Extracted text (via pymupdf_layout)
21774 characters
APPLICATION
PROOF OF OWNERSHIP
APPLICATION RESPONSE CHECKLIST
•
Evlaricopa County Department of Transportation
Engineering Division
2901 West Durango Street Phoenix, AZ 85009
al_ 10 2015 Phone: (602) 506-8609 • Fax: (602) 506-4009
_frAIA1IONMENT ir Min APPLICATION
Applicant Name: Paradise Valley Apostolic Church Association Tracking NO: pAt3 0014 INITIAL
HEZErill
Mailing Address: 19835 North 12th Street
City Phoenix STATE: AZ ZIP: 85024
Telephone: (480) 710 -8720
TimothyR@ATMphx.com Fax No: (623) 582-2300
'PARCLItETAIL
Assessor's Parcel Number: 210-09-13
1. Location of Request: (ex: 3200W. Dove Valley Road, Phoenix) i5 1
Northwest Corner of 11th Avenue and Happy Valley Road
1 Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
Abandonment of 33' patent easement on North, East & West sides of parcel 210-09-13.
Southern 40 has already been dedicated to COP for Happy Valley Rd. and another 35' is being dedicated currentr
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 approvin g 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, Rev • Gail H. Rock 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: April 2g, 2.0/ 7
R441–, day of , IC Notary LYNETTE Fubilo,Siate SCHRAGE of Arizona
Maricopn County
M y Commission Expires
April 29, 2017
a-0
NOTARY PUBLIC PUBLIC
July 8,2015
Ejtiat rite of Applicant Date
NOTE: The application fee is NOT refundable.
TIM PORTION TO DE COMPLETED BY NCIDOT
Received By:
Total Received: / 3. 124L
Application Fee: $1,600.00 .
Check it: •7/ Zit Date:
Make check. payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009
'Application Fee will he $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 fast six months.
Recorded at the Request(
Chicago Title Insurance Company
1.11111tAt Kttliltlh
When Recorded, mail to: NARICOM COONEY RECORDER
HELEN PURCELL
?NRADISE VALLEY APOSTOLIC CHURCH 20050419738 04/01/2005 16:58
19835 N. 12th 2503329-1-3- 1 --
Phoenix, Arizoda 85024 MORONIC RECORDING
RESALE
Order No: 2503329 09
Warranty Deed
For the consideration of Ten Dollars, and other valuable consideration, I or we,
PHILIP R. HUBACEK and VIRGINIA I. HUHACEK, husband and wife
do hereby convey to
PARADISE VALLEY APOSTOLIC CHURCH, an Arizona corporation
the following real property located in maricopa County, Arizona:
The East half of the Southeast quarter of the Southwest quarter of the Southeast
quarter of Section 6, Township 4 North , Range 3 East of the Gila and Salt River
Base and Meridian, Maricopa County, Arizona
EXCEPT the South 33 feet for roadway
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, the
Grantor warrants the title against all persons whomsoever.
Dated: February 22, 2005
ae4; X 1/i61,6
PHILIP . HUBACEK
'0.1'Lc -6.1 (1 • t(k.r1 cJ -6
State of ARIZONA /
County of MARICOPA Date of Acknowledgement
AcknowledgementofmILIP R. HUBACEK and VIRGINIA I. HUBACEK
This instrument was acknowledged before me this date by the persons above-subscribed and If subscribed In a
representative capacity, then for the principal named and In the capacity Indicated.
Illel ill A. POWELL NIIIP41401/
Notary Public - Arizon. (AAJ'tel
Maricopa County
Expires 12/13/06 Notary Public
My commission expires:
State of ARIZONA
County of MARICOPA Date of Acknowledgement
Acknowledgement of
This instrument was acknowledged before me this date by the persons above-subscribed and if subscribed in a
representative capacity, then for the principal named and in the capacity indicated.
Notary Public
My commission expires:
NOTE; The parties are cautioned that by completing and executing this document, legal rights, duties and
obligations are created. By signing, the parties acknowledge that they have been advised to seek and obtain
Independent legal counsel as to all matters contained In the within document prior to signing same and that
said parties have obtained advice or choose to proceed without same.
WDECD 7/ 28 /95 JEN
PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB0014
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 NR
Ed Williams NR
Nicolaas Swart No Objection
Gary Scott No Objection
b COUNTY P&D No Objection
, Real Estate No Objection
Parks No Objection
FCD No Objection
c UTILITIES APS N/R
Century Link No Objection
Cox No Objection
SRP N/A
SWG N/A
Central AZ Water N/R
Conservation District
AT&T N/A
Scottsdale Water N/A
Phoenix IT Services N/R
Phoenix water/sewer No Objection
d GOV AGENCIES N/A
e MUNICIPALITIES / N/A
TRIBES
DATE: 8/13/2015 1NIT: KG
AERIAL EXHIBIT
PATENT EASEMENT
REPLACEMENT EASEMENT
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.4 ..I . • .• . I. 4.1-
4-1212 1953)
Arizona 0888
lirbt littiteb 'tate Zimerita,
Mu ail to whom these presents chali ramie, erecting:
•
WHEREAS, a Certificate of the Land Of Tice at Phoenix, Arizona,
is now deposited In the Bureau of Land Management, whereby it appears that full pnyment has boon made
by the claimant floMie Mae Gallants
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, Arisona.
T. 4 N., R. 3 R.,
See. 6, EiSliSW-1604.
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, hi consideration of the premises, and
in conformity with the several Ants 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, nil coal, 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 acid 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 he located &woes said Thad or aa near as practicable to the ecrterior
boundaries.
Excepting and reserving, also to the United States, pursuant to the provisions of the Act of August 1, 1046
(00 Stat. 7155), all uranium, thorium, or any other material which Is or may be determined to be peculiarly
essential to the production of fissionable materials, whether or not of commercial value, together with the
right of the United States through its authorized agents or representatives at any time to enter upon the
land and prospect for, mine, and remove the same.
lotrwativ:
." . 1 1 ; IN TESTIMONY WHEREOF, the undersigned authorized officer of the
Bureau of Land Management, in accordance with the provisions of
F " " 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 band, in the District of Columbia, the WENT=
[SEAL] day of mum in the year of our Lord one thousand nine
hundred and nrmrotrit and of the Independence of the
United States the one hundred and sffEsTr—WINTIL
For the Director, Bureau of Land Management,
Patent No, .11.40.1__8 By . ."? % ( , . .....
Cbit f, l'atolts ameteeXhAt
7. • •Artl••••• emu. atr•ct I• • •-•;i I
•
i, CenturyLink-
Capacity Provisioning
Engineering
5025 N. Black Canyon Hwy
Room 119
Phoenix, AZ 85015
July 07, 2015
Maricopa County DOT
2901 W Durango Street CenturyLink Tracking #
Phoenix, AZ 85009
A1506288
Response to request for abandonment
Your File Number PAB-0014
This is in response to your request of March 20, 2015 for the abandonment of Public
Utility Easement on the property located at Happy Valley Rd and 11th Ave 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 trul
May Hutton
ROW Engineer
( DFFICIAL RECORDS OF
mARICOPA COUNTY RECORDER
HELEN PURCELL
20150485803 07/07/2015 08:06
Return to Qwest ELECTRONIC RECORDING
Attn: Mary Hutton
5025 North Black Canyon Hwy, Rm 100 MCMH070715-4-1-1--
Phoenix, AZ 65015 Yorkm
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
The undersigned PARADISE VALLEY APOSTOLIC CHURCH, an Arizona
cornoration.,("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 Gnmtorls 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
RIVIT# 42.. 070 7/5-41/ier Initials
0
20150485803
RECORDING INFORMATION ABOVE
GRANTOR(S):
PARADISE VALLEY APOSTOLIC CHURCH,
an Arizona co 'oration
WM°
By:
Name: eeu
Title: ckv\ bv,reclor
STATE OF Art2-cDrIo-
) ss:
COUNTY OF YY\C'Orie-DV;1-
The foregoing instrument was acknowledged before me this a...) \IA" day of,
2015, by . jZoCA as Fre,s0eirrk of
P1'xr0,0e. ,e..A.A A p OStb I e.,kU.VC-P\
Witness my hand and official seat:
INNEUESCHRAGE
Notary Publio,ststo of Arizona
Maricopa County
My Commission Expires
ApH129,2017
Notary Public
My commission expires:
Page 2 of 4
RIW# 4Z.0 7 07,'c7110/ Job fi
Exchange: DEER VALLY NORM County: Marieopa
SE V, of Section: 6 Township: 4N Range: 3E
20150485803
EXHIBIT 'A'
LEGAL DESCRIPTION
THE NORTH 8.00 FEET TOGETHER WITH THE EAST 12.00 FEET OF THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 4 NORTH,
RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA
EXCEPT THE SOUTH 40 FEET FOR ROADWAY
20150485803
EXHIBIT 'B'
N 89•2347' E (R), 330.45(R)
8.001
COMMUNICATION LEGEND
EASEMENT
12.00'
PROPERTY COR
PROPERTY LINE
CENTERLINE
EASEMENT
.A)
COMMUNICATIONY
EASEMENT
tst
NORTH
SCALE=1"=80'
INITIAL DETERMINATION REQUEST
LETTER TO REQUESTOR
INITIAL RESPONSE CHECKLIST
. Pi/0°166 19
Maricopa County Departrnerrt 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 Hamel DAVID HAM BLEN Tracking NO:
Mailing Address: 1111 WEST UNIVERSITY DRIVE, SUITE 104
city TEMPE STATE: AZ ZIP; 86281
Telephone: 480-948-9766
Email: dhamblen©sdlaz.us Fax No: 480-948-9211
PARCEL DETAIL
Assessor's Parcel Number: 210-09-013
1, Location of Request: (ex: 3200W, Dove Valley Road, Phoenix)
West Happy Valley Road.
2, Description of Request: (ex: Abandon Easement bordering the south side or parcel 123-45-067A)
Abandonment of 33 patent comment. No Notion !Toothed. Southern 40' has already been dedicated lo cop for Happy Whey
rd. another 35' is being dedicated currently.
SIGNATURE
2016-03-16
Signatu7oLc1Applleatits Date
Applicant is NOT required to be the current owner of the described property,
POTE; The fee for this review Is NOT refundable.
THIS PORTION To BE COMPLETED BY mCDOT
_
Total Received: $,Z500 Received By:
Initial Determination Feat
$250,00 Check it: 8 I 3 Date: _,?3___.--y2:12,5)7___s e::
Make check payable to: MCDOT
2901 West Durango Street
AZ 859_0L___ 7) 3 d\e,/
Maricopa County
Department of Transportation
Real Estate
2801 W. Durango Street April 14, 2015
Phoenix, AZ 85009
Phone: 602-506-1421 David Hamblen
Fax; 602-506-4161
www.mcclot.maricopa.gov 1111 W. University Dr. Suite 104
Tempe, AZ 85281
Aar : 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 210-09-
013 and identified as tracking No. PAB0014.
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 Mary.Huttonl@centurylink.com to resolve the objection. To view County
ordinance P-34 go to: http://www.mcdot.rnaricopa.gov/easernents/home.htrn and click on the "Ordinance
P-34" hvnerlink.
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 /horne.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.
Syerely;
c
Denise Brewer Olson
Permitting, Construction and Inspections Real Estate Div. Mngr.
Div. Mrigr. Ph: 602-506-4706
Enclosure:
cc: PAB-0014 - file
PATENT EASEMENT ABANDONMENT
INITIAL DETERMINATION
CHECKLIST
Application ID: PAB0014
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 NR
Ed Williams NR
Jack Lorbeer NR
Kevin Kottmer No Objection
Jamie Winterstein NR
Gerald Toseano No Objection
Nicolaas Swart No Objection
Paul Driver NR
Tricia Brown No Objection
b COUNTY P&D No Objection
RE Services No Objection
Parks NR
FCD No Objection
c UTILITIES SRP N/A
Century Link Opposed X
Cox NR
APS NR
SWG NA
AT&T NA
d GOV AGENCIES N/A
e MUNICIPALITIES / COP Water & Sewer No Objection
TRIBES
DATE:4/13/2015 INIT: KG