Extracted text (via pymupdf_layout)
21334 characters
APPLICATION
PROOF OF OWNERSHIP
APPLICATION RESPONSE CHECKLIST
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Maricopa County Department of Transportation
-Oro Ul\WM Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
ill NOV 1 6 2015 Phone: (602) 506-8609 • Fax: (602) 506-4009
PATENT EASEMENT ABANDONOENT APPLICATION
Applicant Name: David and Dawn Fortuna Tracking NO: PAB- 0017
Mailing Address: 35802 North Central Avenue
city Phoenix STATE: AZ ZIP: 85086
Telephone: 480-772-7271
Email: dtunab@gmail.com Fax No: WA
PARCEL DETAIL
Assessor's Parcel Number: 211-53-070C
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
35802 North Central Avenue Phoenix, AZ 85086
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
Abandon Patent easement along south side of parcel 211-53-070C
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.
n/a 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
sigt1a1t1re-a-A-011ean Date
NOTE: The application fee is NOT refundable,
THIS PORTION TO BE COMPLETED BY MCDOT
Received ,13?:
Total Received: 1,25-0. o 0 1,171
Application Fee: $1,600.00*
Check #: ss Date:
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.
jj) T, [2 fiJ\YI11! f
il
NOV 1 6 2015
SUNTRUST Fly SunTrust Mortgage, Inc.
Post Office Sox 28149
MORTGAGE Richmond, VA 23280•8149
Toll Free 1.800.834.7928
www.suntrusttnortgage.com
October 28, 2015
David I Fortuna
Dawn M Fortuna
35802 N Central Avenue
Phoenix, AZ 85086
RE: David Fortuna/Partial Release Request
SunTrust Mortgage Loan No: 0048513725
Property Address: 35802 N Central Avenue
Phoenix, AZ 85086
Mr. Fortuna:
Thank you for the recent request on the above referenced loan. SunTrust Mortgage, Inc. has agreed for the 33-foot
patent easement which is along the south side of the property to be abandoned. After the submission of the
application and this letter to the county, please be sure to notify us of the counties approval of your request so that
our records may be updated.
If you should have any questions or concerns, please feel free to contact me at the following toll free number: (800)
634-7928, option 5, ext 52898
Sincerely,
Azta (A-(')ceterile
La'Sbara Boddie
Partial Release Specialist
Document
47
so
RECORDED ELECTRONICALLY
BY SECURITY TM. AOENCY u2) P)
RECORDING REQUESTED BY NOV 1 (; ?1.115 I
Security Title Agency
AND WHEN RECORDED MAIL TO:
David J. Fortuna
Dawn M. Fortuna
860 N. VVIntlsor Circle
Mesa, AZ 85213
ESCROW NO,: 47150119 - 047 - WIRC
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Warranty Deed
For the consideration of Ten Dollars, and other valuable consideration,
Lois LINingfleicl, An Unmarried Woman and Martha S Hayes, An Unmarried Woman
("Grantor") conveys to
David J. Fortuna and Dawn M. Fortuna, Husband and Wile
the following real property situated in Marlcopa County, ARIZONA:
See Exhibit A attached hereto and made a part hereof.
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.
Grantor warrants the title against all persons whomsoever, subject to the matters set forth above.
Dated: March 5, 2015
Wiced01
20150163950
IV14,
01 NOV 1 6 2015 11
Escrow Na. 97150119-047-1v111C IL/
EXHIBIT "A"
LEGAL DESCRIPTION
The South half of the East half of Lot 20, Section 5, Township 5 North, Range 3 East,
of the OUR Salt River Base and Meridian, Marleopa County, Arizona;
EXCEPT oil, gas and other mineral deposits, as reserved in Patent from United States
of America.
kbelle.11Dannmal
20150163950
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M NOV 1 6 7.015
ESCROW NO.: 47150119 047 MRC
ACCEPTANCE OF COMMUNITY PROPERTY
WITH RIGHT OF SURVIVORSHIP
"DEED"
David J. Fortuna and Dawn M. Fortuna, Husband and Wife, each being first duly sworn upon
oath, deposes and says, THAT I am one of the Grantees named in the deed attached to this
Acceptance, dated March 5, 2015, and executed by Lois L Wingfield, An Unmarried Woman
and Martha S Hayes, An Unmarried Woman as Grantors, to David J. Fortuna and Dawn M.
Fortuna, Husband and Who as Grantees, and which conveys the real property described as:
See Exhibit A attached hereto and made a part hereof.
to the Grantees named in the deed, not as tenants in common, nor as community property, nor as
joint tenants with right of survivorship, but as community property with right of survivorship.
Each of us individually and jointly as Grantees assert and affirm that it is our intention to accept
this conveyance as community property with right of survivorship and to acquire any interest we
may have in the real property under the terms of the Deed as community property with right of
survivorship.
Dated: March 10, 2015
Un5frall Omn.
GRANTEES:
4,1,v1
David J. Fortuna Dawn M. Fortuna ,
State of Arizona SS:
County of Maricopa
Individual
The /foregoing Acceptance of Community Property with Right of Survivorship, dated March 10,
220011lUnnc( sslissttlinnguiff_ 11 pp_aatglee(f)nlwWav aacclissItooTttorga6011 tk4ofore rVisr day of ,
_
MICHELLE 0, RODGERS
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20150163950 1
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NOV 1 6 2015 Th
State of
County
Individual
The foregoing, dAted March 5, 2015 and consisting of 4 page(s), was acknowledged
befgrie nne th1).Ay_dayicf "41 , 2015 , by
MICHELLE C. RODGERS
0;4) .. tioteryPtia-statoelut mmicoPA COUNTY lzorin
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NOV 1 6 2 015
Grantor(s):
SELLERS:
Mifflin S Hayes
State of
County of SS:
The foregoing Warranty Deed, dated March 5, p15 and consisting of 2 pages, was
acknowledged before me this ja -th day of fileifili , 2015 , by 15915#4=1/4111M1111M
ISM MARTHA S HAYES,
,Alaktb, MICHELLE C. RODGERs
eap-a-m71., tkory PubRo MAIN° • Oslo COUNTY of Morin
Moo eiphe
June 90 kol?
20150163950
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Escrow No. 47150119-047-MRC
EXHIBIT "A"
LEGAL DESCRIPTION
The South half of the East half of Lot 20, Section 5, Township 5 North, Range 3 East,
of the Gila Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPT oil, gas and other mineral deposits, as reserved in Patent from United States
of America.
Vrolleithahmtli
PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB-0017
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 Lacey
Ed Williams
D Fritz No Objection
Nicolaas Swart No Objection
Gary Scott
Tricia Brown
b COUNTY P&D No Objection
RE Services 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/R
Scottsdale Water N/R
Town of Cave Creek water N/R
d GOV AGENCIES N/A
e MUNICIPALITIES / N/A
TRIBES
DATE: 12/21/2015 INIT: KG
AERIAL EXHIBIT
PATENT EASEMENT
REPLACEMENT EASEMENT
R3E
5-T5N,
System
Sec CNTY
20 E33' by Road
Lot
32, the Declared CNTY
COUNTY PAB-0017 E2 EXCEPT in
S33' NOT NOT
5 gisiL MArcl-COPA
Esmt Sec 1207483
Pat 20 No. [3101
33 Lot
Pat UNINCORPORATED
- Th lifip+003 211.1 53 '‘..070D
. . L...?
75-N Rg=
(er,
wigAson 4-1=
Arizona 014758
1ie tiniteb giotate5 of gmerica,
41ct att utimm tIyø preeents slim!! come, Greeting:
WHEREAS, a Certificate of the Land Office at phoenix, Arizona,
has been issued showing that full payment has been made by the claimant
Dorothea E. Long
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:
Gila and Salt River Meridian, Arizona.
T. 5 X., R. 3 E.,
Soc. 5, Lot 20.
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 33 feet in width, for roadway and public utilities
purposes, to be located along the mouth, east and vast boundaries of said laud.
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
TWELFTH day of APRIL in the year of
PEAL) our Lord one thousand nine hundred and S IXTY
and of the Independence of the United States the one hundred
and E IG H TY -FOU RTH .
For the Director, Bureau of Land Management.
Yetige,
,r
CAW, Patents Scion.
Patent Number 1207483
OPCf 5811637
OFFICIAL RECORDS OF
.ARICOPA COUNTY RECORDER
Return to Qwest HELEN PURCELL
Attn: Mary Hutton 20150659230 09/14/2015 08:08
5025 North Black Canyon Hwy, Rm 100 ELECTRONIC RECORDING
Phoenix, AZ 86016 MCMH091415-4-1-1—
Yorkm
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
The undersigned David J. Fortuna and Dawn M. Fortuna, Husband and Wife, ("Grantor") for and in
consideration of $10.00 and other good arid 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 ate
maintain, and remove such telecommunications facilities, electrical and gato• -iacilities, and other 59-
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
RAW initials
Cal
20150659230
RECORDING INFORMATION ABOVE
GRANTOR(S):
Name:(44(,‘"2
David J. Forttina
Name;
Dawn M. Fortuna
STATE OF Wici—.101)
) ss:
COUNTY OF
The foregoing instrument was acknowledged before me thi day of
Witness my hand and official seal:
DIE M. DUKERICH
ittly.Pubfic WRIOOPA - State CoUNTY of Aft,* ly Public
Won Nov. 1. 2014
My commission expires:6\1 \\
Page 2 of 4
WW/# Job
Exchange: Deer Valley North County: Marieopa
NW 'A of Section: 5 Township: 5N Range: 3E
2 0 1 5 0 6 5 9 2 3 0
August 20, 2015
Rick No.
IvIEC
EXHIBIT "A"
LEGAL DESCRIPTION
CENTURYLINK EASEMENT
A parcel of land situated in the south half of the east half of Lot 20, Section 5, Township
5 North, Range 3 East of the Gila and Salt River Meridian, Maticopa County, Arizona, more
particularly described as follows:
The north 10.00 feet and the west 10.00 feet of the north 60.00 feet of the south half of the east
half of Lot 20, Section 5, Township 5 North, Range 3 East of the Gila and Salt River Meridian,
Maricopa County, Arizona.
Except the east 33.00 feet thereof.
9-30-20113
CENTLRYLITIKdoc
20 15 0 65923 0
.
.. b r...) cr) 33'
L. f
S. N.
LOT 1/2, LOT 1/2,
331.63' 331.66' 331.69'
2O W. 20 W.
1/2 1/2
33' //1. THE
CENTURYLINK ESMT. WEST LOT
S69'
EXHIBIT FOR 14 10"----.--\ 1 * T.5N., 20,
0 .--.1 0.3 --.1 :1 co 8'58"E
ROADWAY
R.3E. SECTION
. 663.39'
"B" &
EASEMENT PUBLIC —THE 5,
S. N.
LMLITIES LOT 1/2, NORTH CENTURYUNK LOT 1/2,
331.63' 20 E. 331.66' 10' 20 E. 331.69'
DKT. 1/2 1/2
3254, Cl) EASEMENT
PG.
62.
J
zri cr, .... 33' bi 33' SCALE
1"
=
80'
:74•1
Capacity Provisioning
Engineering
5025 N. Black Canyon Hwy
Room 119
Phoenix, AZ 85015
September 16, 2015
Maricopa County DOT
2901 W Durango Street CenturyLink Tracking #
Phoenix, AZ 85009
A1506318
Response to request for abandonment
Your File Number PAB-0017
This is in response to your request of June 29, 2015 for the abandonment of Public
Utility Easement on the property located at 35802 N. Central Avenue 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.
If you have any questions or need additional information, please contact Mary Hutton on
602-630-7778.
Yours truly,
Mat'y Hutton
ROW Engineer
INITIAL DETERMINATION REQUEST
LETTER TO REQUESTOR
INITIAL RESPONSE CHECKLIST
ricopa Couitav 1001130Konnent of TratrmiporitaUjorin
Engineering Dion
2901 West Durango Street • Phoenix, AZ 85009
11111 Phone: (602) 506-8609 • Fax: (602) 506-4009
JUN 2 2015 ,Cr.VATENT EASEMENT ABANDONMENT INITIAL DETERMINATION REQUEST
Applicant Narne: David and Dawn Fortuna Tracking NO:
Mailing Address: 35802 N. Central Avenue
city Phoenix STATE: AZ ZIP: 85086
Telephone: 480-772-7270/480-772-7271
Email: dm4tuna©gmail.com Fax No: Ilia
PARCEL DETAIL
Assessor's Parcel Number: 211-53-070C
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
35802 North Central Avenue, Phoenix, AZ
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
Abandon 33-foot paterit ene,r,7n:IL rAtf-le southern boundary of the parcel.
/
SIGNATURE
Voc.,// .*•
igrfature of Applica * ID)II
* 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 Eilir MCDOT
Total Received: Received By:
Initial Determination Fee: ,25"--0)
$250.00 Check #: 582 3 Date: e) p/ 16 •
Make check payable to: MCDOT
2901 West Durango Street 5 20 (5-'3 5-2,7
Phoenix, AZ 85009
Maricopa County
Department of Transportation
2901 W. Durango St July 20, 2015 wil' (V) [ II 1\.1/ fr
Phoenix, AZ 85009 il
Fax: Phone: 602-506-4009 602-5U64609 David (St Dawn Fot tuna 111 NOV 16 21115
www.rnaricopn.gor 35802 N. Central Avenuc
Pllocnix, AZ 85086 By,. _
Attn: Property Owner
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 211-53-070C
and identified as tracking No. 1'4B00 1 7.
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.
No objections have been received from any governmental agency.
Objection from Centuiy Link has been received.
Section 5d of Maricopa County ordinance P-34 states that No abandonment of a patent easement can occur over
objection from any Utility, Since Century Link has objected you will need to Contact Mary Hutton by phone at 602-
630-7778 or email Mary.Hutton I @centurylink.com to resolve the objection. To view County ordinance P-34 go to:
Intp://www.inedotinaricopa.gov/easements/lionte.litm and click on the "Ordinance P-34" hyperlink.
After the utility objection has been resolved and you wish to proceed with the abandonment, go to the MCDOT
website at http://www.mcciot.maricopa ,gov/easements/home.htni 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:
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 thoard of Supervisors.
ez:C
Denise Brewer Dennis P. Lindsey
Permitting, Construction and Inspections Deputy Chief Real Estate
Div. Mngr. Ph: 602-506-1067
Enclosure: Aerial Exhibit, Initial Determination Check List
cc: PAB-0017 - file
PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application JD: 1PAB0017
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
Denise Lacey
Ed Williams '
Denise Brewer
Kevin Kottmer
Gary Scott No Objection
Nicolaas Swart No Objection
Dianna Cunningham
Tricia Brown No Objection
COUNTY P&D No Objection
RE Services No Objection .,
Parks No Objection
FCD No Objection
c UTILITIES APS N/R
Century Link OBJECTION — has existing facilities Sect 5d
Cox N/A
SRP N/A
SWG N/R
Scottsdale Water N/A
Town of Cave Creek water NM
d GOV AGENCIES N/A
e MUNICIPALITIES / N/A
TRIBES
DATE: 7-20-2015 INIT: KG