Extracted text (via pymupdf_layout)
19957 characters
AERIAL EXHIBIT
PATENT EASEMENT
REPLACEMENT EASEMENT
'aial;114
11 p•Anlir,
216
19/0:
SitiefAZFAVaiiiiiLMV
PAS-0027
W 8 of E33' and NS of S 33'
of SE4 SW4 SW4 NW4
Sect 22 - 5N, 4E
EXCEPT the W150'
of the S33
33' Patent Easement
No. 1202013
7q, '1 Lai 1. 3.1.M
UNINCORPORATED ...;krivv. MARICClyCGLINTYV
!iiL
144:4ileNEPWW:411;11Y
EXIST County ESMT
dedicated for Hwy Purposes
N40' and E25' per
doc, 1984-0352863
NOT declared by BOS I
NOT maintained by MCDOT
WcYNCIE:49
'12A
DIII.:COMDR.(alignment)
(Aim. 4-1222 1%7)
Arizona 012983
Ot Enittb 'tate of Smatter,
ziso nil wilant tfirror presents ORM runtr, 43rreting:
WHEREAS, a Certificate of the Land Office at Phoenix, Arizona,
has been issued showing that full payment has been made by the claimant
John W. Gardiner
pursuant to the provisions of the Act of Congress approved June 1, 1938 (52 Stat. 609), entitled "An
At to provide for the purchase of public lands for home and other sites," and the acts supplemental there-
to, for the following-described land:
Gila and Belt River Meridian, Arizona.
T. 5 N., R. eR.,
See. 22, SOSNOWiNii.
The area described contains 2.50 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 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 south and east boundaries of said land.
IN TESTIMONY WnEagor, 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
TRINTITETH day of NCRENBENI in the year of
(SEAL] our Lord one thousand nine hundred and FIFTY—NTNE
and of the Independence of the United States the one hundred
and NIONTZ-YOURTN.
For the Director, Bureau of Land Management.
; A . -
By ing Chief, Entente Section.
Patent Number 1202013
GPO 0 615 83
Unofficial
Return to CenturyLink 20 Document
Attn: Mary Hutton
5025 North Black Canyon Hwy
Phoenix, AZ 85015 MCI
Ga.
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
The undersigned CALEB EZEKIEL SHULTZ and ALISON DAY SHULTZ, Co-Trustees of the
SHULTZ FAMILY TRUST under Agreement dated July 12. 2014, ("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.
Page 1 of 4
Initials (") C6
2 01602 0104 4
RECORDING INFORMATION ABOVE
GRANTOR(S):
CALEB EZEKIEL SHULTZ and ALISON DAY SHULTZ, Co-Trustees of the SHULTZ FAMILY
TRUST under Agreement da.,ted July 12. 2014
STATE OF
) ss:
COUNTY OF /44A4, e oioA
Mallet-al Document
The foregoivig instrument was acknowledged before his oay of
2016, by ,acie 4 z--zedue/ 54a//z- 6" W df7 of
CALEB EZEKIEL SHTJLTZ and ALISON DAY SHULTZXo1Trustees of the SHULTZ FAMILY
TRUST under Agreement dated July 12. 2014,
Witness my hand and official seal:
Notary Public
My commission expires: az2/7
Page 2 of 4
WW#
Exchange: CAVECREEK County: Maricopa
NW V; of Section: 22 Township: 5N Ran ge: 4E
20160201044
EXI-11 IT A
8' CENTURY LINK EASEMENT
AT APN 216-67-134B
6444 E. MONTGOMERY RD., CAVE CREEK, AZ
BEING A PART OF THE NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 5 NORTH • RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA.
8' CENTURY LINK EASEMENT
THE EAST 8.00 FEET AND THE SOUTH 8.00 FEET OF THE FOLLOWING
DESCRIBED PROPERTY;
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 5 NORTH,
RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA;
EXCEPT THE WEST 150 FEET THEREOF; AND
EXCEPT ALL OIL, GAS AND OTHER MINERAL DEPOSITS AS RESERVED TO THE
UNITED STATES OF AMERICA IN THE PATENT TO SAID LAND.
tk.friszal DocumerA
Ilk `ND
461-
50620 • c_ .
ALLEN F. 0
SA0BERR
,9'15'4' G
e-to c"blVA 03-3 17A-- TO ACCOMPANY EXHIBIT B
20160201044
EXHIBIT B
8' CENTURY LINK EASEMENT
AT APN 216-67--134
6444 E. MONTGOMERY RD., CAVE CREEK, AZ
BEING A PART OF THE NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 5 NORTH , RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN,
MARICOPA COUNTY, ARIZONA.
N.W. CORNER N.1/4 CORNER
SECTION 22 LONE MOUNTAIN RD. SECTION 22 /
S8947 130W
2640.50'
N89'56'55"E 180.81'
f
8' CENTURY--I
LINK EASEMENT "W
to
to
Lu Unofficial Document cd Cs1 500"02'09 to CO
1'0 04
135"W
SO002
180.75 I _,
478.68' 1979.18'
S89 '48'03"W
MONTGOMERY RD. CENTER OF
w.1/4 CORNER SECTION 22
SECTION 22 .
SCALE
20 2 10 20
_..
HORIZ: 1" 20
TO ACCOMPANY EXHIBIT A
INITIAL DETERMINATION REQUEST
LETTER TO REQUESTOR
INITIAL RESPONSE CHECKLIST
Maricopa County Department of Transportation
Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
Phone: (602) 506=8609ALEax(6.02) S06-4009_
773
L 'D
Applicant Name: Alison and Caleb Shultz Tracking NO:
Mailing Address: 6444 E Montgomery Rd OCT 1 3 2015
City Cave Creek STATE: AZ np; 053$1
tooDor,
Telephone: (480) 747-7017 . I I - :: F,TIVIn
Email: allsonshultz@gmail.com Fax No: (480) 505-3076
DET
Assessor's Parcel Number: 216-67-134B
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
6444 E Montgomery Rd
Cave Creek, AZ 85331
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
Abandon Easement boarding the east side and the south size of parcel 216-67-134B
T R
11/ „1._ 15
Signature of Applicant* Date
* Applicant Is NOT required to be the current owner of the described property.
NOTE: The fee fur this review is NOT refundable.
THIS .PORTION TO BE COMPUTM.BY MCDOT
Total Received: gs-29. Received By:
Initial Determination Fee:
$250,00 Check #: Date: Oile/2,7e4s---
Make check payable to MCDOT 1
2901 West Durango Street
Phoenix, AZ 85009
Maricopa County
Department of Transportation
Pla3coix, 2901 W. Durmtgo AZ 85009 St November 3, 2015
Phone: 602-506-8609
Fax: 602-506-4009 Alison & Caleb Shultz
WWw.maticopa.gov 6444 E Montgomery Rd
Cave Creek, AZ 85331
At M. & Ms Shultz
The Maticopa 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 216-67-134B and identified as tracking No. PAB-0027.
The Department of Transportation has determined the following:
MCDOT has no objection to the proposed abandonment.
No objections have been received from other County Departments.
Objection has been received from Century Link.
Section 5d of Maricopa County ordinance P -34 states that No abandonment of a patent easement can occur
over objection from any Utility. Since a Utility has objected you will need to Contact Mary Hutton by phone
at 602-630-7778 or email Mary.flottonlOcenturvlink.com to resolve the objection, to resolve the objection.
To view County ordinance P-34, go to: http://www.mcdot.maricopa.gov/easements/home.htm and click on
the "Ordinance P-34" hyperlink.
After the utility objection has beeii resolved and you wish to proceed with the abandonment, go to the
MCDOT website at http:/Avww.mcdot.maricopa.govieasements ihotnehtm 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 appsal before the Board of Supervisors.
Denise Brewer ennis-P. Lindsey
Permitting, Construction and Inspections Deputy Chief Real Estate Officer
Div. Mngt. Ph: 602-506-1067
Enclosure:
Aerial Exhibit
cc: PAB-0027 - file
PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application ID: PAB0027
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 No response
Denise Lacey No response
David Fritz No Objection
Gary Scott No response
Kevin Kottmer No response
Nicolaas Swart No response
'
b COUNTY P&D No Objection
Real Estate No Objection
Parks No Objection
FCD No response
c UTILITIES APS No Objection
Century Link OBJECTION Sect 5d
Cox No Objection
SRP N/A
SWG N/A
Scottsdale Water No Objection
Town of Cave Creek water N/A
d GOV AGENCIES N/A
c MUNICIPALITIES / N/A
TRIBES
DATE: 11/03/2015 INIT: KG
APPLICATION
PROOF OF OWNERSHIP
APPLICATION RESPONSE CHECKLIST
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 APPLICATION
Applicant Name: catl-e 4 Okicov\ s\ANAtA Tracking NO: PAB- cOT1
Mailing Address: vovvrai fed ,
City c_ootc. CMte-- STATE: ZIP:
Telephone: (IA -1Lii-10(1
Email: cx1.604 qiut 'tZ 02 qvilall,com Fax No:
Assessor's Parcel Number:
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
l\loyviroulkir. covv'e crar i Az K-s-- 3 I
2. Description of Request! (ex: Abi ndon Easement bordering the south side of parcel 123-45-067A )
IIROW wovo4 011 ragt coAl saW fvormvt jo
3. Onr.aarrL FFAOtilir ro) coI rolI innurrerty 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 notar y, 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
MAY - y 2016
NOTARY PUBLIC
SIGNATURE
Vg4/1,g.
Silagature of Ap te
NOTE; The application fee is NOT refundable.
THIS PORTION TO BE COMPLETED BY MCDOT
Received By:
Total Received: 1) 3 co , 0.0
Application Fee: $1,600.00 *
Check #: 36 a Date: -/
Make check payableto: MCDOT
2901 West Duran go 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.
Ore '' • CASCADE
Cascade Financial Services
3345 S. Val Vista Dr. Suite 300
Gilbert, AZ 85297
Maricopa County DOT
2901 W Durango St
Phoenix, AZ 85009
April 13, 2016
RE: Doc Number: 20160201044
Property Address: 6444 E Montgomery Rd
Cave Creek, AZ 85331
This is in response to your request on April 8, 2016 for the abandonment of Public Utility
Easement on the property located at 6444 E Montgomery Rd as described in your
recorded docuMent 20160201044. Cascade Financial Services has no objection to the
abandonment a's described.
If you have any questions or need additional information please contact us at
866-939-5581.
Laux
rector of Servicing
Cascade Financial Services
3345 S. Val Vista Dr. Suite 300
Gilbert, AZ 85297
Toll Free: (866) 939-5581
Fax: (480) 812-3334
Return to CenturyLink
Attn: Mary Hutton
5025 North Black Canyon Hwy
Phoenix, AZ 85015
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
The undersigned CALEB EZEKIEL SHULTZ and ALISON DAY SHULTZ, Co-Trustees of the
SHULTZ FAMILY TRUST under Agreement dated July 12. 2014, ("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.
Page 1 of 4
RIW# Initials
RECORDING INFORMATION ABOVE
GRANTOR(S):
CALEB EZEKIEL SHULTZ and ALISON DAY SHULTZ, Co-Trustees of the SHULTZ FAMILY
TRUST under Agreement dated July 12. 2014
Name:
Name:
STATE OF
) ss:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2016, by as of
CALEB EZEKIEL SHULTZ and ALISON DAY SHULTZ, Co-Trustees of the SHULTZ FAMILY
TRUST under Agreement dated July 12. 2014,
Witness my hand and official seal:
Notary Public
My commission expires:
Page 2 of 4
R/W#
Exchange: CAVECREEK County: Maricopa
NW Vi of Section: 22 Township: 5N Range: 4E
PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB-0027
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 N/R
David Fritz No Objection
Angela Horn No Objection — abandon rev to N3 of 533 and
W8 of E33
Kevin Kottmer No Objection
Nicolaas Swart N/R
b COUNTY P&D No Objection
Real Estate No Objection
Parks No Objection
FCD N/R
c UTILITIES APS No Objection
Century Link No Objection
Cox No Objection
SRP N/A
SWG N/A
Scottsdale Water No Objection
Town of Cave Creek water N/A
d GOV AGENCIES N/A
e MUNICIPALITIES / N/A
TRIBES
DATE: 512512016 INIT: KG