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APPLICATION PROOF OF OWNERSHIP APPLICATION RESPONSE CHECKLIST copa County Departme 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: CP 2004 Station 1 LLC Tracking NO: PAB- 00 (5— Mailing Address: 2601 W. Dunlap Avenue Ste. 19 City Phoenix STATE: AZ ZIP: 85021 Telephone: 602-395-2600 Email: Eric@Cariocaco.com Fax No: PARCEL DETAIL Assessor's Parcel Number: 202-12-045 1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix) Northeast corner of New River Rd. and 1-17 2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A) Abandon Patent Easement on south and east sides of property only (leave northern patent easement) 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. I, 1146(01-) 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: 6 day of Ma-V JACQUELINE STEVENS Notary Public - Arizona Maricopa County ti,6:41A., (roe a../) My Comm. Expires Jun 9, 2018 iIw•m•-grmeeIs”miov"ww'sP"momPm2P-ch SIGNATURE ignature'of AppliC Date: NOTE: The application fee is NOT refundable. THIS PORTION TO BE COMPLETED BY MCDOT Received By: Total Received: Application Fee: $1,600.00* Check #: 7 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. nofficial RECORDING REQUESTED BY 20Document OLD REPUBLIC TITLE AGENCY ORDER #; 4717008405 WHEN RECORDED MAIL TO 47 CP 2004 Station 1, LLC Yo 2601 W. Dunlap Avenue, #10 Phoenix, AZ 85021 !Pia- SPACE ABOVE THIS LINE FOR RECORDER'S USE SPECIAL WARRANTY DEED For valuable consideration, receipt of which is hereby acknowledged, I or we, Shimbala Properties, LLC, an Arizona limited liability company do hereby convey to CP 2004 Station 1, LLC, an Arizona limited liability company the following real property situated in Maricopa County, Arizona; See "Exhibit A" attached hereto arid made a part hereof. SUBJECT TO existing taxes, assessments, covenants, conditions, restrictions, rights of way, easements and all other matters of record. The undersigned hereby warrants the title as against all acts of the Grantor herein and no other, subject to the matters above set forth. Dated: June 22, 2012 Shimbala Properkies, LLC„an Arizona limited liability company ClYrKL—Cjfirrir-Z By Parmesh Khamre, Managing Member State of AZ County of Maricopa The foregoing instal ent was acknowledged before me this 11' day of by Parm.e.shr•ern of Shiffi ala C a/an Arizona limited liability company, on behalf of the limited liability company. Note JOSE L. PONCE My commission exThire NOTARY MARICOPA PUBLIC COUNTY -ARIZONA My Commission Expires Januaiy 15,2014 201 2 0 6 4 8 95 4 ORDER NO. : 4717008405-KP EXHIBIT A The East half of the Southeast quarter of the Southeast quarter of the Southwest quarter of Section 27, Township 7 North, Range 2 East 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 sald land recorded July 18, 1960 in Docket 3351 page 243; and Except that portion of said premises which lies Westerly of the following described line: Beginning at a point on the South line of said Section 27, and point bears North 89 degrees 54 minutes 46 seconds West 282.07 feet from the South quarter corner thereof; Thence North 0 degrees 11 minutes 50 seconds West 750.00 feet to the end of this line description. UneMeial Document Page 1 of 1 l966O42B.,DKT_6O2&.322Unc -ial ---quimemDocument ARIZONA HIGHWAY DEPARTMENT RIGHT OF Y/Av SECTION r1 iIi.?4 ;It'r1:)..?-). 6IurtiiiI Ncril • OK tt1041 (A R S. 33402) ENOW AU. MEN BY THESE PRESENTS that 1STIYA D, OARDSRO, e WitiON, hereinafter termed Urantor, abase eddress I, 'Fairbanke, Alaake dots for the hereby consideration pant, conicy c $ and Yin warrant jiumotilti to the STATE. Portly OF ($540.eo) ARIZONA by DOLLAra and through its highssay commitsion, buelnafirt ictirnect Chanute, whos:c . address is ['bomb. 7, Afif011.1, Oa hereinafter described real propetly situated Mericepa • . County, Arizona and partkolarly describe,' as: That portion of tho Eat hale of thi GoOholot quarter of the &Sahel:10 quarter of the Routhwedt quarter (11 BEt SE 014 ) of Notion 27, TOwn- ship 7 North, Range 2 East,' Oils an Solt vor Meridian, Marioopa County, Arizona, which lien weaterly of the falowing deaoribed linoi Beginning at a point on tho South 282.07 line feet of from aaid the Section South 27, quertor sold point ' bears corner forth thereofj 89 6 54 thence 1 46" forth Welt, 0" 11 1 50" feet, 750.00 feet to the 0n4 of this line deaoription. ALSO, the Grantor horoin grants, convey°, warrant' and relinquiphea unto the Grantee ell her exieting, future and potential right's or easements of ingress or egresa, learnt, to, from and between And the upon limited the lands mese heroin highway oonveyed or highwoya and the remainder to be constructed of aaid East over halt of the Southwest querter of the Southeast quarter of the Southweet quarter (Et SEk Onk Mik) of Seotion 27. EXCEPT, that the remainder of mild East half of the Southeast k qualtor SWk or Seotion of the Southeast 27, shell quarter hav0 A of right the Southwest of reasonable quarter access (Et to SE the Beet de of the Hew River Interohange Office ol ehown of the on the State *Apr Highway end plena Director of at Project 1-17-1(29)22 in the Phoenix, Aricona. • 1-174 . VS02.: Skunk Creek — - N1,44. 1S"..1____. • P0)4Xt No Parcd Atribu ty21/66 19660428_DK116024_322_2 6(24 TPA 32,3 DK 6024 /MA aej OX T 1 IN WITNESS WHEREOF this Instrument is executes! this day of AD. 1915 AA LbelablIkrunvi INDIVIDUAL ACKNOWLHDONIENT STATE OF- 1SS. County of_adi&-11-1/a4 On this the -/ __ -day of P,67,10.4 , 19_1¢ ..A Wfore me ihr undersigned officer, personally appottted , foloun to me (or mfisfaiturily proven) to be the person_ vshose name.- .—. subscribed to the r)isthiminiqiii. eilt and sc4nossfedged that _he_ executed the UM far the purposes therein contained. .!',•:10,, .,..).s'ILI ••'''t "':•••••,. .. I.: e..,/ L'e7 Ti A IN VOTNESS WHEREOF 1 hereunto set coy hand and off' ixlyal. Yf- '''•-, '-i ii;:.. • . .1- . : -A 1,,-1 A„,- •11, 0- 6- .1) • C€ e-2... l', )(_.c .44_,....., s.;:l -) Z.1 : ".:.: -. My Commission eapires - .7:-.? . • .. .1/4„,71,FriK • Npprosed by the Arizona State . -..... - — - • . STATE OF ARIZONA . Iliglr,vay Commission • ".• 1,..E., vs-c.14.64Lity ••• . )r ". Lb ''nillnic,:::Ihrit :1,111441,11,%Vel A..ii.... i. 4, 1 ' g )4..."...:!. 7-1,-. 42-, 9_, .,4 :•/. ,.. .,, 4:‘,... ' ', Ar 28136-24o 3( )7 ,'e.' .-Z1...s., ;' • 1 It. ...1.2.2•1 411. 14,0 .. grEt - a ilit..9i mu nalE - it:47,i- '-h- 1).1p.31: "be - ri - ' -FA e :::: -,.1 8:-12 1 i D:E,3Er: ... • Accepted; SiATF1 OF AR1711:14s7. ' c-S" - %.;.:••• • •,-.4 .1 ' imic.t : • my hnbs1 amd offklal seal as siv . 2 v.:I.: (•00N01 11 I ) IlroMmF.3, Compared: - v '.**t LiFFORD H. !AM. Photo- by . • . ...Courtly ReceMir ChM ROI of WA). Amy -C. r(4744:;• kazoo! Deprtment • • . . : BY Deputy R r OP:0 PATENT EASEMENT ABANDONMENT APPLICATION CHECKLIST Application ID: PAB0015 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 CRI ITERIA MCDOT Bob Woodring No Objection Denise brewer NR Denise Lacey NR Ed Williams NR Gary Scott No Objection Kevin Kottmer NR Nicolaas Swart No Objection Tricia Brown No Objection 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 No Objection Scottsdale Water N/A Town of Cave Creek water N/A d GOV AGENCIES ADOT No Objection e MUNICIPALITIES / N/A TRIBES DATE: 7/20/2015 INIT: KG AERIAL EXHIBIT PATENT EASEMENT PAB-0015 Abandon Patent Easement S50 & E50' except the N50' of E2 SE4 SE4 SW4 ear. 101) Arizona 019101 Einiteb :tatos of &mica, Zo nit tul?ont tflow invoeutts uhnll conw, Orrvting: WHEREAS, a Certificate of the Land Office at Phoenix Arizona has been issued showing that full payment has been made by the claimant Ada T. Forbes 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 Skit River Meridian, Arizona. T. 7 N., R. 2 E., Sec. 27, EiSE*SEiSW*. The area described contains 5 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 annowledged 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, anil 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 along the north, south and east 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 tinder my hand, in the District of Columbia, the E IGHTEENTH day of JANUARY in the year of (SEAL] our Lord one thousand nine hundred and SIXTY and of the Independence of the United States the one hundred and EIGHTY-70MM For the Director, Bureau of Land Management. Jrf /2/ By Chief, Pafenie Scclion, Patent Number GPO O655 INITIAL DETERMINATION REQUEST LETTER TO REQUESTOR INITIAL RESPONSE CHECKLIST • /1,1-00/5- •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: Mailing Address: T2 c- E- • C6t.0,Leitic_:(2, City STATE: ZIP: Telephone: b 1 iF tiQo - 20 g Email: co\ctLc "1"I, Fax No: PARCEL DETAIL Assessor's Parcel Number: 2,02..— ( -2— — L- 1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix) NE \lI-\ 0_3 : (4- 2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A) lack_ce. -0•C) I CeC—r-Le-( SIGNATURE 16 — Signature of—Applicant* 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 MC DOT Total Received: Received By: Initial Determination Fee: $250.00 Check #: Date: Make check payable to: MCDOT 2901 West Durango Street Phoenix, AZ 85009 Maric op a County Department of Transportation Real Estate 2801 W. 1)nrango Street May 12, 2015 Phoenix, AZ 850439 Phone: 502-5061421 Kurt Jones Fax: 602-506-1161 www.medot.maricort.gov 2525 E. Camelback Rd. 7 th Floor Phoenix, AZ 85016 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 202-12- 045 and identified as tracking No. PAB0015. 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 Century Link has objected you will need to Contact Mary Hutton by phone at 602-630-7778 or email Man%Huttord@centurylink.com to resolve the objection. To view County ordinance P-34 go to: littp://www.mcdot.maricopa.govieasements/home.hun 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 hap://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 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 osted. The abutting owners and other public users of the road have the right to object in writing or ap .1 before the Board of Supervisors. Shrerely, Denise Brewer Dennis Lindsey Permitting, Construction and Inspections Deputy Chief Real Estate Officer Div. INIngr. Ph: 602-506-4706 Enclosure: cc: PAB-1015 - file PATENT EASEMENT ABANDONMENT INITIAL DETERMINATION CHECKLIST Application ID: PAB0015 . 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 Denise Lacey No Reply Ed Williams No Reply Jack Lorbeer No Reply Kevin Kottrner No Objection Karl Rockwell No Objection Gerald Toscono No Objection Nicolaas Swart No Reply Paul Driver No Reply Tricia Brown No Objection b COUNTY P&D No Objection RE Seivices No Objection Parks No Objection FCD No Reply c UTILITIES APS No Objection Century Link Opposed X Cox SRP SWG Scottsdale Water Town of Cave Creek water d GOV AGENCIES ADOT No Objection e MUNICIPALITIES / N/A TRIBES DATE: 5/12/2015 INIT: KG