coal, oil, gas and other mineral deposits, as reserved unto the United States of America in Patent of said
land.
APN: 400-01-048
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 thejerms of said Deed as Community Property with Right of Survivorship.
Dated Feb
atrick Stratton
-.41.
-reann Ktfitto
State of ARIZONA} ss:
County of txmvsj SS;
On Wv,oh.c.,r‘t Patrick Stratton and , Leanne before Stratton me the undersigned, personally known to nie (or proved to me on the basis of
satisfactory personally appeared 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 and official seal.
My Commission Expires .i\jo\J (cc'
Signature
DONALD WILLARD STIFFLE
Notary rablic - Arkoaa
Velma Gaiety
fly Cc41,1ot; ErpireA
Novcnber 16,201$

Exhibit "A"
The East half of the Southeast quarter of the Southeast quarter of the Southeast quarter Section 3, Township 1 South,
Range I West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPT all coal, oil, gas and other mineral deposits, as reserved unto the United States of America in Patent of said
land,
APN: 400-01-048

PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB-0029
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 X
Road alignment is needed for future r/w X
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 NR
Angela Horn No Objection
David Fritz No Objection
Kevin Kottmer No Objection
Nicolaas Swart NR
b COUNTY P&D No Objection
Real Estate No Objection
Parks No Objection
FCD NR
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: 6-9-2016 INIT: KG

AERIAL EXHIBIT
PATENT EASEMENT
Replacement Easement
UTILITY APPROVAL LETTERS

A+c•,''A ^
d-A 7:4-4.,•et _L .
-132n Or? -ft
•
5 14 4 7
- '
z .N
,,,
*
4000
'01
On
400 400
01
0 04
7••
A
• '
I •
•"
. . O
,•••
4 4.
'AVONDALE
11
. 4D. SaArleaz
. 01
. • . D2013 r
, . • ,
_ •
'44 — aelei:
APN: 400-01-050A
N145' of W28E48E45E4
53-1S 1W
"..`"
1.1 •
PAB-0030
634 I 533' & W33' EX N145 1 •
• ' VV2SE4SE4SE4
53-1S IW
:414' 1
• " • • • CNTY RD ESMT
dedicated per
. 4. did 15165 pg 607
. • • ''441 W25' & 5551
• • 11.7!' ••• • 'r •4V
33' PAT ESMT
Pat No. 1187621
5, WA N 33' 13' PAT ESMT
Pat No. 1186717
5, E & N 33'
';•f
_
,
PARK SI RECREAllON'

T A 4-12:66' Iv. 19:57)
Ari sale 011031
tirbe Eniteb tato of 21tnerita,
go nil whom tflese presents sinal come, 6reeting:
WHEREAS, a Certificate of the Land Office at Itnenix, Arizona,
has been issued showing that full payment has been made by the claimant s the
Beira of Alioa Be Van Mist
pursuant to the provisions of the Act of Congress approved June 1, 1938 (62 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;
Oils ani Salt River lbridian, Arizona.
T. 1 S., R. 1 W.,
Seale 3, *MOO*
The area described contains ' .CO 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 claimants 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 g 511(1 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 re served 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 33 feet in width, for roadway and public -utilities
purposes, to be located along the north, east and south boundaries of said land.
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 United 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
TAIRTIITH day of sgraBEER in the year of
[SEAL] our Lord one thousand nine hundred and npriquorr
and of the Independence of the United States the one hundred
and EXCIRTfoTICERN
For the Director, Bureau of Land Management.
11867/7 By.
Chief, Patents Sesame.
Patent Number
7. 5. SOVIRRMOCT 1.110aING orncr 16-511764-5

Return to Qwest
Mn: Mary Hutton
5025 North Black Canyon Hwy, Rm 100
Phoenix, AZ 85015
RECORDING INFORMATION ABOVE
EA-SEMENT AGREEMENT
PAB-0029
The *undersigned Patrick Stratton and Leanne Stratton, husband and wife (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 DiB/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 SuceessOrs, aSaignS, 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 aeross the following
described property situated in the County of Matieopa, State of ArizOa, which Grantor owns
("Easement Area"):
AR 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 ofingress 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 Grantees- 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 pro'vision' 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 successorsand assigns.
Page 1 of 4
Initials

RECORDING INFORMATION ABOVE
j4tton, husband and wife
Name:
Name:
STATE OF
CCAA1 IT 7, ) ss:
COUNTY OF G-ttA,9169
The foregoing. instrument was acknowledged before Me this. .4„/ day of' . "tie-1444 , 20 I6,
by Patrick Stratton and Leanne Stratton, husband and wife —
Witness my hand and official seal:
Notat=y.publio
My commission expires: 47.e.0 /
JOHN S. KENNEY
Banister & Solicitor & Notary Public
A Commissioner for Oaths
in and for Alberta
Page 2 of 4
R/W# Joh #-PAI1-0029
Exthange; COLDWATER County: Maricopa
8E 14 Of Section: 3 Township: 1S Range: 1W

PREPARED FOR: By: SPK
Patrick and Leanne Stratton DATE: FEB., 2016 JOB NO. 10886
EXHIBIT 'B'
PATRICK AND LEANNE STRATTON
TO CENTURY LINK EASEMENT
AFN 400-0 I —066 APN 400-01-0281J
Scale: 1"---200'
589 -44'46 1'E E. LINE SE 1/4
330.53' SEC. 3, T15, R1W
APN 400- 01 — G50A 87 TELEPHONE
EASEMENT
APN LAND
4-1-J 400-01-048
T
TRUS
400-01-050B b c. tc; 1
PN
A 8' TELEPHONE I
.EASEMENT
N8949 112'14/
Dobbins Road SE CORNER
S. LINE SE 1/4 I SEC770N
SEC, 3, T15, R1W T1S, R1 W
Keogh Engineering, Inc. CHECKED BY: DFK SHEET NO 1
AM, E50 N. 137TH AVENUE PHONE 1111i (613) • 535-7260 d000YEAR, ARIZONA 'WM FEB., 2016 1
41A11.: keoghekeoghengineering.com 'DATE- OF
Plot Date lima: 02/11/15 02:02pm Lora Nome: Shaul 1 AutaCod Version: 1t1.0
Full Fifa Path: 12 \201385Vxhibit 1:11gost—Dthlblt.deg Logic) Name:- SHAUN

KEOGH Keogh Engineering, Inc.
14150W McDowell Rd. Goodyear Arizona 85395
ENGINEERING, INC (623) 535-7260 • Fax (623) 535-7262 • E-mail: knogh@keoghanglneering.com
Givl Enalasers I Land Surveyors
Legal Description
Paddy and Leanne Stratton
Keogh Job No. 20886
10 February 2016
EXHIBIT A
Patrick Stratton and Leanne Stratton to Century Link Telephone Easement
THE EAST 8.00 FEET AND THE SOUTH 8.00 FEET OF THE FOLLOWING DESCRIBED
PROPERTY:
THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER SECTION 3, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA;
APN: 400-01-048

tt-' ', CenturyLink-
Real Estate
5025 N. Black Canyon Hwy
Room 119
Phoenix, AZ 85015
March 24, 2016
Maricopa County DOT
2901 W Durango Street CenturyLink Tracking #
Phoenix, AZ 85009
A1506372
Response to request for abandonment
Your File Number PAB-0029
This is in response to your request of October 29, 2015 for the abandonment of Public
Utility Easement on the property located at 9006 S Dysart Rd as described / illustrated
in your letter. A review of our existing facilities has been made in reference to the area
involved. CenturyLink has no objection to the abandonment as described above.
CenturyLink has facilities in the area
If you have any questions or need additional information, please contact Mary Hutton on
602-630-7778.
Yours trul
_—_D
(Ata4e-r/1
Mary Hutton
ROW Engineer

INITIAL DETERMINATION REQUEST
LETTER TO REQUESTOR
INITIAL RESPONSE CHECKLIST

ark° _a County Department of Transportation
!, Fioir, 111: 1
L Engineering Division
OC1 6 2015 2901 West Durango Street • Phoenix, AZ 85009
Phone: (602) 506-8609 • Fax: (602) 506-4009
_ _
NnotRONTI NITIAL DE.TERMINATION REQUE
fp* €441
Applicant Name: rz C-K ;is Lici-AMINN E., 51-1e44TrakiTracking NO:
Mailing Address: (o66 tL 151 fr'-' Avt.,Nue, AL//0
City 7,00.0\,4 STATE: 02 ZIP:
Telephone: 2s0 - -rig - ex3ac
Email: Fax No:
PAICEL'DETAII.
Assessor's Parcel Number: 09 K1 LAO -oLve
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
966 5 6 AR-1* RN, G(vODki a)q (2„ er SSP3
utenc-9--tPlic5Ks - DP ei)tiap-r-cy- .5& a3 H z.-r-tr, ,56crraN 3 77AJP S
2. Description of Request (ex: Abandon Easement bordering the south side of parcel 123-45-067A) 6-IRLA 1i4p 5Atir go
irrip 0.4 ca9A -(okyter—Li
Abcti,d. 1\1 . DoP)2,1 K15 ko , Dka) 8 Aar- 42)
ea..t.3 —..±-_--.4 ni1/4.3L)
A 6s,c,e.ss 12.4,R.D f_1-14. &se.k..) go tk....-r- -fe.-43 rri I3 a.., A v E. -Th 5c5QT-H Ty LIS Afe-t-
..._...
..3„, .-.„..,_
..v.A -.
/
I giOIS d/e,
Signe re of Applicant* Date
* Apiflicant is NOT required to be the current owner of the described property.
NOTE: The fee for this review is NOT refundable.
77=7777
, kns:ponT:10$7.0.:BEeempitt-01).YACE).0-1;'
Total Received: zco Received By:
• Initial Determination Fee:
$250.00 Check /1. : Date: t(i7A,LIc
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009

aiq 11A0) --
Maricoint County
Department of Transportation
2901 \V. Durango St November 18, 2015
Phoenix, AZ 85009
Phone: 602-506-8609
Fax: 602-506-4009 Patrick and Leanne Stratton
www.maricopa.gov 650 N 13711 Avenue #110
Goodyear, AZ 85338
Attn: Patrick and Leanne Stratton, Assessor Parcel 400-01-048
The Maricopa County Department of Transportation (MCDOT) has completed the Initial Review request for
possible abandonment of the Federal patent Easement on your property identified as Assessor Parcel 400-01-
048 and identified as tracking No. PAB-0029.
The Department of Transportation has determined the following:
MCDOT has no objection to the proposed abandonment.
Objection has been received from County Parks & Recreation Department and County Planning and
Development Department. County Parks wishes to retain access along the park Boundary for future
access needs.
Objection has also been received from Centurylink.
Section 5d of Maricopa County ordinance P-34 states that No abandonment of a patent easement can occur
over objection from any Utility. Since Centurylink has objected you will need to Contact Mary Hutton at 602-630-
7778 or Mary. Hutton1@centurylink.com to resolve the objection. To view County ordinance P-34, go to:
http://vvww.mcdot.maricopa.dov/easements/home.htm and click on the "Ordinance P-34" hyperlink.
To discuss the objections from Maricopa County Parks & Recreation please contact R.J. Cardin at 928-501-
9206 or RJCardinmail.maricoba.gov and from Maricopa County Planning & Development please contact
Darren Gerard at 602-506-7139 or DarrenGerardnnail.maricoba.qov.
After all objections have been resolved and you wish to proceed with the abandonment, go to the MCDOT
website at httb://www.mcdot.maricopa.00v/easements/home.htm and open up the Patent Easement Link at the
left side of the page. Print the Abandonment Application in Step 2 and submit it as instructed in the application
along with all documentation required in the application.
NOTE:
Be advised, that 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.
Sine
Dennis P. Lindsey
Chief Real Estate Officer
Ph: 602-506-1067
Enclosure:
Aerial Exhibit
cc: PAB-0029 - file

PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application ID: PAB0029
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 X
Road alignment is needed for future r/w X
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
Denise Brewer
Denise Lacey
Benny Dominguez
Gary Scott
Kevin Kottiiier
Nicolaas Swart
David Fritz No Objection
b COUNTY P&D Concur with Parks
Real Estate No Objection
Parks OBJECTION
FCD No Objection
c UTILITIES APS No Objection
Century Link OBJECTION Sect 5d
Cox
SRP
SWG
Scottsdale Water
Town of Cave Creek water
d GOV AGENCIES N/A
e MUNICIPALITIES / N/A
TRIBES
DATE: 11/18/2015 NIT: MK